CAN THOSE WITH LIMITED FITNESS FOR MILITARY SERVICE BE MOBILIZED?

A military card is a document that indicates a person’s fitness or unfitness for service according to the conclusions of the military medical commission.

WHAT IS LIMITED FITNESS FOR MILITARY SERVICE?

Fitness for military service during martial law is determined by the Military Medical Commission (MMC) after passing a medical examination.

The resolution of the VLK of the military commissariats is issued as a certificate and is valid for six months from the date of the medical examination.

In practice, there are numerous cases of wording of the resolution of the military medical commission on fitness for military service with the indication: unfit for military service in peacetime, limited fit in wartime.

However, recognition of a conscript as limited fit for military service based on the results of a medical examination (“white” military card) does not mean that he cannot undergo military service or is deferred from mobilization, but only indicates that some types of service and work it is contraindicated. That is, the particularities of the conscript’s state of health must be taken into account during the draft.

WHERE CAN THE DISABLED BE DRAFTED?

Thus, at the same time as the resolution of the VLK, taking into account the military specialty, position held, age, state of health, work actually performed, adaptation to it, the resolution in an arbitrary form indicates which types of service and work are contraindicated for the person who underwent the examination .

Persons recognized as having limited fitness for military service are unfit for service in highly mobile landing forces, naval forces, marines, and special forces.

Консультація юриста

However, without any problems, servicemen recognized as limited fit for military service are suitable for service in support units (units), military commissariats, institutions, organizations, educational institutions, or can even perform front-line tasks if their health allows.

GROUNDS FOR RECOGNIZING A SERVICEMAN AS LIMITED FIT FOR SERVICE

When making a decision on fitness for military service, the VLK is guided by Appendix 1 to Regulation No. 402 (Schedules of diseases, conditions and physical disabilities that determine the degree of fitness for military service), Appendix 2 (Explanations on the application of articles of the Schedule of Diseases) and Appendix 3 (Table additional health requirements).

It is clear that the list of diseases/health conditions that make it possible to be unfit for military service in peacetime is much wider than in wartime.

Please note that if the resolution of the Military Intelligence Service does not contain a clear indication of which service and work a serviceman is unfit for, but only provides an indication of limited suitability , it is advisable to file a complaint with the Ministry of Defense of Ukraine or the Central Military Intelligence Service of the Armed Forces of Ukraine, as they are entrusted with the duty of control and conducting of military medical examination in the Armed Forces and consideration of complaints on issues of military medical examination. Our lawyers will be able to help you draw it up correctly.

Therefore, the VLK, when adopting a resolution, must clearly indicate in it the types of service and work that are contraindicated for a specific serviceman, so that it is clear what limited suitability is.

TRAVEL ABROAD IS LIMITED TO THOSE FIT FOR MILITARY SERVICE

An equally important question is whether those with limited fitness for military service can travel abroad during wartime.

Thus, male citizens of Ukraine aged 18 to 60, who have military registration documents from the TCC and SP with a mark/record  “unfit for military service in peacetime, limited fit in wartime”  –  do not have the right to leave Ukraine , as this category of persons is not provided for in Part 1 of Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”.

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