But there is a so -called controversial category - withdrawn from military accounting for health reasons. Ukrainian legislation does not give a clear answer to the question of what to do now: to re -pass the medical commission or it is enough to only update the data. Ukrainian lawyers in the field of military law speak of the conceptual difference in the concepts of "removed" and "excluded" from accounting.
Two formulations differ in results and legal grounds, comments on the focus of the lawyer of Riyako & Partners Mykola Maximov. Maximov's jurisprudence was a case where a man was expelled from the 2012 military registration was mobilized. The court found the conscription to the Armed Forces fair: under the new rules, the right to exclude. "I will say that in practice this is a difficult issue. The excluded from military accounting can be sent to re -medical commission.
The laws do not clearly prescribe their rights and responsibilities, so there is no clear understanding," - says Maximov. The lawyer says that the CCC had questions about the conscripts who were taken off in 2022, not to mention the period from 2008 to 2014. Most likely, after May 18, everyone should update the data. Such recruits will be appointed re -VLK and already the management of the Tax Code will decide whether to confirm this status.
The full -scale phase of war in Ukraine was removed from the registration of unfit for service in the army. If by 2014 people were filmed by order of the Ministry of Defense No. 402 "On approval of the Regulation on Military Medical Expertise at the Armed Forces" as unsuitable for service, then from May 18, 2024 absolutely nothing will change for them, emphasizes a member of the Parliamentary Committee on National Security, Fedor Venislavsky's defense and intelligence.
"No military-doctor commissions need to be passed, because before the announcement of martial law and mobilization a person was found unfit. If removed from the account, it means unusable," says Focus the politician. The criteria for military suitability for the removed from the account have not changed, so they have no obligations to pass the VLK.
Since May 18, due to the new law on mobilization, they need to download the "reserve+" application, register an e -cabinet, load the document or write about recognition as unfit for service, continued the People's Deputy. Law enforcement officers may have fair suspicions as the conscript was removed from military registration after the invasion of the Russian Federation. If the corruption component is found, you will have to prove your right, says Venislavsky.
If the mobilized case has not come to court, then in Ukraine there are no mechanisms to turn a person from unusable. In addition, the People's Defense No. 402 is allowed to leave Ukraine by order of the Ministry of Defense No. 402, adds the People's Deputy. A similar statement was made by a representative of the Armed Forces General Staff, Colonel Yuri Glushchenko.
The excluded from the age of 18 to 60 years does not need to update data in the CCC, but in the state registers and military ticket there should be a new mark. If not, the employees of the shopping center may have questions. There are often cases where military commissions make mutual decisions. Completely unsuitable for service in the army for health reasons with confirmed diagnoses are forced to make repeated examinations.
One of the Ukrainian district VLK, according to the military lawyer of Oleg Leontiev, found a man unsuitable for service due to the presence of HIV of the fourth degree, the most severe stage of the disease. Following the Central VLK canceled the decision and sent the conscript for re -examination. Specialists were embarrassed by the number of immune cells in the patient's blood. Leontiev emphasizes that the VLK did not provide expressive arguments about the need to review the decision.
Until the amendments from May 4, 2024, to the Order of the Ministry of Defense No. 402, all decisions of the medical commission on the unfit ordinary sergeants in wartime did not need confirmation. "Now all unsuitable is being reviewed if a person has long been removed from military accounting - they will be viewed, and if recently - approved," he says. Until 2014, the issues of departure from Ukraine may have from military registration.
Border guards will demand that men who leave the country, updated from the CCC about withdrawal from accounting, summarized Leontiev. It should be reminded that in the General Staff of the Armed Forces they said that it is not necessary to update data from the ages of 18 to 60 years of military registration for Ukrainians aged 18 to 60 years. The state registers and a military ticket must have a corresponding mark.
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