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FOUR CATEGORIES OF SUITABLE FOR MILITARY SERVICE

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Consultant # 1106
Consultant # 1106
Lawyer
Ukraine / Rivne

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Publication date: 21.05.2024

Four categories of suitable for military service

According to the Ministry of Health's updated regulations, those deemed fit for military service will now be classified into four categories of functionality.
1. Fully serviceable.
2. Persons recognized as fit for service and may be involved in:
- military support units,
- territorial centers, staffing and social support;
- higher military educational institutions;
- educational centers.
At the same time, persons of this category are not suitable for service in the amphibious assault troops, marines, special operations forces and other similar units that require special physical training and endurance.
3. Persons suitable for service in certain specialties;
4. Persons suitable for specific tasks

Revised eligibility criteria

According to the updated criteria, individuals with certain medical conditions may be deemed fit or unfit for military service, depending on the degree of impairment.
For example, people with limb amputations, loss of an eye, or severe gunshot wounds are generally considered unfit for service because of significant limitations in bodily functions that affect their ability to perform military duties.
The requirements for the health status of persons who will be invited to the airborne assault troops, marines, ground defense forces, etc. have also been revised.

What should a former "limited fitness" do?

Ukrainians who have been recognized as having limited fitness for military service must undergo a repeat medical examination by February 4, 2025.According to the clarification of the Ministry of Health of Ukraine, this does not mean that they must independently initiate the re-examination of the military medical examination and appear independently to pass the military medical commission (MME).
Military personnel will be invited for re-commissioning through military command.
Conscripts will be invited for re-commissioning through the TCC and SP.
The updated rules provide that the re-examination procedure will be initiated by the military authorities and not by the individuals themselves.

On the new procedure for passing MMC

The process of passing a medical examination by conscripts is as follows: conscripts come for a medical examination with the results of a chest X-ray. Persons who are older than 40 years or have special medical indications should undergo an additional electrocardiographic examination.
Each conscript must be examined by specialist doctors: a surgeon, a therapist, a neurologist, a psychiatrist, an ophthalmologist and an otorhinolaryngologist, as well as other specialists for medical reasons.
Conscripts who do not have any health complaints can undergo a simplified version of the medical examination.
The entire medical examination process should not take more than 14 days.
For servicemen receiving medical treatment abroad, the procedure for remote medical examination was described.

Effective time

These changes entered into force on May 4 in accordance with the Regulation on military medical examination approved by the Ministry of Defense of Ukraine.Now, the International Classification of Diseases (ICD-10) and the Schedule of Diseases, which take into account the degree of functional impairment, are used to determine the degree of fitness for service. A new procedure for appealing the decisions of military medical commissions (MMC) was also introduced, in particular, decisions on control examinations and medical examinations must now be carried out within a month.
Under the new mobilization law, conscripts must update their information, after which a special bar code will be placed on their military tickets. However, if an individual is medically discharged and declared unfit for service, no update is required and no barcode is required on the military ID. In addition, military registration documents in electronic form will now contain a QR code, according to the Cabinet of Ministers resolution.

Professional legal assistance that can be provided by a lawyer during the implementation of the rules of military registration and mobilization

Legal service "Consultant" provides a wide range of professional legal assistance during the implementation of the rules of military registration and mobilization. Here are some of the main services:
1.    Legal advice on military legislation. The analysis of documents and the consultation of a lawyer are necessary to find out the existing rights of a person or to determine the scope of violated rights and to choose methods for their implementation or protection and restoration.
2.    Legal assistance in matters of registration and removal from military registration.
3.    Counseling regarding the passage of the military medical commission and appeal of its results.
4.    Legal protection when accused of evading mobilization or prosecution for committing other offenses related to the performance of military duty.
5.    Exemption and mitigation of liability for violations of the rules of military registration and mobilization.
6.    Preparation of applications, appeals, requests and other necessary documents to the relevant authorities. The verification of documents by a lawyer and the sending of relevant statements, requests or complaints ( complaint to the Military Commissariat ) are necessary for the realization and protection of the rights of conscripts.
7.    Support in the territorial center of staffing and social support ( legal support at the military commissariat, escort at the military commissariat, support of a lawyer at military point ).
8.Legal assistance in registering for military service, receiving deferments and exemptions from military service, receiving cash payments, issuing leave or transfer to another military unit, etc. A lawyer's legal opinion will ensure the correctness of the chosen method of exercising rights or protecting violated rights.
These services can be especially important in wartime, when the rights and legitimate interests of those who are already serving, as well as those who are only being called up for service, become especially important. Military lawyers can help ensure that the rights and interests of those involved in mobilization are exercised or properly protected, and can assist in cases where there are difficulties or conflicts with military authorities or the law.
Legal service "Consultant" provides the service "lawyer's help online".
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection by a lawyer is a guarantee of quality protection of your rights and interests.

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