Resolution: limited fitness for military service

Today, in accordance with the Order of the Ministry of Defense of Ukraine № 283 of February 2, 2025, the concept of "limited fitness for military service" has been excluded from the military medical examination. This means that all those persons who were previously recognized as limitedly fit are subject to re-examination by the military medical commission (MMC) in order to determine the degree of fitness in accordance with the updated standards. Such re-examination is also called a re-commission. If you are interested in legal support for this process or professional advice from a specialist in military law, a good option would be to contact the lawyers of the "Prikhodko & Partners" Law Firm. We specialize in such issues and know how to really help you effectively.

New fitness categories to replace “limited fitness”

After re-commissioning, persons who previously had this status may receive one of the new statuses, for example:

1. fit for service in military support units;
2. fit for service in TCC and JV (territorial recruitment and social support centers);
3. fit for service in military educational institutions, centers, medical institutions;
4. fit for service in communications, logistics, security, and operational support units.

We are talking specifically about rear positions. Thus, a conscript who previously had the status of limited fitness cannot be sent to serve in a combat unit.

What happens after passing the re-commission?

When a person undergoes a re-examination, a new fitness category is established based on the results of the examination. If the status of fit for rear structures is established, this means that the conscript can be mobilized, but only in the support part, and not in combat units.

Some conscripts, fearing contacts with the TCC, decide not to undergo a re-examination. However, they can still receive a summons to the MMC through the TCC or be included in the lists in violation of the rules of military registration.

By the way, the liability for violation of the registration rules (including refusal to undergo a repeated MMC) is quite significant. A fine of 17 to 25.5 thousand hryvnia is envisaged. At the same time, paying the fine does not exempt you from the need to undergo a repeated MMC if you were previously assigned the status of "limited fitness".

What is the role of a lawyer in passing a repeat MMC?

A lawyer can be extremely helpful in the following categories of services:

• Consultation on passing the MMC. At this stage, the specialist analyzes medical documents, determines risks and prospects, prepares applications, explanations and appeals to the members of the MMC.
• Accompanying the client during the re-commission. As practice shows, MMC officials often exceed their authority, can exert psychological pressure or pay insufficient attention to documenting all diagnoses that a conscript has. In this context, the specialist records possible violations by doctors and ensures legal recording of the commission's progress. If such violations actually occurred, then their proper recording makes it possible to prepare an evidence base for appeal and further protection of the client's rights.
• Protection against underestimation of diagnoses. A lawyer can record cases where doctors deliberately do not take into account serious illnesses or reclassify a diagnosis as milder. Namely, this factor determines where a conscript will end up serving. For example, it is often the correct recording of serious chronic illnesses at the MMC that gives a person the opportunity to serve in a rear unit or support unit.
• Preparation of documents for submission to the Central MMC or the court if the MMC has made an illegal or medically unfounded decision. Often, it is an effective appeal that becomes the reason for ultimately properly recording the real diagnoses of a person undergoing MMC.

Thus, the assistance of a lawyer can be useful at different stages – from preparation for the MMC to appealing the actions and decisions of her doctors if violations occurred during the process.

How can a lawyer protect the rights of a person liable for military service?

The step-by-step procedure is as follows:

1. Initially, the lawyer conducts a preliminary legal analysis of medical documents.
2. Then he prepares applications and written explanations for submission to the MMC.
3. The next stage is accompanying to the MMC or re-commission.
4. In case of violation, the specialist appeals the MMC conclusion to the Central MMC, the Ministry of Defense or the court (in this situation, an appeal occurs in the order of administrative proceedings).
5. If necessary, the lawyer submits attorney requests to hospitals regarding the provision of additional medical information.
6. In the event that the client is forcibly sent to combat units contrary to his status, the lawyer is engaged in his defense, appealing such a decision.

To order the services of a professional military lawyer, fill out the feedback form on our website. After that, a specialist of the relevant specialization will call you.