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Publication date: 18.04.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Bill 10449 has passed and ot will come in force 18/05/2024. And it has provisions also on whether or not disabled people will be forced to retake the MSEC. This is what we will talk about in this article.
Deferral from mobilization for disabled persons, if not to pass the ISEC repeatedly
Deferral from mobilization is still available to all disabled people, and 1, and 2, and 3 groups. Regardless of the results of VLC in the military enlistment office.
And even if norms are adopted that all disabled persons must re-take the MSEC, it does not mean that their disability is automatically canceled or that their deferment is lost.
It's not lost or canceled. It is in effect.
But there will be a decision with a specific period of time, which does not exist yet and which has not been approved, during which certain categories of disabled people, not all of them, will have to retake the MSEC and confirm their disability.
Until this period of time passes, the disability will be valid.
But if a disabled person, who will be subject to recomission, does not pass the MSEC again or cannot confirm his or her disability within this period, the disability will be canceled and the deferment will be lost.
Who exactly does not need to retake the MSEC and confirm their disability
The repeated re-commissioning, its terms in the bill 10449 is not established yet. But some categories of disabled people will be subject to verification. And if the results of the verification of the grounds for their disability raise questions, then there is already a risk of re-commissioning.
According to the amendments to Bill 10449, only those disabled people who were first diagnosed with disability, starting from 24.02.2024, are at risk.
That is, if you first received disability before 24.02.2024, regardless of the date when you were re-admitted, before the war or after it, then you can not be forced to re-take the MSEC.
Also those who received disability due to the fact that they were servicemen and performed a combat task will not be subject to verification.
And while there is also a separate list of diseases for which there will be no check, even if the disability was first established to you after 24.02.2024.
Or to whom it was established because of the absence of a limb, hand, foot, leg, one of the paired organs, or as a result of cancer, intellectual or mental disorders, cerebral palsy or paralytic syndromes, in whom it is associated with disability since childhood.
Everyone else under the Bill 10449 edits will be subject to verification and then maybe re-commissioning, but in what time frame and in what order is unclear at this point.
And of course there will be a lot of corruption along the way, I'm sure.
Of course, many disabled people will suddenly become healthy.
Therefore, if you are in the risk zone, take care of medical statements, scans and other documents with which you will be able to confirm your illnesses.
Will I be held criminally liable if my disability is not confirmed?
Also a frequent question of many.
And the answer is as follows.
There is no direct dependence of bringing or not bringing you to criminal responsibility depending on confirmation or not confirmation of your disability.
If it is not confirmed - it means that now your state of health does not give grounds to consider that you are disabled. At least from the point of view of the MSEC members.
But that doesn't mean it was that way before. Maybe you just got better.
That's what you should say.
And unless you yourself say that the disability and diagnoses are faked, it is extremely difficult to prove it in practice. I am in no way encouraging you to give false information about your medical condition. But you should know your rights. So that attempts to accuse you of something you did not do will not succeed.
Escort at the territorial recruitment and social support center is actual now, fine for failure to appear at the military commissariat is more and more, responsibility for failure to appear at the military commissariat is strict, hiding from the military commissariat is not a good idea, but summons to the military commissariat by phone doesn't need your attention.
