Lawyer in the case of forgery of medical documents on disability/fitness/capacity (decisions of the MSEK, LKK, VLK)

On October 22, 2024, the President of Ukraine, Volodymyr Zelensky, put into effect the decision of the NSDC on the liquidation of MSEK - medical and social commissions. What provoked such a decision? Recently, there has been an increase in the number of cases of public disclosure of illegal enrichment of MSEK representatives, as well as cases of illegal acquisition of disability by officials, tax collectors, customs officers and other categories. That is why the services of a criminal lawyer in the case of forgery of medical documents about disability/fitness/capacity are becoming more relevant today than ever.

Liability provided for forgery of medical documents

To begin with, we note that the number of cases of forgery of medical documents increased significantly in the conditions of a full-scale war. Most often, it is medical documents that relate to the establishment of disability that are forged. For example, it can be a conclusion of the VLK about complete unfitness for military service. Such a conclusion presupposes the exclusion of a person from registration.

The above actions can be qualified under Article 358 of the Criminal Code of Ukraine, that is, the use of a forged document. Another responsibility is provided for independent introduction by a person of changes to existing official documents. In addition, such actions can be qualified under Article 358 of the Criminal Code - forgery of an official document.

If there is evidence of the involvement of third parties in the forgery of medical documents, such actions may be qualified under Article 358 of the Criminal Code - falsification of a document by prior conspiracy.

We will consider in more detail the measure of punishment according to the above articles. For forgery of the conclusion of the VLK/LKK/MSEK, restriction of freedom is provided for up to 2 years (part one of Article 358 of the Criminal Code).

If a person tries to cross the state border with forged documents, such actions may be qualified under the fourth part of Article 358 of the Criminal Code. Liability - restriction of freedom for a period of up to 2 years.

Important: according to the current legislation, a person can be prosecuted for crossing the border with forged documents within 3 months from the moment of detection of the offense. The maximum term is one year from the moment of commission.

In any case, if you are accused of committing actions related to the forgery of medical documents about suitability, legal capacity or disability, it is better to enlist the support of professional lawyers - specialists of the Prykhodko and Partners law office.

Assistance of a lawyer in cases of forgery of medical documents MSEK, LKK, VLK

Our lawyers have deep knowledge in the field of current legislation regarding the legal crossing of the state border. We can consult on any issue that interests you. We also provide escort when crossing the border.

In cases where you are suspected/accused of committing illegal acts related to the forgery of medical documents, our lawyers will be able to protect your interests both at the pre-trial investigation stage and during the trial.

During consideration of cases related to the forgery of official documents (decisions of the MSEK, LKK, VLK), the court takes into account the following factors:

• Presence of direct intention.

Investigative bodies are investigating whether it is a matter of deliberate falsification of documents. The presence of intent is a key factor in the process of determining the suspect's guilt.

• The purpose of forgery.

If the main goal is to obtain material benefit, it will be considered in court as one of the aggravating circumstances.

• Scales of forgery.

At the stage of the pre-trial investigation, it is established whether the forgery concerned a single document or whether it is part of a larger criminal plan (that is, the forgery of a large number of documents at the same time).

• Consequences of illegal actions.

The degree of punishment will depend on what damage (material and moral) was caused by the forgery. This is a very important aspect in the process of determining the degree of punishment.

Our lawyers provide a full range of services related to the protection of the rights of each client

• Consultancy.

We offer consultations at any convenient time in online or offline formats.

• Detailed legal analysis of the case.

Before building an effective defense strategy, our lawyers will review all the case materials.

• Participation in investigative actions (search, arrest, interrogations, etc.).
• Preparation of procedural documents (statements, complaints, etc.).

Our lawyers work exclusively for results. You can count on quality representation and protection of your legal interests. This is evidenced by the reviews of our customers. Even in the most complex cases, our lawyers will be able to find the optimal solution. If you need highly qualified legal assistance, you have come to the right place.

Do you have any other questions? We are waiting for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services in cases of forgery of medical documents, fill out the form below.