Deferment from conscription: is the person liable for military service after the operation entitled to it

26 January 2023, 13:57 | Ukraine
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Martial law has been declared in Ukraine and general mobilization is in effect, during which all men of military age receive subpoenas.

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Lawyers Irina and Vladislav Leonov explained whether a man who was operated on can receive a deferment from conscription.

They stressed that the legislation on mobilization does not contain a direct rule giving the right to a delay in connection with the operation. But at the same time, it exempts from conscription those temporarily unfit for military service..

According to Article 23 of the Law of Ukraine "

The degree of fitness for military service, the list of diseases, health disorders and the issue of conducting a military medical examination of military personnel are regulated by the Regulations on military medical examination in the Armed Forces of Ukraine, approved by order of the Ministry of Defense of Ukraine dated 14. 08. 2008 No. 402.

After a medical examination of a person liable for military service, the following resolutions are adopted:.

fit for military service;

limited fit for military service;

temporarily unfit for military service;

unfit for military service with exclusion from military registration.

That is, if a man, after a medical examination, is declared temporarily unfit for military service according to the conclusion of the VVK, then he will have the right to deferment from conscription during mobilization. To determine the degree of suitability, the VVC will take into account the period elapsed after surgery and the recommendations of doctors about the need for rehabilitation after surgery.



In wartime and during mobilization for a special period, a deferment from conscription for health reasons is granted to a person liable for military service for up to two months. Extended for up to two months for medical reasons. The third extension is granted for the same period. The maximum period for which such a delay can be given is up to 6 months.. After the end of the deferment, the persons liable for military service are examined to decide on the issue of fitness for military service.. It will be necessary to re-pass the military medical commission.

Recall what limited fitness is and where limited fit persons can serve.




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