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Legal assistant in the practice of military disputes, dismissal from military service, reservation employees for the period of mobilization, appealing the conclusion of the military medical commission, legal support for clients in the military commissariat

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Case: The client was excluded from military registration due to unfitness due to health reasons

Reading time: 3 min.

Client: male, lives outside of Ukraine

Request from the client: to make changes to the Unified state register of conscripts, military conscripts and reservists and the “Reserve+” application regarding exclusion from military registration due to unfitness due to health conditions

Circumstances of the case

The client, a hearing-impaired person who permanently resides abroad, contacted the company “Prikhodko&Partners”. Back in 2000, he passed a military medical commission in Uzhgorod, according to the results of which he received a conclusion “unfit with exclusion from military registration”. However, after installing the “Reserve+” application, the client discovered that he was still listed in the system as a conscript – the data did not correspond to his actual status.

The situation was complicated by the fact that the client was abroad and could not physically appear in person either at the TCC at the place of registration in Kharkiv, or at the Uzhhorod DTCC and JV, where the MMC was held at one time. The client’s parents live in Kharkiv, but did not have the authority to act on his behalf.

At the initial consultation, the company’s lawyer analyzed:

  • extract from Reserve+ and available registration data;
  • conclusion of the Military Medical Service on unfitness with exclusion from military registration;
  • passport and ITN of the client;
  • norms of the Law of Ukraine “On military duty and military service” and the Law “On the Unified state register of conscripts, military obligees and reservists”.

Since the client was unable to arrive in person and did not have a military ID or temporary military conscription card, the strategy was built on remote processing of the application without appearing at the TCC.

The client was excluded from military registration due to unfitness due to health reasons

Progress of the case

The lawyer prepared an application for amendments to the register based on the available opinion of the MMC. The client signed the document with a qualified electronic signature (QES) via Diya.Signature — remotely, while abroad.

The application was sent immediately through two channels:

  • by e-mail – to the Novobavarsky TCC and JV (at the place of registration) and to the Uzhhorod DTCC and JV (where the MMC took place)
  • by Ukrposhta – by official paper letter to both procurement centers.

There was no need for the client to appear in person, file a lawsuit, or appeal the refusal — the issue was resolved at the level of an appeal to the TCC.

Result

Through the “Reserve+” application, it was confirmed that the client was excluded from military registration. The document recorded the status “not subject to military service” with the reason – unfitness according to the conclusion of the Military Medical Service. The client completed the entire registration process – from signing the application to receiving the result – remotely, while abroad, without visiting the TCC and without court proceedings.

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