After injury or illness: when the Military Medical Commission recognizes a serviceman as unfit
The Military Medical Commission (MMC) conducts medical examinations of servicemen who have sustained wounds, injuries, concussions, or illnesses after the completion of treatment and the establishment of its results. It is at this time that the commission determines the degree of fitness for further military service.
As explained by the Donetsk Regional Territorial Center for Recruitment and Social Support, a decision is made only when the health condition allows a final conclusion to be drawn, and further treatment will no longer restore fitness for service. This procedure is stipulated by the Order of the Ministry of Defense of Ukraine No. 402.
The MMC may recognize a serviceman as fully fit for military service, fit for service in certain branches or units of the Armed Forces, or fit only for service in support military units, territorial recruitment and social support centers, training centers, medical, logistics, communications, and other support units.
The commission may also determine unfitness for service in certain branches of the military or by military specialty. Additionally, it is possible to recognize a serviceman as unfit for military service with a re-examination in 6–12 months or unfit with removal from the military register.
The Territorial Center for Recruitment and Social Support reminded that during martial law, servicemen whom the MMC has recognized as unfit for military service with a re-examination in 6–12 months are discharged to the reserve in accordance with Article 26 of the Law of Ukraine "On Military Duty and Military Service."
At the same time, persons whom the MMC has recognized as unfit for military service with removal from the military register may, at their own request, continue service in certain positions defined by the Order of the Ministry of Defense of Ukraine No. 410.
As previously reported by the "Judicial and Legal Newspaper," the issue of undergoing the Military Medical Commission and determining the degree of fitness for military service remains one of the most common subjects of legal disputes during martial law. In particular, conscripts often appeal MMC decisions if they believe that during the medical examination or review of the commission’s conclusions, their health condition was not taken into account or the established procedure was violated. One such contentious issue is the possibility of a regional MMC reviewing a conclusion of unfitness without conducting a repeated medical examination.
Such a dispute was considered by the Sumy District Administrative Court in case No. 480/893/26. The plaintiff requested the cancellation of the decision of the regional MMC and the MMC certificate, citing violations of the procedure for reviewing the health status conclusion.
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