Фото: LIMITED FITNESS FOR MILITARY SERVICE

"Arma potentius aequum".

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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LIMITED FITNESS FOR MILITARY SERVICE

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Another important topic today is the issue of limited serviceability. It often happens that ordinary citizens are little familiar with this term, or it is completely unknown to them. So it is necessary to understand.

Yes, limited suitability for service is determined directly by the VLK. Unfortunately, during military service, many soldiers, defending our country, receive serious wounds and injuries. And so, after undergoing treatment, and later, the VLC receives a conclusion - "limited suitability". With this in mind, let's find out what this limited suitability means and what rights arise for such persons.

In short, limited fitness indicates that a person is not able to perform certain functions or serve in highly mobile landing forces, naval forces, marines, and special forces. That is, we can see that the restrictions relate to military service in a certain type of army.

Let's find out the most popular questions:

  • Can a person who is recognized as having limited fitness for military service be mobilized during martial law?

- Yes, they can.

  • Can a person who is recognized as having limited fitness for military service leave the country?

- No. This follows from Part 1 of Article 23 of the Law on Mobilization Training and Mobilization, which determines which conscripts during mobilization are not subject to military service. According to this, men aged 18 to 60, whose military registration documents from TCC and SP contain a mark or record of unfitness for service in peacetime. But due to limited fitness during martial law, it is forbidden to travel outside of Ukraine.

In addition, there are cases when the specified person has already been mobilized and is in military service. In this case, it should be understood that recognition of a person with limited fitness does not give him the right to be released. However, such a person has the right to be transferred to serve in security units (units), military commissariats, institutions, organizations, educational institutions.

But the question arises, whether a person who has been recognized as having limited fitness must be transferred from the combat zone?

In general, if you analyze the legislation, it will turn out that the law does not directly prohibit such actions, and therefore, a serviceman with limited fitness can still be sent to a unit that performs tasks either on the front line (ground zero) or close to it in the corresponding combat zone actions, but for service taking into account the state of health.

 

However, according to Clause 112 of the Regulations on military service, a serviceman has the opportunity to write a report for transfer due to his health to another part or to a certain position that corresponds to his health, attaching to the report the conclusion of the VLK, which states about limited suitability.

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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.

Contact now
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