Dismissal from military service on the basis of a medical advisory commission certificate

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Ternova Diana

Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.

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Dismissal from military service on the basis of a medical advisory commission certificate

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Exemption from military service for family reasons may be possible in cases where a serviceman is in a situation that requires special attention or assistance in connection with family circumstances. However, the exact conditions and possibilities of such a release may differ depending on the completion of mobilization or contract service.

In this article, we will talk about dismissal due to the need to care 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.

 

To begin with, you need to understand that there is a certain difference in these two commissions.

How does the MSEK differ from the MAC?

The Medical and Social Expert Commission (MCEC) and the Medical Advisory Commission (MAC) are collegial groups formed on the basis of health care institutions. Each commission has its own functions. For example, LCC is important for patients who require continued temporary incapacity due to a long-term illness, release from physical activity, or the need for permanent outside care. However, the Medical Advisory Commission does not make decisions on granting a person the status of a disabled person, as this function is performed by the MSEK. Patients are referred to the medical and social expert commission to determine the disability group, needs for care or rehabilitation, prosthetics or sanatorium treatment.

What is the conclusion of the Medical Advisory Commission (MAC) about the need for permanent outside care?

A medical advisory opinion (MAO) on the need for continuous care is a document that contains recommendations and conclusions of a medical advisory board regarding medical issues related to a patient to determine the need for continuous supervision and care for patients. This conclusion is the result of a collective discussion and examination by the medical commission of the patient's clinical situation. Thus, people with cognitive impairments, as well as in the case of impossibility of independent movement and self-care, can receive a conclusion of the Medical Advisory Commission on the need for constant care.

Is it possible to be dismissed from military service on the basis of a MAC certificate?

So, returning to the discharge, we see in Article 26 of the Law of Ukraine "On Military Duty and Military Service" that we have an alternative in choosing a medical opinion of the MAC or MSEK. However, there is currently a tendency for military units to refuse dismissal on the basis of the MAC Opinion, referring to Government Resolution № 413 of June 12, 2013, which regulates the issue of dismissal from military service due to family circumstances.

 

Familiarizing yourself with it, you can see such wording as:

the need for permanent third-party 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 for persons over 18 years of age or the medical advisory commission for persons under 18 years of age.

That is, as we can see, the binding is based on age, and it is noted that the conclusion of the MAC for persons over 18 years old is no longer suitable for confirming the need for constant care for release from military service.

Therefore, if you are denied a release on the basis of a certificate of the MAC - contact the military lawyers of the legal company "Prikhodko&Partners" and we will help you find an approach to solving your problem.

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