Military Medical Commission - MMC. The order of inspection in the military registration and enlistment office. Order No. 402, list of diseases exempting from military service
- Tasks and functions of MMC?
- The order and procedure for the inspection of the MMC
- Disease schedule. "Articles of unsuitability" for military service in Ukraine
- Appeal against the results of the military medical commission
Having received the summons, the person liable for military service must come on it at the appointed time to the military registration and enlistment office. And if he does not have deferrals, exemptions or reservations, which we detailed earlier in our article «Deferment from mobilization, exemption from mobilization. Booking: grounds and procedure» then he will be offered to undergo a military medical examination, in a simple medical examination. Such a medical examination in the military registration and enlistment office is carried out by a special military medical commission (MMC). It is staffed by doctors in the specialties: therapy, surgery, neurology, psychiatry, otorhinolaryngology, ophthalmology, dentistry and, if necessary, others. And if you know that you have the right to a deferment or release due to illness, then you need to prepare for such a visit in advance by collecting all possible certificates. It is better to document the diagnosis in a public or private clinic the day before undergoing an IVC. Do not think that someone will delve deeply into your medical history from infancy. And it is quite possible that nature and terrible diseases have done everything for you, and you just have to bring fresh information.
Order No. 402 of the Ministry of Defense of Ukraine «On Approval of the Regulations on Military Medical Examination in the Armed Forces of Ukraine» establishes the activities of such commissions, articles of disease suitability / unfitness for military service, appeals against decisions and other legal nuances. If you look at Order No. 402 for the first time, then most likely at first you will have even more misunderstanding than answers to the questions that you had. The purpose of our article is to preliminarily explain and explain, so that it is more understandable for a person without a legal education, what is MMC, the principles of its work, what diseases are the reason for recognition as suitable or unsuitable, and how to appeal the results.
Tasks and functions of MMC?
The main task of the military medical commission is to determine the suitability or unsuitability for military service of those liable for military service in peacetime and wartime for health reasons.
Another of the tasks of the MMC is the selection for compliance with certain criteria of certain types of troops in terms of height, weight, vision for military service (recall that conscription is not carried out in wartime). Yes, imagine if your height is above 180 cm, you would not have been hired as a tanker for military service. You still need to fit in the tank. And if you weighed less than 58 kg, then you are not destined to become a paratrooper, apparently for reasons - so that the wind does not blow you far.
The MMC conducts a medical examination not only of conscripts for military service, those liable for military service or candidates for training in military educational institutions, but also of former military personnel after treatment to determine the causal relationship of diseases, injuries, contusions, injuries, mutilations, to establish causal relationships of injuries leading to death.
Based on the results of its work, the MMC makes decisions in the form of: certificates of illness, certificates of the MMC, minutes of the meeting, resolutions. All these documents are mandatory.
Also, MMCs can send to military medical institutions for a control examination and examination of military personnel, members of their families (except for family members of military personnel in urgent military service), persons liable for military service, reservists, request additional data from military, civilian medical institutions, military units, military commissariats and universities for analysis, generalization and evaluation of the results of military medical expertise.
The order and procedure for the inspection of the MMC
How do you know if you are eligible or not? To do this, it is necessary to carefully study Order No. 402 again, which contains an extensive list of diseases, explanations on the application of articles and additional requirements depending on the type of troops, studies, and category of military service.
All MMC resolutions on suitability are made on the basis of and taking into account:
1. Schedules of diseases, conditions and physical disabilities. Appendix 1 of Order No. 402.
In this table, there are columns (I, II, II) and 86 articles of diseases, or as they are popularly called - articles of unsuitability.
Column I. Who applies: Citizens at the time of registration to recruiting stations and conscription for urgent military service, admission to military educational institutions (except for flight personnel), military personnel for urgent military service.
Column II. Who applies: Citizens, military personnel who are accepted, called up and undergo military service of privates, sergeants and senior officers, warrant officers (warrant officers).
