The Ministry of Defence clarifies: Individuals deemed as ‘partially fit’ must undergo a follow-up examination by the Military Medical Commission by February 4

All citizens of Ukraine deemed partially fit for military service before May 4, 2024, must undergo, by February 4, 2025, a follow-up medical examination to assess their fitness for military service.

The Ministry of Defence explains why the medical examination is required and what the repercussions may be for failing to adhere to the legal provisions. 

What is the reason for this? 

On May 4, 2024, the Law of Ukraine No. 3621-IX, dated March 21, 2024, “On Amendments to Certain Laws of Ukraine to Ensure the Social Protection Rights of Military Personnel and Police Officers” (hereinafter referred to as Law No. 3621), entered into force. This document removes the definitions of ‘partially fit for military service’ and ‘unfit for military service in peacetime, partially fit in wartime’ from the provisions of the legislation on military duty and military service. 

The Ministry of Defence of Ukraine Order No. 402, dated 14.08.2008, “On the Approval of the Regulation on Military Medical Expertise in the Armed Forces of Ukraine,” has been brought into alignment with the aforementioned Law of Ukraine, outlining the procedure for conducting military medical examinations by Military Medical Commissions (hereinafter referred to as MMC).

What resolutions are currently being made by the MMC?

During the medical examination of service members and other individuals (including conscripts and individuals liable for military service), the MMC adopts resolutions of the following general nature: 

1. ‘Fit’:

• for military service;

• for service in military support units, enlistment offices, higher military educational institutions, training centers, institutions (establishments), medical units, as well as in logistics, communications, operational support, and security units;

2. ‘Unfit’:

• for military service;

• for military service, subject to a follow-up examination in 6 to 12 months (the resolution is made during martial law);

3. ‘Needs’:

• release from official duties for a designated number of calendar days;

• sick leave for a designated number of calendar days;

• leave for medical treatment following wounding (blast injury, trauma, or permanent disability) for a specified number of calendar days;

• Medical treatment in a healthcare establishment for a period of no less than a specified number of calendar days;

4. ‘Temporarily unfit’:

• for military training exercises (the resolution is adopted in relation to individuals liable for military service and reservists who are called up for training exercises);

• for military service (the date of the follow-up examination should be indicated).

5. Does not require prolonged medical treatment (the decision is made in cases where extended medical treatment is unnecessary).

6. Other relevant resolutions.

What should Ukrainian citizens deemed as ‘partially fit’ do?

Citizens of Ukraine who were recognized as partially fit for military service before the amendments to the legislation on military duty and military service (prior to May 4, 2024) are subject to a medical re-examination within nine months from the date Law No. 3621 enters into force, i.e., until February 4, 2025, inclusive.

What is the procedure for individuals liable for military service to change their status? 

The enlistment offices at the place of residence of Ukrainian citizens liable for military service are responsible for organizing medical examinations and verifying information. 

In accordance with the Rules of Military Registration (Annex 2 to the Procedure approved by Resolution No. 1487 of the Cabinet of Ministers of Ukraine dated December 30, 2022), conscripts, individuals liable for military service, and reservists must report to the enlistment office within the timeframes specified in mobilization orders, call-up papers, or directives. This is required for military registration and assignment for a special period, issuance of military registration documents, medical examinations, referral for training exercises to acquire or enhance a military specialty, call-up for military service or training (verification) and special exercises for reservists and individuals liable for military service. 

At this stage, undergoing a military medical examination is only possible with a referral issued by the enlistment office. To issue a referral, the enlistment office must call up the individual liable for military service using a summons. If no summons was issued, the individual liable for military service may personally approach the enlistment office to obtain a referral for the Military Medical Commission. 

It should also be noted that, as per paragraph 3.8 of Chapter 3, Section II of Order No. 402, the resolution of MMC and district or city enlistment office regarding the fitness of an individual liable for military service during mobilization, in a special period, and/or under martial law remains valid for one year from the date of the medical examination. 

Therefore, individuals liable for military service are required to update their medical information on an annual basis. 

What accountability is foreseen?

Failure to comply with the requirement for timely completion of the examination at the MMC constitutes a violation of military registration rules or legislation related to defense, mobilization preparedness, and mobilization. 

According to the Code of Ukraine on Administrative Violations, this may result in a fine ranging from one thousand to one thousand five hundred non-taxable minimum incomes or from UAH 17,000 to UAH 25,500. 

How the status in the Reserve+ mobile app will change? 

If a person with the ‘Partially fit’ status does not undergo re-examination by February 5, their electronic military registration document in Reserve+ will remain unchanged. However, if the enlistment office issues a summons for a military medical examination, and the individual liable for military service fails to comply with the summons, the status ‘on the wanted list’ will be displayed in Reserve+.

Digital reform of the Military Medical Commissions (MMC) system