WHAT TO DO IF A PERSON WITH DISEASE WAS MOBILIZED?

Since the beginning of the full-scale invasion of Russia on the territory of Ukraine, every Ukrainian felt and understood the meaning of the norm enshrined in Article 17 of the Constitution of Ukraine - the protection of the sovereignty and territorial integrity of Ukraine is the business of the entire Ukrainian people. And although the Ukrainian military shows incredible heroism and achieves great success on the battlefield, unfortunately they suffer losses and mobilization measures continue in the future.

In the period of difficult times for the state and every Ukrainian, it is important to remember that Ukraine is a state governed by the rule of law and all procedures must be carried out in accordance with the law, and all rights and freedoms enshrined in the Constitution and laws of Ukraine must be guaranteed and respected. In practice, unfortunately, this is not always the case. In particular, recently, lawyers are increasingly approached with questions related to the mobilization of persons who are unfit or only partially fit for military service due to their health.

That is why it is important to understand what needs to be done when a person with diseases incompatible with service is mobilized and how to avoid such a situation in advance.

First of all, in the case of receiving a summons by a person who has a reason for exemption from mobilization due to health problems, one should write a statement, attaching relevant documents, certificates confirming the presence of a disease and send it to the conscription commission with a request to attach such documents to a personal matter. It is this action that can in the future protect against problems associated with improperly passing a medical examination and making a decision of the MMC that does not correspond to the actual state of health and recognizes the person as fit.

Here it is worth noting that not all diseases that were exempted from mobilization in peacetime are grounds for exemption during martial law. In order to make sure that the existing illness is a reason for unfitness for service, it is necessary to familiarize yourself with Appendix 1 and Appendix 2 of the Regulation on military medical examination in the Armed Forces of Ukraine, approved by order of the Minister of Defense of Ukraine № 402 dated 14.08.2008.

However, what to do if the MMC decision is already on hand, but does not reflect the real state of health, does not indicate what the health disorders are, and does not contain anything about the existing disease?

Such a decision can and should be appealed. Currently, there are two appeal procedures:

• pre-trial;
• judicial.

Yes, the decision of the MMCcan be appealed to the higher-level MMCor TsMMC(Central Military Medical Commission) or immediately to court.

In the first case, a person must submit an application to the MMC (higher level) or Central Committee for the revision of the decision of the MMC, which the person is appealing, and add to the application all available documents issued by the MMC, whose decision is being revised, indicating the reasons for initiating the revision.

An appeal in court is carried out in the order of administrative proceedings. It is necessary to file a claim with the district administrative court either at the place of residence or at the location of the MMC.

Please note that it is not necessary to use the pre-trial appeal procedure in order to go to court. However, we advise you to use all possible legal means of appeal in order to achieve a successful result and to contact a professional lawyer for the correct preparation of documents.