UA RU EN

Ombudsman Proposes Overhaul of Military Medical Discharge Rules

Уповноважений з прав людини закликає до змін у системі медичних звільнень військовослужбовців

Reforms Proposed for Military Medical Commissions

The Ukrainian Parliament Commissioner for Human Rights is pushing for changes to the rules governing military medical commissions. According to First Deputy Military Ombudsman Ruslan Tsyhankov, the office is working to resolve a legal contradiction concerning the differing grounds for conscription and demobilization. The primary goal is a revision of the medical criteria, as the core issue lies in formulating a new list of qualifying diagnoses.

Currently, Ukrainian service members deemed unfit for combat duties are often reassigned to non-combat roles with a salary of approximately 20,000 hryvnias. However, the legal grounds for receiving a discharge differ from the grounds for receiving a deferment from service. This ongoing conflict between different laws creates significant hardship for soldiers. Ruslan Tsyhankov stated:

“We are in constant dialogue and are striving to influence changes to Order No. 402. This is the order that regulates the military medical commission specifically regarding diagnoses, so that a certain portion of servicemen currently classified as having limited fitness would be deemed unfit and have the opportunity to be discharged from service.” - Ruslan Tsyhankov

The Ombudsman's representative further stressed that “the grounds for discharge and the grounds for deferment differ according to the respective laws.” This means, for example, that a person who could not legally be mobilized might not have sufficient legal grounds to be discharged from service if their condition worsens.

“This is unfair,” Tsyhankov noted.

Proposals to Align Discharge and Deferment Criteria

Proposals to equalize the grounds for deferment and discharge have already been submitted for review to the relevant committee of the Verkhovna Rada. This demonstrates the Ombudsman's active efforts to improve the situation in military medicine and the rights of service personnel.

The reforms initiated by the Ombudsman's Office could significantly impact the legal status of Ukrainian soldiers, particularly those with medical conditions warranting discharge. This could lead to greater fairness in the conscription and demobilization system, as the existing legal conflicts cause difficulties for military personnel in need of legal protection. It is crucial these initiatives are implemented as swiftly as possible to ensure proper conditions for servicemen and women who require them. The proposed changes are part of broader efforts to streamline Ukraine's military medical assessment process during a prolonged period of national defense.