Postponement of mobilization for health reasons

During the legal regime of martial law, the issue of postponement of military service during mobilization is of particular importance. One of the most important grounds for obtaining such a postponement is the state of health of a person liable for military service. The Law of Ukraine «On Mobilization Preparation and Mobilization» provides for the possibility of postponement of mobilization for persons who have serious medical contraindications to military service (unfit) or are recognized as persons with disabilities

Grounds and peculiarities of establishing a deferral for health reasons

People can be deferred from mobilization for health reasons:

• Persons with a disability of any group;
• Persons who are recognized as temporarily unfit with subsequent passing of the Military Medical Commission in 6-12 months;
• Persons who are recognized as unfit with exclusion from the military register.

A person liable for military service must also provide a medical record and documents confirming his or her health status when undergoing the military medical examination.

In order to receive a deferment for health reasons, a person must undergo a military medical commission, which, based on the opinions of all doctors and the diseases detected, determines «temporary unfitness» or complete «unfitness».

Important! «Temporary unfitness» can be granted in case of treatment, dismissal or vacation, but with a second medical examination after the expiration of the period for granting such status.

The Commission makes a decision on fitness based on the established criteria regulated by the Regulation on Military Medical Examination in the Armed Forces of Ukraine. The decision is formalized in a relevant resolution. These criteria have a clear list of diseases.

The following diseases may be grounds for postponement

1. serious deformities of the musculoskeletal system;
2. mental disorders, including Down syndrome and schizophrenia;
3. infectious diseases such as hepatitis and HIV infection;
4. men who are in the process of rehabilitation after surgery;
5. men who have been fitted with endoprostheses after surgery, etc.

If you disagree with the conclusion of the Military Medical Commission, what should you do?

Often, the medical certifying committees of district TCC and JV do not adhere to the established norms and criteria during the medical examination of persons, which leads to unlawful conclusions about their fitness for service. Such decisions can be appealed in administrative or judicial proceedings. First, it is necessary to determine what kind of violation was committed.

If the issue concerns the medical examination procedure, appeal the decision of the Military Medical Commission in court. If an incorrect degree of fitness is established, contact a higher-level MMC. As a result, you can get the unlawful decision canceled and the decision of the Military Medical Commission reviewed.

How can we help?

Prikhodko & Partners provides professional legal assistance in matters related to deferment from mobilization and military qualification examination. Our services include:

• Consultations on the postponement of mobilization with an assessment of your situation and recommendations on the necessary actions.
• Assistance in the preparation of medical documents and appeals to the Military Medical Commission.
• Appealing against unlawful decisions of the Military Medical Commission, including analysis of documents and representation of the client's interests in the relevant authorities.

Contacting the qualified military lawyers of Prikhodko & Partners will allow you to protect your rights and ensure a fair resolution of issues related to mobilization and military service.