Do You Need to Undergo a Military Medical Commission for Mobilization Exemption: An Explanation by a Lawyer

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Do You Need to Undergo a Military Medical Commission for Mobilization Exemption: An Explanation by a Lawyer

In Ukraine, general mobilization is ongoing, but some conscripts have the right to exemption and can receive a deferment from military service. At the same time, there are many questions in society regarding the necessity of undergoing a military medical commission (MMC) before receiving an exemption.

This is reported by Finway

Undergoing the MMC: Is It Mandatory Before Exemption?

According to current regulations, all conscripts must undergo a medical examination as part of the MMC. As explained by lawyer Nelya Romanenko from the law firm “Yevhen Romanenko,” conscripts who have submitted an application for a deferment from service are not sent for a medical examination to determine their fitness for service until the commission makes a relevant decision. The exception applies to those who have already been recognized as fit for limited service or temporarily unfit for military service for a period of six to twelve months according to the MMC’s conclusion. In such cases, re-examination by the MMC is only necessary after the expiration of the previous certificate.

“However, in practice, in some cases, the Territorial Center for Recruitment and Social Support (TCRSS) asks enterprises to ensure that employees have a valid MMC (not older than 1 year). This is not stipulated by any regulation, but in the course of interaction with the TCRSS, enterprises ensure that their employees undergo the MMC,” the lawyer explained.

The absence of a valid MMC conclusion is not a legal basis for refusing an exemption. However, in practice, there are situations where territorial recruitment centers (TCRCs) ask enterprises to provide confirmation of the MMC, even though this is not enshrined in legislation. Usually, this refers to a certificate issued no later than a year ago.

Mobilization Reform: What Will Change

In connection with the reform of the Armed Forces of Ukraine, changes in approaches to mobilization are expected. Defense Minister Mykhailo Fedorov announced that the reform will address issues of mobilization, processes of unauthorized departure from units, as well as regulations on service terms and payments for assault troops and infantry. Draft decisions have already been developed, but their content has not yet been disclosed.

At the same time, the head of the “Servant of the People” faction in the Verkhovna Rada, Davyd Arakhamia, reported that the development of the mobilization reform is in its final stages. Special attention is being paid to the future of approximately 2 million citizens who are evading mobilization.