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Publication date: 01.05.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
Just recently the President signed Bill 3621, which cancelled the status of limited fitness for military service. And many people have a question, and what now, if they have exactly what is written in the conclusion of VLC, do they need to run and pass a second medical examination in the military commission, and how now they will be qualified as fit or as unfit for military service. This is exactly what we will consider in this article.
Limitedly fit in wartime
Such a status according to the results of the medical commission in the military commission received many people who did not have enough diagnoses to be removed from the military register and receive the so-called white ticket with the status of completely unfit. But at the same time there were certain diagnoses and diseases that did not allow to consider him completely healthy.
There are a lot of such people and let me remind you that if you have the status of limited fitness, you have no deferment from mobilisation.
To be more precise, it is available only if you have some disability group, 1, 2 or 3. And if the disability is not formalised, it is always the TCC and the SP who finally decide whether or not to mobilise those with limited fitness.
In this case, of course, first of all the fully fit were subject to mobilisation, and only then those with limited fitness.
Although the queue is very conditional.
So what has changed since Bill 3621 was signed into law?
This bill amended Article 14 of the Law of Ukraine "On Military Duty and Military Service".
And from the list of statuses was excluded the status of a person liable for military duty "limitedly fit".
Now after these changes, which will come into legal force within a month from the date of its official publication, there will be only 2 statuses - "fit" or "completely unfit".
It will now be impossible to obtain any other status, except for 1 of these two statuses, according to the results of VLC in the military commission after these changes come into legal force.
In this regard, the question arises as to which category the "limitedly fit" will be categorised - "fit" or "completely unfit"? That remains unanswered for now.
Of course, I'm sure there will be heaps of abuse on this topic. And that not everyone will be able to confirm their diagnoses again during the repeated VLC.
But so far there is no specific list or table, who with what diagnoses should be referred to what status after these changes.
And of course, this is an issue that needs to be finalised and a lot depends on it.
In my opinion, we should not hope that someone who was "limited fit" will suddenly get the status of "completely unfit". In the current realities, that is unlikely.
Most likely they will make him "fit" and say that they just can't send him to the front line. At the same time, they may send him to the rear. For example, to bring ammunition. And by the way, there are plenty of such cases, especially with "restricted fit".
As I think that such "restricted fit" will be made "fit", but in their conclusion VLC will put some diagnoses that should be taken into account.
Even before these changes I saw such VLC reports with the status "fit", but with some list of diseases and diagnoses. And I think that this will be the practice in the future.
However, let's see what will happen.
Repeated VLK for the restricted fit in Ukraine
Cancellation of the status of restricted fit is not the only change introduced by Bill 3621.
This bill also states in the Transitional Provisions that all restricted fit persons are subject to a repeat medical examination within 9 months to determine their fitness status for military service.
Does this mean that now all persons with limited fitness for military service have to report to the military enlistment centre themselves within 9 months.
In my opinion, no.
No one has cancelled the provisions that the obligation to appear at the military enlistment office comes only after the summons is actually served.
And this bill, even after its enactment into law, is not a served summons.
And it does not even say that such persons are obliged to appear for a repeated VLC.
It says they're subject to a second medical examination. Subject and obliged to appear for it are different things.
Therefore, if you do not receive any summons within 9 months from the date of entry into force of this draft law, you do not owe anything to anyone.
But if you do receive a summons and appear, and you have previously had the results "limited fit", then of course you will be sent for a second VLK.
At the same time, I am also sure that this will affect all those who are now in the process or will start the process of registration of deferment from mobilisation in the military commission. They will also be sent for repeated VLC.
Especially unlucky will be those who have already undergone VLC, have been recognised as limited fit, have submitted documents for deferment and are waiting for a decision on deferment. Most likely, military commissions will start delaying the process of granting deferment and once again send such persons for VLC.
And of course, first of all it will affect those who are booked. My advice is to undergo a second VLC before your reservation expires.
But if the period of validity of the armour has expired or there are no grounds for deferment - then that's it, you are subject to mobilisation.
Escort at the territorial recruitment and social support center is popular now, military commissariat and human rights don't go together nowadays, responsibility for failure to appear at the military commissariat is strict, fine for failure to appear at the military commissariat is more and more.
