Legislative framework for the activities of military medical commissions (MMCs) in Ukraine

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Sakharuk Anatolii

Lawyer

Ukraine / Kyiv

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Publication date: 26.06.2024

Legislative framework for the activities of military medical commissions (MMCs) in Ukraine

Introduction

Military medical commissions (MMCs) in Ukraine play a key role in determining the fitness of citizens for military service, providing medical opinions and monitoring the health of military personnel. The activities of the MECs are regulated by a number of legislative acts that provide the legal framework for their functioning.

Main legislative acts

1. The Constitution of Ukraine

•  
• Definition: The fundamental law of the state that guarantees the rights and freedoms of citizens, including the right to health care.
• Application: HLCs operate within the constitutional framework, ensuring that citizens' rights to healthcare are respected.

2. The Law of Ukraine "On Military Duty and Military Service"

•  
• Essence: This law establishes the general principles of military duty, the procedure for conscription and military service.
• Application: The MECs assess the health status of conscripts and servicemen in accordance with the standards set by this law.

3. The Law of Ukraine "On Health Care"

•  
• Essence: The law regulates relations in the healthcare sector, defines the rights and obligations of healthcare professionals and patients.
• Application: Military medical institutions must comply with the provisions of this law, providing qualified medical care to servicemen.

4. Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection"

•  
• Essence: The law establishes benefits and social guarantees for war veterans.
•  
• Application: MECs conduct medical examinations of veterans, determine the degree of disability and provide medical reports for obtaining appropriate benefits.

By-laws and regulations

1. Resolutions of the Cabinet of Ministers of Ukraine

•  
• Essence: The CMU resolutions regulate specific aspects of the activities of the MLCs, including the procedure for conducting medical examinations and issuing medical reports.
•  
• Application: The HLCs operate in accordance with the established procedures and standards set forth in the CMU resolutions.

2. Orders of the Ministry of Defense of Ukraine

•  
• Essence: The MoD orders regulate the internal rules for the functioning of the MLC, the procedure for conducting medical examinations and examinations, and the requirements for medical personnel.
• Application: The RECs perform their functions in accordance with orders, providing a systematic and organized approach to medical examinations.

3. Medical expert standards and guidelines

• Essence: Standards and guidelines define specific medical criteria and methods for assessing the health status of military personnel.
• Application: The MECs use these standards to determine fitness for military service objectively and accurately.

Procedure of the work of the CMC

1. Medical examination

• Procedure: The MEC conducts a comprehensive medical examination of citizens who are subject to conscription or are performing military service.
• Application: Use of modern methods of diagnostics and health assessment.

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The main regulations governing the work of the HLC

1. 1. Legislative acts

1.1 The Constitution of Ukraine

• Definition: A fundamental law that enshrines the rights of citizens, including the right to health care.
• Application: The activities of the HCQs must comply with constitutional norms and ensure the rights of citizens to health care.

1.2 Law of Ukraine "On Military Duty and Military Service"

• Essence: Defines the principles of military duty, the procedure for conscription and military service.
• Application: The MECs assess the health status of recruits and servicemen in accordance with the standards set by law.

1.3 Law of Ukraine "On Health Care"

• Essence: Regulates relations in the healthcare sector, defines the rights and obligations of healthcare professionals and patients.
• Application: MHCs provide qualified medical care to military personnel in accordance with the provisions of this law.

1.4 Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection"

• Essence: Establishes benefits and guarantees for war veterans.
• Application: MECs examine veterans, determine the degree of disability and provide medical reports to obtain benefits.

2. 2. By-laws

2.1 Resolutions of the Cabinet of Ministers of Ukraine

•  
• Essence: Regulates specific aspects of the activities of the MLC, including the procedure for medical examinations and issuing conclusions.
• Application: HLCs operate in accordance with the procedures and standards set forth in the CMU resolutions.

2.2 Orders of the Ministry of Defense of Ukraine

•  
• Essence: Regulates the internal rules for the functioning of the HCF, the procedure for conducting medical examinations and requirements for medical personnel.
• Application: HLCs perform their functions in accordance with MoD orders.

2.3 Medical expert standards and guidelines

•  
• Essence: Defines specific medical criteria and methods for assessing the health status of military personnel.
• Application: The MECs use these standards to objectively determine fitness for military service.

Rights and obligations of the HLC members

Rights of the members of the HLC

The right to information

• The essence: Members of the HLC have the right to access the necessary medical and other information to perform their duties.
• Application: Receiving medical records, examination results, medical histories, and other documents.

The right to professional development

• Essence: Members of the HLC are entitled to advanced training and professional development.
• Application: Participation in seminars, trainings, and advanced training courses.

The right to protection of professional rights

• The essence: Members of the HQC have the right to protect their professional rights and dignity.
• Application: Appealing against unlawful actions, obtaining advice on legal issues.

Responsibilities of the HLC members

Compliance with the law

• The essence: Members of the HLC are obliged to act in accordance with the current legislation of Ukraine.
• Application: Performing duties within the framework of laws and regulations.