Columnt III. Who applies: Citizens, officers who are accepted, called up and serving in military service officers, reserve officers who are called up and do military service on the call of officers.
2. Explanations on the application of the articles of the Schedule of Diseases. Appendix 2 of Order No. 402.
3. Table of additional health requirements. Appendix 3. Order No. 402 (requirements for a certain type of troops, requirements for a military specialty)
In paragraph 1.4 of Section II of Order No. 402, a table is given in which everyone can find their category of military service. In connection with a special period for many, these are persons liable for military service who are called up and undergo military training (testing) and special gatherings of privates and officers; are called up and do military service on conscription during mobilization, in a special period. The far right column indicates which columns of the schedule and tables of additional requirements in his particular case will undergo a medical examination (in our case, these are columns of the disease schedule II, III (for officers), TAR (tables of additional requirements) "B", "C ", "G").
In these columns and tables of additional requirements, you can see what criteria will be applied to his state of health and physical parameters.
For example, the same person may be suitable for military service, but is no longer suitable for admission to a higher military educational institution or special forces, because the requirements are more severe. Someone may be unsuitable in peacetime, but suitable in military, etc. Everything, as you can see, is very individual!
Chapters 3-20 of Section II of Order No. 402 describe in detail the procedure for examining all categories of those liable for military service in peacetime, during mobilization, and the decisions of the MMC that may be adopted by it.
Clause 3.3, Chapter 3 of Section II, states that even those persons liable for military service who are recognized as unfit for military service are re-examined by the VLK of military commissariats at the place of residence after a mandatory examination in specialized medical and preventive institutions.
Before the medical examination in the military registration and enlistment office, a person liable for military service undergoes a fluorographic examination, blood test, determination of the blood group, ECG, urinalysis and other examinations. The military registration and enlistment office receives data from psycho-neurological, anti-tuberculosis, skin and venereal dispensaries, narcological institutions for all citizens undergoing examination.
Based on the results of a medical examination, the MMC during mobilization can make one of the "sentences" against a citizen:
- fit for military service;
- temporarily unfit for military service (indicating the date of re-examination);
- unfit for military service with an exception from military registration.
If a citizen is temporarily unfit for health reasons, then in a special period he is given a delay of up to 2 months with the possibility of continuing for medical reasons. Those unfit for service in peacetime may be considered quite fit in times of war.
Disease schedule. "Articles of unsuitability" for military service in Ukraine
Here we come to what is of general interest. Diseases with which they do not take into the army at all. It should be noted that the presence of some diseases may only lead to the need for temporary treatment and the provision of a delay or an individual determination of IHC suitability / unsuitability in each specific case.
As we have already mentioned a lot of them, below we will highlight the main groups with a list of those with which a person liable for military service is recognized as unfit for military service.
Certain infectious and parasitic diseases (A00-B99), their consequences
- active pulmonary tuberculosis, with / without isolation of mycobacteria, tuberculosis of other organs, severe forms of viral hepatitis, difficult to treat. HIV, accompanied by infectious, parasitic diseases, malignant tumors, etc.
Neoplasms (С00-D48), their consequences
Primary (secondary) neoplasms in the presence of distant metastases and the impossibility of radical surgical treatment and other cancers. Benign tumors with significant impairment of body functions.
Diseases of the blood and hematopoietic organs and certain disorders involving the immune mechanism (D50-D89), their consequences
Blood diseases rapidly progressing with significant dysfunctions, blood clotting disorders, anemia, etc.
Diseases of the endocrine system, eating disorders and metabolic disorders (E00-E90), their consequences
Thyroid disease, diabetes mellitus with significant dysfunction, obesity, etc.
Mental and behavioral disorders (F00-F99), their consequences
Pronounced persistent mental disorders, schizophrenia, phobias, people with drug or alcohol addiction with persistent mental disorders, etc.
Diseases of the nervous system (G00-G99), their consequences
Meningitis, encephalitis, epilepsy, sciatica, lumbago, etc. with significant impairment of body functions.
