Publication date: 19.05.2024
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Determining the degree of incapacity for servicemen
In Ukraine, the determination of the degree of incapacity for servicemen and conscripts undergoing service or training is regulated by a number of legal acts. The main provisions on this issue include assessment procedures, documents necessary to establish the degree of disability, as well as rules for drawing up such documents.
Substantive provisions
Grounds for determining the degree of disability
1. The military medical commission conducts an assessment on the basis of a resolution issued as:
- a certificate from the military medical commission.
- certificate of illness.
- extract from the minutes of the meeting of the staff military medical commission.
- the form of these documents is approved by the Ministry of Defense of Ukraine.
The procedure for determining the degree of disability
1. The direction to determine the degree of incapacity for work is carried out by the commander of a military unit or a territorial center of recruitment and social support.
2. After the end of the treatment of a serviceman or a conscript, the MMC determines the degree of loss of working capacity in percentage.
Documentation
1. Copies of documents confirming the degree of disability can be submitted in paper form.
2. Copies of documents must be certified by an authorized person in accordance with the Procedure for the exchange of medical and other documents, approved by Resolution No. 901 of the Cabinet of Ministers of Ukraine dated August 23, 2023.
Terms of determining the degree of disability
1. The degree of loss of working capacity is established from the day of the inspection of the MMC.
2. This process must be completed no later than the date of release of the serviceman or conscript from military service.
Procedure for exchanging medical documents
The exchange of medical and other documents of military personnel between state and municipally owned health care institutions, state institutions of the National Academy of Medical Sciences and military units, territorial centers of recruitment and social support is carried out in accordance with the resolution of the Cabinet of Ministers of Ukraine dated August 23, 2023. This No. 901. the exchange is regulated by a special procedure, which provides for certification of copies of documents by authorized persons.
An appeal against the decision of the VLK (military medical commission) can be carried out in accordance with the legislation of Ukraine on military status and medical examination. Here is the general procedure for appealing a decision of the MMC:
1. Obtaining a decision of the MMC: first you need to receive a written decision of the MMC regarding your state of health or the health of the person you represent.
2. Consultation with a lawyer: Consult an attorney or legal consultant experienced in military medical examination cases for advice on the possibilities of appealing the decision of the MMC.
3. Litigation: If your complaint is not satisfactorily resolved, you may file a judicial claim with a court-martial to challenge the decision of the MMC. In this case, your lawyer will represent your interests in the legal process.
4.Review of the claim: the court will consider your claim and make a decision on its satisfaction or rejection.
Conclusion
Determining the degree of disability of servicemen and conscripts in Ukraine is an important procedure that is regulated by military medical commissions on the basis of relevant resolutions. Adherence to established procedures and proper documentation are key to ensuring servicemembers' rights to appropriate compensation and social support.
It is important to keep in mind that the process of appealing a decision of the MMC can be complex and time-consuming, so it is important to have a qualified lawyer on your side to help you through this process.
