The Ukrainian military ombudsman’s office is advocating for changes to the regulations governing military medical commissions. This initiative aims to allow some service members currently classified as partially fit for duty to be reclassified as unfit and subsequently discharged from service.
In an interview with Radio Free Europe, Deputy Military Ombudsman Ruslan Tsygankov explained that many military personnel who are unable to perform combat tasks due to health issues remain in non-combat roles, often receiving minimal salaries of approximately 20,000 hryvnias. Despite their limitations, they are officially considered fit for service, which prevents their discharge.
“We are continuously engaging in discussions to influence changes to Order No. 402. This order regulates the operations of military medical commissions concerning diagnoses, aiming to ensure that a portion of service members currently deemed partially fit can be recognized as unfit and have the opportunity to leave service,”
Tsygankov stated. He emphasized that while the legal aspects of this change are manageable, the primary challenge lies in accurately defining the list of medical diagnoses involved.
Additionally, Tsygankov highlighted another issue: a legal conflict between the grounds for discharge from military service and the criteria for deferring mobilization. He noted that the differences in legal definitions create complications for service members.
“There is a legal conflict that we are currently trying to resolve. The grounds for discharge and the grounds for deferment differ according to relevant laws. For instance, a person may not be eligible for mobilization under the law, but their legal status and the grounds for deferment do not constitute grounds for discharge from military service. This is unjust,”
he explained.
Proposals have already been submitted to the relevant committee of the Verkhovna Rada, advocating for uniform criteria for both discharge and deferment from mobilization.
Since the onset of Russia’s full-scale invasion of Ukraine on February 24, a state of martial law has been enacted, accompanied by a general mobilization. The Verkhovna Rada has extended the duration of martial law and mobilization every three months since then.
The Ukrainian military ombudsman is seeking regulatory changes to allow certain service members to be classified as unfit for duty, addressing discrepancies in discharge and mobilization criteria. Proposals have been submitted to align legal definitions, aiming to resolve existing injustices in the military system.