Diseases of the circulatory system (I00-I99), their consequences
Heart disease, accompanied by heart failure II-b, III stages and significant dysfunction, hypertension stage III.
Diseases of the eye and adnexa (H00-H59), their consequences
Diseases of the eye, iris, cornea, lens, optic nerve, detachment or rupture of the retina, glaucoma, pronounced with a progressive decrease in visual functions, myopia or hyperopia of any eye in one of the meridians of more than 12.0 diopters, blindness, etc.
Diseases of the ear and mammillary process (H60-H99), their consequences
Persistent complete deafness in both ears or deaf-mutism.
Diseases of the respiratory organs (J00 - J99), their consequences
Chronic bronchitis, chronic obstructive pulmonary disease, emphysema with significant respiratory dysfunction, severe bronchial asthma.
Diseases of the digestive system (K00-K93), their consequences
Hernias, esophagitis, gastritis, gastroduodenitis, gastroesophageal reflux, gastric and duodenal ulcers, diseases of the liver, gallbladder, pancreas with significant dysfunction.
We also mention gout, osteoporosis, flat feet, absence of limbs, scoliosis, osteochondrosis, pyelonephritis, renal failure, urolithiasis, adenoma, congenital severe diseases, head, neck, spine injuries, polytrauma, rib fractures.
And finally, in our opinion, they are quite exotic: lightning strikes, alcohol or food poisoning, toxic effects from animal and insect bites! But do not forget all the above diseases and injuries exempt from military service only with a significant violation of the body's funktion.
Supplement 2 to Order No. 402 provides a detailed explanation of paragraphs A, B, C, D of the articles of the disease schedule table, within the framework of what was meant by the meaning of “significant violation of the fungal organism”, the stages of the course, their severity, and test indicators.
Appeal against the results of the military medical commission
But, what if, upon completion of the medical examination at the military registration and enlistment office, the doctors did not take into account your complaints or certificates? And you, in turn, do not agree with such decisions and are sure that you have the right to a deferment or release from service? Go to the army? No, it's too early to get upset! Everything will be according to the law. You do not need to follow the lead of the military registration and enlistment office employees and fulfill their illegal demands. And in no case unconditionally sign the documents and agendas provided to you.
To begin with, let's say that one of the functions of the MMC is not only a medical examination, but also the consideration of applications and complaints. This should not be forgotten. Therefore, suddenly your verbal and written arguments in the form of certificates are ignored, then such decisions can be appealed to the higher IHC of the region, the central IHC. According to paragraphs 2.3.3 and 2.3.4 of Section I of Order No. 402, their competence is to consider applications, proposals, complaints and receive visitors on issues of military medical expertise. They have the right to consider, revise, cancel, approve, not approve, control the decisions of the Armed Forces of Ukraine, which is subordinate to the VLK (Medical Flight Commission).
To appeal, you must write a reasoned statement of disagreement with the conclusions of the military medical commission, attach the certificates you have, analyzes, conclusions issued by medical institutions earlier, with which you do not agree with the decision of the IHC. These copies of documents certified by you, together with the application, must be sent by mail and necessarily with a description of the attachment of the letter. Do not forget to keep the second copy of the inventory with the stamp of the postal operator and the receipt. They may be useful to you in the future as proof of receipt of your application by the relevant commission. The term for consideration of your application will be no more than one month from the date of its receipt - Art. 20 of the Law of Ukraine "On the appeal of citizens". In itself, the appeal does not give any delays, therefore, a mobilization order for service may well be issued to a person liable for military service.
And, of course, if it was not possible to achieve the desired result in a pre-trial dispute with “military doctors”, you can appeal everything in court. This method can be selected immediately. And to help you both in the first (appeal to the MMC) and the second case (appeal in court), as well as in obtaining detailed advice, taking into account your case, lawyers and lawyers of the Alibi Law Company will be able to help!
Remember, if you are healthy and have no serious diagnoses, there is no need to pretend and invent. The deception is sure to come out. Protecting the state and its territorial integrity is the constitutional duty of a citizen.
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