Publication date: 12.05.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Ukraine has a military service that ensures the country's security and fulfills its duties in accordance with Ukrainian legislation. Military service includes various types of military such as the Armed Forces, the National Guard, and other military formations. Ukraine also has universal military service for men, which can be fulfilled through conscription or voluntary service. Military service includes various aspects, such as the protection of territorial integrity, the fight against terrorism, participation in peacekeeping missions and other duties aimed at ensuring security and stability in the country and beyond.
Resolutions of the MMC (military medical commissions) on the causal relationship of diseases, wounds, contusions, traumas, and mutilations may have different wordings depending on the results of the medical examination and assessment of the medical commission. Some of the common wording that can be found in such resolutions are:
1. A direct connection between the occurrence (or aggravation) of a health condition and military service.
2. Indirect connection, when there are factors or conditions of military service that could lead to the emergence (or exacerbation) of a health condition.
3. Absence of causal connection, when it is found that the health condition is not related to military service.
These statements may be more detailed in specific medical reports, depending on the results of the medical examination and evidence.
An injury (injury, contusion, mutilation) is directly related to the defense of the Motherland, if it was received in the following circumstances:
- during the defense of the independence, sovereignty and territorial integrity of Ukraine.- during direct participation in an anti-terrorist operation (joint force operation).
- while ensuring the conduct of an anti-terrorist operation, being directly in the areas of its conduct.
- during direct participation in the implementation of measures to ensure national security and defense.
- during the repulse and containment of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, being directly in the districts and during the implementation of the specified measures.
- during the measures necessary to ensure the defense of Ukraine, the protection of the safety of the population and the interests of the state in connection with military aggression against Ukraine.
This wording emphasizes the direct dependence of the injury on the individual's participation in the defense of the country and the fight against threats to national security.
An injury (injury, contusion, mutilation) is directly related to the performance of military service duties, if it was received during the actual performance of official duties during military service.
An injury (injury, contusion, mutilation) is related to military service, if it was received as a result of an accident that can be specifically defined (for example, a fall, explosion, collision, etc.), or an acute occupational disease (poisoning), or accidents However, an important condition is that this case does not consider injuries, contusions, injuries or mutilations received as a result of an accident in circumstances not related to the performance of duties, or which were caused by a serviceman committing an offense.Lawyers for the military play an important role in ensuring the rights and interests of military personnel. They can perform various functions:
Legal Defense: Provides legal defense to military personnel in matters related to their military status, including resignations, disciplinary cases, lawsuits, and other legal matters.
Legal advice: provide advice on the rights and responsibilities of military personnel, including issues related to military law, military discipline, rules of engagement, etc.
Representation in court: represent the interests of the military in legal proceedings, including civil, criminal and military cases.
Help with pension issues: help military personnel with pension issues, including recognition of pension rights and calculation of pension benefits.
Legal assistance in military conflicts: in the case of the participation of the military in military conflicts, lawyers can provide advice on issues of international humanitarian law and other norms governing the conduct of war.
The specialized qualification of lawyers for the military is important, which includes knowledge of military legislation, international humanitarian law and the specifics of military service. Such professionals may work in military legal services, law firms, human rights organizations, or the private sector.
