CONTINUOUS CARE OF A PERSON WHO NEEDS IT AS A GROUND FOR EXEMPTION FROM MILITARY SERVICE

To date, there are quite a lot of appeals from military personnel regarding dismissal on the basis of continuous personal care.

Permanent outside care is care provided to persons with a very severe disability caused by an occupational disease, mutilation or accident resulting in a significant limitation of life activities, who are in extreme need of constant outside care, assistance or supervision by a third party and are incapable of maintenance himself.

In accordance with subparagraph "g" of clause 2, part 4, article 26 of the "Law on Military Duty and Military Service, a military serviceman" may resign:

• in connection with the need to provide constant care for a sick wife (husband), child, as well as one's parents or the wife (husband), which is confirmed by the relevant medical opinion of the medical and social expert commission or the medical and advisory commission of the health care institution;
• in connection with the need to provide constant care for a person with a disability of the I group;
• in connection with the need to provide constant care for a person with a disability of the II group or for a person who, according to the opinion of the medical and social expert commission or the medical and advisory commission of a health care institution, needs constant care, in the absence of other persons who can provide such care.

Based on the above norms, to confirm the need for constant care, you need to get the opinion of the medical and social expert commission or the medical and advisory commission of the health care institution. In practice, the MSEK certificate provides for certain social guarantees for the person who will care, because of this, obtaining this certificate is somewhat more difficult than the certificate of the medical and advisory commission.

In general, the regulatory legal acts define certain criteria for third-party care and indicate the grounds for providing an opinion of the LCC of a health care institution, the main reason of which is the permanent (for at least a month) presence of one of the listed types of life limitation in a person with a disability.

In order to undergo a medical and social examination, it is necessary to: apply to a medical and preventive health care institution, where the treating doctor will conduct a comprehensive examination and treatment, and draw up a conclusion based on this.

Formalizing permanent care for a person has a clearly defined procedure, but it is somewhat different depending on the category of people for whom permanent care is planned.

As a general rule, a person who plans to arrange care submits a standard package of documents, including medical documents and certificates, to the relevant authorized social security body.

In general, in order to be discharged, a military serviceman must submit a report and provide relevant supporting documents. Also, it is necessary to remember that the report must be registered in part or be signed by the person who accepted it and the date of acceptance of the document.

Unfortunately, in practice, if we are talking about, for example, the constant care of a grandparent or brother/sister, the commanders of the military unit often refuse to sign the report, arguing that it is possible to be released only on the basis of constant care for the parents, but this is not the case in in the event of such a situation, a military lawyer will help you resolve this issue.