Publication date: 08.05.2024
Cancellation of reservations in accordance with the list of diseases for deferrals": summonses, TCC, mobilization, financial support for persons liable for military service
Martial law and general mobilization continue in Ukraine. In particular, the fitness for military service is determined by the military medical commission (MMC).
Articles 60-65 contain a list of diseases of the musculoskeletal system and connective tissue that give the right to be released from military service.
What diseases are not mobilized to the Armed Forces of Ukraine
The following diseases are not subject to conscription:
- infectious arthropathies M00-M15 (pyogenic arthritis, reactive arthropathies, Reiter's disease);
- inflammatory polyarthropathies M05-M15 (seropositive and seronegative rheumatoid arthritis, Felty's syndrome, rheumatoid vasculitis, Still's disease, rheumatoid bursitis, psoriatic and enteropathic arth-ropathies, juvenile arthritis, gout, crystal arthropathies);
- systemic connective tissue diseases M30-M36 (polyarteritis nodosa and related conditions, necrotizing vasculopathies, Wegener's granulomatosis, Takayasu syndrome, systemic lupus erythematosus, derma-topolymyositis, systemic sclerosis, dry Sjögren's syndrome, Behcet's disease, diffuse eosinophilic fasciitis, etc;)
- ankylosing spondylitis M45;
- osteoarthritis and other joint disorders M15-M19, M22-M25 (polyarthritis, coxarthrosis, gonarthrosis, - other osteoarthritis, patellar lesions, intra-articular lesions of the knee and other joints) soft tissue diseases M60-M79 (diseases and lesions of muscles, synovial membrane and tendons, bursopathy, enthesopathy, shoulder lesions);
- osteopathies and chondropathies M80-M94 (osteoporosis of bones with or without pathological fracture, osteomalacia in adults, delayed fracture healing, stress fractures, fibrous dysplasia of bones, osteomyelitis, osteonecrosis, Paget's disease, juvenile osteochondrosis of bones (except for the spine), other osteo-chondropathies and cartilage lesions);
-acquired deformities and defects of the fingers and toes S60-69, S90-99;
-acquired deformities of the limbs T11, T13, T92, T93, acquired flat feet M20-M21;
-fibroblastic disorders M72;
-spinal diseases (dorsopathies) and their consequences M40-M54 (kyphosis and lordosis, scoliosis, osteochondrosis of the spine, spondylolysis, spondylolisthesis, intervertebral disc lesions, other dorso-pathies).
If a person is diagnosed with at least one disease from the list, the conscript may be declared unfit for military service and removed from the military register.
Financial support for military personnel,Components of financial support:
- Are set individually in accordance with Article 9 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families";
- Depend on the position, rank, conditions of service, academic degrees and titles.
The amount of financial support is set by the Resolution of the Cabinet of Ministers of Ukraine No. 704 dated 30.08.2017.
The mechanism of payment is defined in the Procedure for payment of financial support (Order of the Ministry of Defense of Ukraine Nº 260 of 07.06.2018), as well as payment of financial assistance in the amount of monthly financial support for solving social and domestic issues, according to the decision of the Minister of Defense of Ukraine in 2024.
Types of payments:
-- The minimum monthly amount of financial support is UAH 20,100 starting from February 01, 2023 (Grounds: Presidential Decrees Nº 36/2022 and Nº 53/2022, Decision of the Ministry of Defense Nº 2683/3);
-- One-time financial assistance upon conclusion of the first contract in 2024: UAH 24,224. Sergeants and non-commissioned officers: UAH 27,252. Officers: UAH 30,280 (Grounds: MoD Order No. 260 of 07.06.2018);
-- Additional remuneration for participation in hostilities. Amount of payment: UAH 100,000 from 02/24/2022 (Grounds: CMU Resolution No. 168 of 02/28/2024).
-- Additional remuneration for performing special tasks outside of combat operations. Amount of payment: UAH 30,000 (Grounds: Law No. 3161-IX, CMU Resolution No. 168 of 28.02.2024);
-- One-time remuneration for tasks on the contact line. Amount of payment: UAH 70,000 for every 30 days from 01.04.2024 (Grounds: CMU Resolution No. 419 of 12.04.2024).
--Payment to the wounded who cannot perform their duties. Amount of payment: UAH 20,100 starting from 01.06.2023 (Grounds: Law No. 3161-IX, Law No. 3621-IX, CMU Resolution No. 168 of 28.02.2024);
--Additional remuneration for instructors of training centers. Amount of payment: from 15,000 to 30,000 hryvnias (Grounds: Law No. 3161-IX, CMU Resolution No. 168 of 02.28.2024);
-- Remuneration to cadets for peculiarities of training during martial law (special period). Amount of payment: UAH 2,350 (Grounds: Law No. 3161-IX, CMU Resolution No. 168 of 28.02.2024), effective date: from 01.06.2023;
--One-time financial assistance upon dismissal. The amount depends on the grounds for dismissal and length of service (Source: Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families");
-- Preservation of financial support in case of captivity or disappearance. Amount of additional remuneration: UAH 100,000 (Grounds: Law No. 3161-IX, Resolution of the Cabinet of Ministers No. 168 of February 28, 2024), effective from June 01, 2023.
Thus, we can see that the adopted amendments to the current law were adopted taking into account the changes in the requirements of the time and the imposed martial law in Ukraine, as well as the fact that a legal analysis of the situation, analysis of documents and verification of documents by a lawyer and a legal opinion were conducted.
