Why Ukraine's Military is Recalling Personnel Previously Deemed Unfit for Service.

Legal Loophole Forces Medically Discharged Personnel Back to Medical Boards

According to Novyny.live: In a move that has created legal confusion, Ukraine's Ministry of Defense is requiring individuals previously discharged from military service on medical grounds to undergo a new military medical commission (MMC). This mandate, enacted under Ministry of Defense Order No. 402, applies even to those who have already returned home from the army after receiving a discharge. This situation stems from a conflict within current legal statutes, creating significant procedural hurdles for those affected.

One specific case involves a citizen discharged from the State Border Guard Service of Ukraine (SBGS) due to being unfit for service, who has now received a summons for a repeat MMC. Legal experts confirm the requirement is currently mandatory due to this legal discrepancy. As Vladyslav Derii noted:

“A legal loophole currently exists. Consequently, Territorial Recruitment Centers (TRCs) can insist on a repeat MMC in accordance with Order 402.”

Vyacheslav Kynda also acknowledges the practical reality of this problem, stating that in such cases, the individual must undergo the MMC per Order No. 402. According to Yuriy Aivazian, a reservist's unfitness for service is only formally confirmed by an MMC resolution approved by a full-status MMC under this same order.

The situation is further complicated because, as Aivazian pointed out, a TRC cannot remove a person from the military register based solely on a hospital MMC certificate issued under the Ministry of Internal Affairs Order No. 285. This legal gap means individuals medically discharged are being caught in a bureaucratic loop, forced to undergo repeat examinations and facing considerable legal uncertainty.

With Ukraine's ongoing defense against a full-scale invasion, the issue of medical fitness for military personnel is critically important. This legal contradiction in the military medical commission process is causing significant delays in military registration and mobilization procedures. The conflict highlights a pressing need for legislative review and potential amendments to prevent such complications and ensure clarity for both citizens and military authorities.