On 27 April 2024, the Ministry of Defence of Ukraine adopted Order No.262 (the ''Order'') which amended Order No.402 ''Regulations on Military Medical Expertise in the Armed Forces of Ukraine'' dated 14 August 2008.
The amendments were adopted in connection with the removal of “limited fitness” as a state of health of persons liable for military service. The Order also provides for the following changes:
1. The degrees of fitness have been expanded. Therefore, the military obliged individuals may now be recognized:
- fit to serve
- fit to serve in military support units, military offices, military educational institutions, training centres, institutions, medical units, units of logistics, communications, operational support, security
- temporarily unfit (require treatment, vacation, or release from duty)
- unfit for military service with re-examination in 6-12 months
- unfit for military service with exclusion from the military register
2. The resolution of the military medical commission on the degree of fitness for military service during mobilization is valid within one year from the date of the medical examination.
3. The Schedule of Diseases, Conditions and Physical Disabilities Determining the Degree of Fitness for Military Service and Service in the Military Reserve has been amended.
4. The medical examinations, laboratory studies and other required additional laboratory tests may last as much as needed to obtain complete information about the state of health of the person, but should not exceed 14 days.
5. If the previous medical records do not comply with the results of the current examination, a joint review (consultation) is conducted with the participation of leading medical specialists. During such review, contradictory results of previous examination and hospitalizations may be disregarded.
6. Information on the results of the medical examination (military medical examination) is entered into the Unified Register of Persons Liable for Military Service (Oberig).
7. If servicemen are recognized unfit for military service or unfit for military service with a re-examination in 6-12 months and cannot perform their duties for medical reasons during the period of discharge from military service, the military medical commission simultaneously with the decision on unfitness issues a resolution “Requires release from service for medical reasons for the period necessary to discharge, but not more than 30 calendar days from the date of the medical examination”.
8. Persons released from military service and those who are recognized unfit for military service may be re-examined by military medical commissions at the place of military registration after a mandatory examination in specialized health care facilities to confirm or change the diagnosis.
9. The military medical commission will be able to adopt resolutions, including at offsite sessions and, in some cases, remotely (e.g., if treatment is carried out abroad).
The relevant changes have come into force on 4 May 2024.
By Yuna Potomkina and Anton Sintsov, Counsels, Asters
