By Order No. 686, the Ministry of Defense of Ukraine approved changes to the Regulations on Military Medical Examination (MME), which caused significant public interest. The main innovation is the cancellation of the mandatory exclusion from military registration of persons deemed unfit for military service. From now on, even if a military serviceman or conscript is deemed unfit due to his health, this will not be a reason for exclusion from the registration lists.
Previously, the decision of the military medical commission on unfitness meant the automatic exclusion of a person from military registration. Order No. 686 cancels this norm. In particular, the provision on the immediate implementation of the resolutions of the VLK regarding deregistration has been removed from the text of the Regulations. Also, the rule that obliged those who are subject to exclusion to draw up a certificate of illness has been removed.
However, these changes raise many questions about their compliance with current legislation. The Law of Ukraine "On Military Duty and Military Service" clearly defines that citizens deemed unfit for military service must be excluded from military registration. This requirement remains in force, because the orders of the Ministry of Defense cannot cancel legislative norms.
Innovations give rise to a number of legal and practical contradictions. If the unfit will no longer be excluded, it remains unclear exactly what data about them should be included in the military registration documents. In addition, the question arises whether this will become a basis for legal conflicts, because the order does not meet the requirements of the law.
Possible reasons for such changes have not yet been explained. One of the versions is the desire of the Ministry of Defense to maintain maximum control over the mobilization reserve during a difficult period of the war. However, without clear explanations, society may perceive these changes as an attempt to create additional pressure on persons who cannot perform military duties due to their health.
Order No. 686 certainly needs additional clarification from the Ministry of Defense. It remains an open question how these changes will be implemented in practice and whether they will lead to social tension among those deemed unfit for service.
