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Publication date: 12.01.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
In this article we will talk to you about the responsibility for refusal to undergo a medical examination in the military enlistment office, which is planned to be introduced under the bill 10379, which appeared on 25.12.2023 as a Christmas miracle and everyone, to put it mildly, not very happy.
- Every serviceman or someone who has received a summons to the military recruitment center requires legal counsel at the military recruitment center.
- Refusal of VLK Ukraine, what for this will be
Almost all people already know that without passing a medical commission in the military registration office You simply can not be given a summons to send, ie mobilization order.
- Therefore, many people, especially those who do not have the right to a deferment from mobilization, actively use it, refuse to pass the medical examination at the military commission, hoping to get away with a small administrative fine, and thus save themselves from mobilization.
- Let me say at once, even now it is not a 100% option.
- And there are isolated court decisions, when people tried to bring people to criminal responsibility for evading medical examination.
- But so far, at this point in time, this is more the exception than the rule.
- And in my opinion, such decisions should be appealed.
- Since at the moment the refusal of medical examination is an administrative responsibility, not a criminal one.
But this is now.
But if the changes from Bezugla on the bill 10379 are adopted, then everything may change dramatically and simply for the very refusal to undergo a medical examination in the military enlistment office will be able to immediately open a criminal case and put in jail from 3 to 5 years.
- In the draft law 10379, which is now under consideration in the Verkhovna Rada, there is a small paragraph on the addition of Article 336 of the Criminal Code of Ukraine with the words "including refusal to undergo medical examination, treatment".
- And if these changes are adopted, part 1 of article 336 of the Criminal Code of Ukraine will sound as follows: "Evasion from military service during mobilization, including refusal to undergo a medical examination, treatment, in a special period, to military service on call-up of persons from among reservists in a special period - is punishable by imprisonment for a term of 3 to 5 years.
- Note, the sanction of this article does not even provide for probation, although in practice they are still found.
- So, now the conversations from those who want to refuse medical examination in the military commission and get a deferment at once, I think will stop.
- I have already told you before that if you have a deferment from mobilization, it does not
mean that you have a deferment from the medical commission, and that you still need
to pass the medical commission, to comply with the rules of military registration,
and then to issue a deferment.
At the same time, if you have a deferment, you cannot be mobilized. - But if there is a deferment, the issue is solved. You pass a medical examination and it is formalized.
- And if it is not formalized, then you can quite legally refuse the summons to send, not to appear on it and go to court to appeal it. And if you have a deferment, the truth is on your side.
- But for those who had no deferment, refusal of medical examination was a way to get away with an administrative fine instead of criminal liability.
- And if the changes are adopted, this method will no longer be available.
How legitimate is the requirement to undergo a medical examination in TCC?
- Of course it is illegal to force a person to undergo medical examination and treatment.
- This contradicts Article 28 of the Constitution of Ukraine, according to which no person can be subjected to medical, scientific or other experiments without his free consent.
- According to Article 49 of the Constitution of Ukraine everyone has the right to health protection, medical care and medical insurance.
- But I draw your attention to the fact that this is a right, not an obligation.
At the same time, Article 43 of the Fundamentals of Legislation of Ukraine on Health Protection states that the consent of the patient informed in accordance with Article 39 of these Fundamentals is necessary for the application of methods of diagnosis, prevention and treatment.
- In other words, to put it simply, no one has the right to force a person to undergo medical examinations and treatment without his consent.
- But this is the theory.
- But the practice of mobilization is different.
- Most likely, even the courts will not agree with this position.
- And if you refuse a medical examination - now it is an administrative fine, and further, if the amendments are adopted - criminal liability.
- That's how interesting the New Year's Eve news is.
In this article I told about the responsibility for refusal to undergo a medical examination at the military enlistment office, which is planned to be introduced under the bill 10379.
Support of a lawyer at military point is the thing you need not to get escort at the military commissariat. Responsibility for failure to appear before the military commissariat can be different. You can get penalty for failure to appear at the military commissariat.
