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This week, the rules for "limitedly eligible" are changing

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This week, the rules for "limitedly eligible" are changing
This week, the rules for "limitedly eligible" are changing

Already this week, on May 4, 2024, the law ensuring the rights of the military to social protection comes into force.

Among other things, it provides for the abolition of the status of “limitedly fit” for service and obliges them to undergo a second medical examination.

What will happen instead of the "limitedly fit" status?

The new law partly concerns issues of mobilization. In particular, there will no longer be a "restricted fit" status.

As stated in the transitional provisions, citizens of Ukraine who were recognized as partially fit for military service before May 4 are subject to a second medical examination within 9 months (in fact, until the end of 2024). To determine, according to the new rules, whether they are suitable or not.

Also, for this purpose, it is necessary to bring by-laws into compliance with the law. We are talking about changes to the order of the Ministry of Defense No. 402 on the military medical commission. Until it is there, doctors do not have the necessary criteria to determine the degree of suitability.

As Oksana Sukhorukova, director of the Department of Health of the Ministry of Defence, said in a recent interview with zn.ua, changes to the order began to be approved two weeks ago. According to her, the conditions are spelled out in more detail. The diseases are linked to ICD-10 (International Classification of Diseases, Tenth Revision), and criteria are described for when a person is eligible or unfit, that is, when the condition is severe, moderate or mild in a group of diseases.

The updated criteria contain several thousand diagnoses. And in each group of diseases there can be both suitable and unsuitable for service - this depends on the degree of dysfunction.

“For example, if a person had a history of an ulcer and only a scar remained, he is suitable. But if the ulcer was complicated, surgery was performed with the removal of a significant part of the stomach, then the person is unsuitable,” Sukhorukova explained.

There will actually be five statuses: unusable and four categories of usable, depending on the degree of functionality.

Eligible categories:

  • suitable (completely);
  • suitable for service in military universities, TRC, support units, institutions, organizations (but unsuitable for service in assault troops, marines, special operations forces, special forces units, etc.);
  • suitable for certain specialties (for example, candidates for entry into a military university);
  • suitable for specific tasks.

The law does not contain a direct obligation for those with limited fitness to independently arrive at the TRC to undergo a commission. But it gives the right to military registration and enlistment offices to send such persons liable for military service for a medical examination. However, it is worth noting that on May 18, a new law on mobilization comes into force, which obliges everyone to update their data in the TRC within 60 days. Accordingly, when updating credentials, they may be sent for a repeat IVC.

What will change for the military

One-time leave will be provided upon the birth of a child, provided for by the Law “On Leaves”. With the preservation of monetary allowance in full. Please note that such leave, lasting up to 14 calendar days (excluding holidays and non-working days), is granted no later than three months from the date of birth of the child.

In addition, to care for a sick child under 14 years of age, military personnel are exempt from service for a period of no more than 14 calendar days. If there is a need to care for a sick child during inpatient treatment, then military personnel are relieved of their duties while maintaining their pay for the entire duration of their stay in the hospital.

There is also a ban on discrimination against women. In particular, military personnel are obliged to prevent violations related to gender discrimination and sexual harassment. And commanders must organize and strictly personally observe the principle of ensuring equal rights and opportunities for women and men.

As for treatment abroad, the period of provision of medical services in health care institutions of other countries will be considered a continuous stay. Including travel and waiting time between planned stages of treatment, rehabilitation or prosthetics.

Based on the decision of the military medical commission on the need for long-term treatment, the total time of continuous stay abroad may exceed 4 months.

As Sukhorukova clarified, the law harmonizes the terms of payments when granting leave for treatment, regardless of where it is carried out - in Ukraine or abroad - up to 12 months (depending on the nature of the disease, injury and treatment).

“It is planned to undergo MMC to determine the need for long-term treatment - in the fourth month of treatment. The mechanism for undergoing such MMC will be described in the amendments to Order No. 402,” she added.

There is also a ban on the dissemination of certain information. For example, the military cannot disseminate in the media, the Internet and other public telecommunications networks data that allows one to determine the coordinates of military installations, military units, subunits, as well as the location of military personnel on duty. Or they allow us to identify the nature of combat missions, forces and means that are involved in their implementation.

Guarantees for military families

The new law guarantees that, out of turn, places in kindergartens are given not only to the children of military personnel and military personnel who died or went missing during service, but also to the children of reservists (during their service in the military reserve).

The amount of one-time monetary assistance in the event of the death of a serviceman during the period of martial law cannot be less than 15,000,000 hryvnia.

What else will the new law change?

The law stipulates that a one-time benefit for police officers is now established in connection with the resulting disability (occurring as a result of injury, contusion, trauma or injury) also during the period of martial law. With direct participation in measures to defend Ukraine, protect the population and interests of the country in connection with Russian military aggression. The benefit is awarded for 6 months after leaving the police.

It is also clarified that a military chaplain cannot be a person who belongs to a religious organization recognized as part of a church whose governing body is located in Russia. This means that representatives of the UOC of the Moscow Patriarchate cannot become chaplains.


Topics: TRCMilitary Medical CommissionMobilizationMMC

Date and time 01 May 2024 г., 12:48     Views Views: 2412
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