What’s new in the legislation: what does it mean to cancel the status of “limited suitability”

What’s new in the legislation: what does it mean to cancel the status of “limited suitability”

Publication date: 04/03/2024

The President of Ukraine signed on April 2 of this year The Law “On Amendments to Certain Laws of Ukraine Regarding Ensuring the Rights of Servicemen and Policemen to Social Protection”. Among other things, this Law abolishes the status of “limited suitability”. Does this mean that everyone with limited military fitness will become eligible? A lawyer answers relevant questions NGO “Youth Initiative Center” Andrii Mytsak.

Andrii Mytsak, lawyer NGO “Youth Initiative Center”.

Law 3621-IX (draft law 10313) adopted by the Verkhovna Rada enters into force one month following its official publication. Therefore, the Law published on April 3 will enter into force on May 4, 2024.
It contains all references to persons with limited eligibility from the Law of Ukraine “On Military Duty and Military Service”.

Does this mean that everyone with limited fitness will become fit?

The Ministry of Defense will give the final answer to this question when it approves the changes to Regulations on military medical examination in the Armed Forces of Ukraine (Order 402 dated August 14, 2008).
Currently, there is no information regarding what exactly will happen to those who are currently limited fit. Either they will be divided between fit and unfit, or they will become fit with certain service conditions.

Do people with limited fitness need to pass the VLK?

The law contains the following provision: “To establish that citizens of Ukraine who were recognized as having limited fitness for military service before the entry into force of this Law shall, within nine months from the date of entry into force of this Law, be subject to a repeated medical examination in order to determine their fitness for military service.” This means that following this Law enters into force, the TCC and SP and military units must send those with limited suitability to the VLK.

In connection with this innovation, all persons with limited fitness, who were recognized as such before the entry into force of this Law, will have to undergo a second medical examination within 9 months in order to determine fitness for military service.

Does this mean that you have to come to the TCC and SP on your own to pass the VLK?

The legislation does not contain such an obligation, but only gives the right to the TCC and SP to send such conscripts to the VLK.

The material was created with the support of the international charity platform GlobalGiving, the Charles Stewart Mott Foundation. The content of the publication is solely the responsibility of the public union “Network of Legal Development”.

Main photo for the article: UNIAN.

Read also:

A person with limited fitness for military service was called up once more: how to act?

How to avoid violations of the rights of military personnel

Justice from the second attempt: the man was found partially fit for military service

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