Lutsenko Paradox: Because of which are ordinary military with disabilities to leave the Armed Forces
He was removed from military registration due to disability. Now he is going to "bring a victory as a volunteer. " "Kyiv, Mykolaiv region, Bakhmut. Honor was to serve in such an army, with such people, at such a time. But physiology is inexorable - the military medical commission (VLK) established a disability that led to the order for withdrawal from military accounting," he wrote. Lutsenko's announcement of release from the army caused a scandal on the social network.
Many drew attention to the nature of the Lutsenko service, asked how and as a result he received a disability. Lutsenko did not show any certificates, but advised the haiters to protect the liver. The ex-head of the Ministry of Internal Affairs shared plans in the near future-it will give oncottes that he did not make two years. "I went not to fight for them [haiters], their estimation is the least interested in those who do it for money, I can recommend to protect the liver . . .
I am sure that some of these haiters are custom troll factories that received the Fas command" Fas "And they work it for money . . . The only thing I fear is the transfer of Hate to the Armed Forces. After all, the Armed Forces go to victory only because all there are the only ones, there is a fraternity, which is not interesting who voted for whom, from where and what kind He communicates in the language, "Lutsenko commented.
In Ukraine, disability is established by medical and social expert commissions (MSEC). A military hospital, a military unit or military enlistment offices are given to the MSEC. If the serviceman is a volunteer, it is necessary to understand whether he has a contract with a volunteer battalion, whether he got to the Armed Forces by order of general mobilization. If the VLK recognized Yuriy Lutsenko unsuitable with the exception of military accounting, it was absolutely legitimate.
It is the direct rule of Article 26 of the Law of Ukraine "On Military Duty and Military Service". This practice is among ordinary soldiers and officers of the Armed Forces, the head of the lawyer "Panfilov and partners" Daria Panfilov explained the focus. "If he is really ill with a critical disease that deprives him of his or her military duties, the VLK recognizes him unfit with the exclusion from military accounting," the lawyer said.
But not always the presence of disability becomes the basis for exclusion from military accounting. This problem was faced by those who went to the front in the first days of a full -scale invasion. Despite the injuries that caused disability, they are recognized as limited to military service and they cannot exercise the right to dismiss. "Bill No. 8412 on the possibility of releasing people with disabilities from the army still lies in the Verkhovna Rada without proper attention.
This is a systemic problem. People with disabilities cannot be released from military service if they are recognized by the decision of the VLK limited. Hence the paradox - they continue In military service, despite disabilities and health problems, ”Panfilova comments. Restricted military service is transferred to other positions not related to combat.
For the most part, they serve in the CCC (military enlistment offices), other military units and occupied paper work or responsibilities that do not involve participation in hostilities. "By law, disability is not a reason for dismissal from military service. They are released only in case of recognition of unfitness for military service and further exclusion (withdrawal) from military accounting," Panfilova says.
Lawyer Oleg Leontiev adds that under Article 23 of the Law of Ukraine "On Mobilization Training and Mobilization", they are not subject to conscription or are entitled to a person with a person from 1. 2 and 3rd disability group. And in Article 26 of the Law of Ukraine "On Military Duty and Military Service" to release the presence of disability in a person is not grounds. "There is no such" oncology in the laws - you are released into the stock. "You need to confirm the damage to the body.
Of course, there is a disease that automatically means withdrawal from military accounting. In particular, it is multiple sclerosis," he said. But there are also flashy cases, the rendering of paradoxical decisions of the VVC. Leontiev gives an example that the military did not have four fingers on his right hand, but orthopedists found him completely healthy and suitable for service and wrote in the conclusion: "The functions of the brush were not broken.
" "If there was already a group of disability during the military service in Lutsenko, he could not serve. There is a moment of violation of social justice. There is no fullness of the picture, because we do not know what he was released. A certificate of the VLK, which listed the article, which was released to remove the negative. But given that it contains his personal medical data - he has the right not to do it, " - summed up the lawyer.
The People's Deputy from the "servant of the people" Mariana Bezugla drew attention to gaps in legislation for volunteers who have chronic diseases and do not report them when they go to the front. "Receive ammunition, cash, study. And when sent to the front, they refuse to fight, become" refusals "for health reasons. The state is obliged to send them to the VVK.
" Decide "from the VLK, released from the Armed Forces, and then as as War invalids with payments during dismissal and subsequent monetary detention, ”she said. Exceptions, she said, are those who voluntarily went to the front in the first months of a full -scale invasion of Russia. According to Bezubless, it is necessary to carry out normal medical examinations at the entrance, not after mobilization. "We should not mobilize a person who simply will not be able to fight.
There should be a more sophisticated mechanism for determining disability. The mechanism of dismissal [from the Armed Forces] may be facilitated for persons with confirmed disability of 1-2 groups without conclusions. But here the risks of abuse when without conclusion VLK will be disabled on the side, "the politician summed up. We will remind, journalists recently found out how the president of "Kyivmiskbud" Igor Kushnir went abroad, having made a certificate of disability.