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Publication date: 21.05.2024
lawyer, 23 years of experience in enforcement.
The procedure for a military serviceman to obtain release from an illness during the war period
Subject to Part 11 of Art. 10-1 of the Law of Ukraine “On Social and Legal Protection of Military Servicemen and Members of Their Families”, military servicemen have the right to release for medical treatment during the recovery of penniless and material security (Permission from ZSU I'm healthy behind the camp). This permit is issued to the chief of the Military Medical Commission for the Health of the Military Service. The severity of such relief depends on the nature of the illness. In this case, it is important to note that without interruption, the military service is not guilty of overstaying 4 months after death, since the law does not define the term “fellowship.”
The meaning of the term is also specified in paragraph 259 of the Regulations on the military service of citizens of Ukraine in the Armed Forces of Ukraine, approved by Decree of the President of Ukraine dated 10 June 2008 No. 1153/2008.
After completing the necessary term of health care and serving in the Armed Forces, the military service member must undergo an examination by the military medical commission to determine his identity before continuing his military service. Part 19 Art. 10-1 it is established that such release is granted in a special period during the period of war. It is important to note that in normative acts both the phrase “release from health” and “release from illness” are used.
In case of illness, military service members are required to submit a report on release from the Armed Forces of Ukraine, until which medical documents are submitted - the VLK report and the epicrisis of release, which confirm the need Validity of the given permit.
The place where the release is carried out must be clearly indicated in the report on the release of the ZSU for the health department.
The legislation does not specify the exact lines of the granted release, but emphasizes the criteria for the grant. As a rule, the specific day on which a military service member is required to obtain a permit is indicated in the order for the grant of release. However, it is important to note that this day does not have to coincide with the date the military officer submitted the report at the gate.
Extended to clause 6.1 of the Regulations on the military medical examination of the Armed Forces of Ukraine, as stated in the order of the Ministry of Defense of Ukraine dated September 14, 2008 No. 402, military service undergo medical examinations. These checks are carried out by their central officers, which may include the commanders of the surrounding units, peers and superiors, administrative bodies and units of the Military Law Enforcement Service of the Armed Forces of Ukraine, the prosecutor’s office, the court y, the heads of the garrisons, Chergov VLK, military-likuvalny deposits, where the celebration takes place, and as well as military commandants of garrisons and military commissars.
In accordance with Regulation No. 402, clause 6.5, nutrition is regulated for the provision of health allowances. In such cases, the military service member may be referred for a medical examination by the head of the department or by the profile head specialist of the military medical department, where he or she will undergo inpatient or outpatient treatment. This examination is documented in the history of illness of the military service, as well as in a medical record book, and is signed by a corresponding officer.
Vidmova to send a person to a medical facility that is against the law. If you have encountered such a crime, you have the possibility of discrediting it under Article 110 of the Disciplinary Statute of the Armed Forces of Ukraine. This point stands for unlawful decisions, actions (negligence) of commanders (chiefs) and other military servicemen, as well as violation of rights, legitimate interests and freedoms of individuals.
According to the provisions laid down in the Disciplinary Statute of the Armed Forces of Ukraine, individuals may be able to file sack either directly or through official channels. These are city officials, military authorities, law enforcement authorities and various other government structures. For the sake of appointment, any objections to the actions of the immediate superior (boss) in terms of service activities will be directed to him. If the person who violates the rights is not established, the misery is served according to hierarchical order.
Subject to Article 112 of the Disciplinary Statute of the Armed Forces of Ukraine, military servicemen have the right to a written confirmation when filing a complaint. However, when filing a skarga, the military serviceman will always have to cancel service obligations and cancel the orders of commanders (chiefs).
Vidmova sent by the military service for a medical examination to assess his suitability for military service may be recognized as administrative offenses, and by Articles 172-13 and 172-16 of the Code of Ukraine on Administrative and delinquency. These statistics are about the abuse of power and service positions in special or other people’s interests, as well as the deliberately illegal military service officers placing service obligations on them.
The VLK conducts examinations of servicemen in military medical institutions according to the territorial principle. In addition, servicemen undergo a medical examination at the place of treatment, training, business trip and vacation.
According to Clause 6.9 of Regulation No. 402, during the medical examination of military personnel, it is necessary to carry out a comprehensive assessment of the suitability of each person for military service. The military medical board takes into account various factors such as age, education, military specialization, training, experience, current physical capabilities, inclination to continue military service, recommendations of the commander and chief of the medical service, documented in the service and medical records. This assessment is intended to determine the most suitable position for a service member based on their health status.
The commander of the military unit (object) where the serviceman is stationed is responsible for granting medical leave in accordance with clause 6.15 of Regulation No. 402. The decision on this is made on the basis of the military serviceman's decision.
According to Article 188 of the Regulations on Military Service in the Armed Forces of Ukraine by Citizens of Ukraine, servicemen assigned to military units participating in hostilities, including anti-terrorist operations, have the right to sick leave or treatment after serious injury This leave is granted based on the decision of the military medical commission. The approval and granting of this leave rests with the commanders of those military units in which servicemen are temporarily stationed. In addition, the official who grants the leave is obliged to notify the commander of the military unit from which the serviceman is deployed in writing about the granting of the leave and the reason for its granting.
When a serviceman is discharged from the Armed Forces of Ukraine due to his health, he is issued a certificate of the Military Police with an indication of the decision made by the Military Police.
Upon arrival at the place of leave, servicemen are required to go through the registration procedure defined by Article 189 of Regulation No. 1153/2008. Likewise, upon discharge, servicemen must comply with the procedure for removal from military registration, defined by the Statute of the Garrison and Guard Services of the Armed Forces of Ukraine.
Clause 6.35 of Regulation No. 402 establishes that in exceptional cases, military personnel may be granted leave for health reasons for 30 calendar days. According to the decision of the VLK, the leave can be extended for the same period due to the state of health, and for appropriate medical indications - it can be extended again for another 30 calendar days. The resolution of the VLK on the extension of the leave due to health is recorded in the book of minutes of the meetings of the VLK and in the certificate of the VLK, on the basis of which the first leave was granted due to health, and is signed by the chairman, members of the commission (at least two), the secretary of the commission and sealed with a seal.
If, after the extension of the leave, due to health reasons, the serviceman cannot begin to perform official duties, then he is examined by the VLK to determine the degree of suitability for military service. ( report on the annual leave of the Armed Forces of Ukraine, report on leave of the Armed Forces of Ukraine, Leave from the Armed Forces ).
Specialists of the Legal Service "Consultant" will provide professional advice and a vacation report, such as the ZSU leave, as well as accompany its review.
