Mobilization of limitedly fit

The new law on mobilization, which has already been signed by the President and comes into force on May 4, greatly changes the state policy on mobilization issues. This will be especially felt by those who have been recognized as having limited fitness. Now the rights of these categories of people are significantly narrowed, and human rights activists are raising the alarm about the lack of an intermediate status between those who are fit and unfit for military service.

What does this mean in practice?

Indeed, according to the provisions of the new "mobilization" law, those liable for military service who were previously recognized as partially fit will become fit or unfit. In practice, this creates a number of dangers and threats, when a person with objective complex health problems will be at risk of being called up for military service where it will not only be useless, but will worsen their health condition even further. In simplified and accessible terms, a person liable for military service who was previously supposed to join a support unit will be able to join an assault unit.

In view of this, legal support in matters of mobilization, military service and exemption from such service is of utmost importance. If you are looking for specialists who specialize in military law and can help, the team of Prikhodko & Partners Law Firm has such experts.

What are the new responsibilities?

Citizens recognized as partially fit must undergo a second military medical examination within 9 months. On April 10, the Parliament voted in the first reading for draft law No. 10379, which provides for increased legal liability for violation of military registration rules. Thus, failure to appear at the military registration and enlistment office in peacetime will result in a fine of UAH 3400-5100, and during martial law or for repeated violations - UAH 17000-22500.

Were people with limited fitness mobilized before?

Before the legislation on mobilization became more stringent, citizens with limited fitness were also mobilized. However, in addition to the conclusion, which recorded the state of health, another document was attached - a recommendation on what a person liable for military service can do and in which troops it is not desirable for him to serve. Although there is no detailed legal mechanism for this, in practice it worked quite smoothly. Those with limited fitness were assigned to support units, not assault brigades.

What will happen now to those partially fit who are recognized as fit is anyone's guess. It can be assumed that everything in the army will largely depend on the human factor, but the commander is not a doctor to understand what can and cannot be done for a person with specific chronic diseases.

What are other problems with the legislation?

In addition to all of the above, it is worth noting that the Order of the Ministry of Defense № 402 of August 14, 2008, which contains a list of diseases that make people fit, restrictedly fit or unfit for military service, is still in effect. As of today, this legal act remains unchanged. Therefore, it remains an open question whether officials will adopt a more up-to-date document or whether local authorities will be guided solely by a subjective assessment of the state of a person liable for military service.

Support in the TCC

As the objective reality shows, representatives of the MEC often consider a person liable for military service with numerous diseases to be healthier than he or she actually is. Therefore, it is a great risk to get to the front with an objectively unfit state of health. In view of this, legal support to the MCC will be a constructive solution that will help protect against such abuses. The specialists of the Prikhodko & Partners Law Firm are ready to provide quality assistance in these matters.

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