The Ministry of Defense of Ukraine, by Order No. 686, approved amendments to the Regulations on Military Medical Examination (MME), which have aroused considerable public interest. The main innovation is the abolition of the mandatory exclusion from military registration of persons recognized as unfit for military service. From now on, even if a serviceman or conscript is recognized as unfit for military service due to health reasons, this will not be a reason for exclusion from the registration lists.
Previously, the decision of the military medical commission on unfitness meant 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 Military Medical Commission on exclusion from registration has been removed from the text of the Regulation. The norm that required the submission of a certificate of illness for those subject to exclusion has also 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 states that citizens recognized as unfit for military service must be excluded from military registration. This requirement remains in force, since orders of the Ministry of Defense cannot repeal legislative norms.
The innovations give rise to a number of legal and practical contradictions. If the unfit will no longer be excluded, it remains unclear what data about them should be entered into military registration documents. In addition, the question arises whether this will not become the basis for legal conflicts, since the order does not meet the requirements of the law.
The possible reasons for such changes have not yet been explained. One version is the desire of the Ministry of Defense to maintain maximum control over the mobilization reserve during the difficult period of the war. However, without clear explanations, society may perceive these changes as an attempt to create additional pressure on individuals who are unable to perform military duties due to health conditions.
Order No. 686 certainly requires 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 who are deemed unfit for service.
