«Unfit» for health reasons will no longer be excluded from military registration and will remain in the register – order of the Ministry of Defense

The Ministry of Defense of Ukraine issued Order No. 686 amending the Regulations on Military Medical Examination in the Armed Forces.

The order abolishes the provision on exclusion from military registration of persons liable for military service who are found unfit for military service by a military medical examination. Similarly, servicemen declared unfit by the military qualification commission will not be excluded from the register. Clause 22.1 and clause 22.5 of the Regulation remove the provisions on exclusion from military registration.

Thus, taking into account these changes, the Table of Disease Disorders and Diagnoses now divides the relevant articles into sub-items corresponding to the new categories of fitness:

• Fit for service — fully ready to serve in the army.
• Fit to serve in the TCC and JV or rear units — means that a person can perform duties, but with restrictions that allow them to work in the rear.
• Temporarily unfit with re-examination — a person is given the opportunity to be re-examined after a set period of time to determine their further fitness.
• Unfit for service — in this case, a person remains liable for military service, but is no longer excluded from the register of persons liable for military service.

Thus, previously, the category «unfit with exclusion from military registration» allowed persons liable for military service with serious diagnoses to be completely excluded from the register. Now, a person, even with significant health problems, who is recognized as unfit for military service, still remains liable for military service. In this case, the citizen remains in the relevant register. Thus, the possibility of complete exemption from military registration is excluded.

However, these changes introduced by Order No. 686 do not comply with the Law of Ukraine «On Military Duty and Military Service». Article 37 of the Law regulates that citizens of Ukraine who are subject to exemption from military registration in the relevant district (city) CMCs are subject to exemption from military registration:

1. died or were recognized as missing or declared dead in accordance with the procedure established by law;
2. terminated their Ukrainian citizenship;
3. were declared unfit for military service;
4. have reached the age limit for retirement.

It should be noted that after the amendments introduced by the law on enhanced mobilization in May 2024, this Law provides that a citizen who is excluded from military registration in accordance with paragraphs 3 and 4, i.e., including those who are unfit, does not have his or her military registration document withdrawn. Data on exclusion from military registration shall be entered in the military registration document of the citizen.

Source: Judicial and legal newspaper