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Military registration document of a person with a disability at the time of acceptance
QUESTION
If a person with a disability of group 2 or 3 is hired, must he provide a military registration document?
ANSWER
According to the Procedure for the organization and maintenance of military records of conscripts, conscripts and reservists, approved by Resolution No. 1487 of the Cabinet of Ministers of Ukraine dated December 30, 2022 (hereinafter - Procedure No. 1487), it is possible to hire a conscript only after presenting a military ticket.
Before hiring an employee, in accordance with Order No. 1487, the employer is obliged to check whether the candidate for the position is on the military register, where exactly and whether his data are current.
If the candidate for the position does not provide confirmation of his military record, the employer has no right to hire such an employee, as this would be contrary to Order No. 1487.
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The confirmation can be a military card or a temporary certificate of a conscript.
The disability established for a person does not give grounds to automatically assume that the person is not suitable for military service and should not be on the military register. Especially if such a person is able to work.
Fitness for military service of conscripts and conscripts is determined by the VLK (clause 1.1 of Regulation No. 402). Therefore, such a decision will be made by the VLK.According to the results of the medical examination, the VLK will make one of the decisions:
• "Suitable for military service";
• "Temporarily unfit for military service (specify the date of re-examination)";
• "Unsuitable for military service with exclusion from military registration."
According to the articles (items of the articles) of the Schedule of Diseases, which provide for an individual determination of suitability for military service and military specialty, the VLK issues one of the following resolutions regarding conscripts who are called up for military service or accepted for military service voluntarily under a contract:
• "Unfit for military service in peacetime, limited fit in wartime";
• "Limited suitability for military service";
• "Suitable (or unsuitable) for military service under contract, in specialty _____________ (specify specialty)";
• "Suitable (or unsuitable) for military service in a peacekeeping mission in the specialty _____________ (specify the specialty)";
• "Fit for military service."
Information about the degree of suitability for military service will be provided by entries in military registration documents.
We remind you that if persons are not excluded from military registration, they are considered conscripts and are subject to military registration.
Having analyzed the above, we can come to the conclusion that a person with a disability of the 2nd or 3rd group must provide a military registration document when being hired. The employee needs to apply to the TCC and SP to obtain a military ticket, which will already contain a note about the degree of suitability for military service according to the results of the medical commission.