Mobilization after 45 years: can they be sent to the Air Assault Forces
Military reservists over 45 years old should not be automatically sent to serve in the Air Assault Forces without a separate determination of fitness for such service by the military medical commission.
According to paragraph 3.1 of chapter 3, section II of the Regulation on Military Medical Examination in the Armed Forces of Ukraine, approved by the order of the Ministry of Defense of Ukraine dated August 14, 2008, No. 402, military reservists up to 45 years old are additionally assessed during the MMC for fitness to serve:
- in the Air Assault Forces;
- in special forces units;
- on submarines;
- on surface ships;
- in the marine infantry.
That is, it is precisely for persons under 45 years old that the military medical commission separately establishes the possibility of serving in such units.
For military reservists who have reached the age of 45, such a separate procedure for determining fitness for service in the Air Assault Forces is not provided for in Regulation No. 402. This means that during the MMC, such persons are not assigned a special fitness specifically for service in the Air Assault Forces.
At the same time, experts note: if a serviceman over 45 years old is sent to the Air Assault Forces without the corresponding MMC conclusion regarding fitness for this type of service, the legality of such a decision may be questioned.
The age of 51 itself is not a reason for exemption from mobilization. According to the Law of Ukraine "On Military Duty and Military Service," reservists can serve within the age limits established by law for being in the reserve.
However, appointment to a specific position or to a certain type of troops must correspond to the state of health, military occupational specialty, and MMC conclusions.
As previously written by the "Judicial and Legal Newspaper", signing a contract for military service is a legal basis for releasing an employee from work. At the same time, the notification of signing the contract alone is not enough — the employer must receive official documentary confirmation of the start of military service.
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