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The Military Medical Commission determines individually temporary unsuitability ...

Mobilization of a sick man to the Armed Forces: how to get rid of service

The Military Medical Commission determines individually temporary unsuitability or limited suitability for military service. Its decision can be appealed through court or central VLK. Men may appeal the decisions of the Military Medical Commission after passing. This was reported by a lawyer of Gracers Law firm Anastasia Tsybulko in a comment "RBC-Ukraine". "The VLK has no right to recognize a suitable man who is sick with one of the types of diseases determined by Order No.

402 on approval of the Regulations on the Military Medical Expertise in the Armed Forces of Ukraine," said Anastasia Tsybulko. She noted that the VLK determines individually temporary unsuitability or limited suitability. According to the lawyer, it is not necessary to delay if the conscript does not agree with the conclusions of the VLK on his health.

Instead, the words of Tsybulko, it is necessary to prepare documents that will indicate the bias of the commission's opinion on the state of health - medical certificates, copies of documents with the history of diseases, or the conclusions of other doctors on the presence of certain diseases that may influence the service in order to prevent the execution official duties.

The conclusions of the Central Military Medical Commission can be appealed through court, while the regional VLK-in the Central VLK or in court. The resolution of the district or city level commission without court can be appealed by contacting the regional level in order to review this resolution. Commissions of the respective regions may view or abolish the findings of subordinate VLKs. Whereas the Central VLK can review commission resolutions of any level.

As a result of considering the CRC, a control or re -examination may be conducted. The decision of the VLK may also appeal in court in the order of administrative justice through filing a claim in accordance with the requirements of the Code of Administrative Judiciary of Ukraine.

"In court, a limited term of such appeal is granted: if you first apply in a pre -trial manner, then you have three months from the date of receipt of the application to consideration of the application in court," she explained. " The lawyer stressed that the person has six months from the date of the decision of the VLK to appeal the decision, if he immediately goes to court.

A sick man who was mobilized to the Armed Forces, and his health has deteriorated, has the right to dismiss from his health service, which can confirm the resolution of the VLC on unfitness with exclusion from military accounting, the lawyer explained. It is also possible to require a new medical examination if the patient is called to the Armed Forces without taking into account or without examination.

This requires: in particular, the VLK sends a conclusion to the military unit, which decides to dismiss from service for health reasons. We will remind, the head of the medical direction in the NGO "Legal Hundred" Christina Kovtsun told that the refusal to pass the military-doctor commission is considered an administrative offense for which the punishment is provided. Another call to pass the commission may also be made later.