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Publication date: 16.05.2024
lawyer, 23 years of experience in enforcement.
Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization" provides for categories of persons who are not subject to conscription. These are, in particular, persons recognized in the prescribed manner as disabled or, according to the conclusion of the military medical commission, temporarily unfit for military service due to their health for a period of up to six months (with subsequent examination by the military medical commission).
In accordance with clause 1.1. Regulations on military medical examination in the Armed Forces of Ukraine, approved by the order of the Ministry of Defense of Ukraine dated 14.08.2008 No. 402 (hereinafter - Regulations), military medical examination determines the fitness for military service of conscripts, military personnel and conscripts, establishes the causal relationship of diseases, injuries (wounds, contusions, mutilations) and determines the need and conditions for the use of medical and social rehabilitation and assistance to military personnel.
According to Clause 3.1 of the Regulations, medical examination of conscripts is carried out by the decision of the military commissar of the VLK of the military commissariats.
Full-time and part-time (permanent and temporary) VLKs, based on the results of inspections, adopt resolutions, which, in accordance with Clause 2.1 of the Regulation, are formalized by a certificate of illness, a certificate of a military medical commission, a protocol of a meeting of a military medical commission on determining the causal relationship of diseases, injuries, contusions, injuries, mutilations of a former military serviceman. Such resolutions are binding.
VLK resolutions are adopted on the basis of the Schedule of Diseases, Conditions and Physical Disabilities, which determine the degree of suitability for military service (hereinafter - the Schedule of Diseases) (Appendix 1 to the Regulation), explanations on the application of articles of the Schedule of Diseases (Appendix 2) and tables of additional health requirements I (further - TDV) (Appendix 3).
The conclusion of the VLK after the inspection may indicate:
- suitability of a serviceman for military service;
- temporary unfitness for military service with appointment of a re-examination date;
- unfit for military service with exclusion from military registration.
According to paragraphs 2.4.10 p. 2.4 Provisions and resolutions of the Regional Central Committee may be appealed to the Central Committee or in court.
Sub-item 2.3.5 of clause 2.3. The regulation stipulates that the decisions of the Central Committee of the People's Republic of China can be challenged only in a court of law.
In order to review the decision, a person must submit an application to the higher-level VLK or Central Committee for the revision of the contested decision of the lower-level VLK and add to the application all available documents issued by the military medical commission whose decision is being reviewed. The reasons for initiating the review must also be specified in the application.
The procedure for appealing a decision of the VLK:
- resolutions of the Regional Military Committee of the district (city) military commissariat are reviewed by the Regional Military Committee of the Military Commissariat of the Autonomous Republic of Crimea, oblasts, and the city of Kyiv;
- regional VLKs have the right to review or cancel the resolutions of subordinate VLKs (only the Central Committee has the right to review the resolution on fitness for military service of former servicemen for the period of their actual release from the Armed Forces of Ukraine);
- the resolutions of any VLK may be revised by the Central Committee of the Central Committee. Only the Central Military Commission has the right to adopt or revise the resolution on the suitability for military service of former servicemen for the period of their actual release from the Armed Forces of Ukraine.
Based on the result of the examination of the application, a decision may be made to conduct a repeated or control medical examination in order to finally resolve the issue of fitness for military service.
In the event that a conscript does not agree with the decision of the VLK, he can apply to the court to challenge the decision. You can apply to the court immediately, the procedure for appealing the decision of the VLK out of court is not mandatory.
Legal service "Consultant" will help to select a specialist to appealing the decision of the Military Medical Commission (MMC) out of court and to prepare an appropriate application to appeal the MMC decision. ( appealing the decision of the MMC )
