Experts outlined the possibilities of MME during the preliminary medical examination

Advocacy
18:34 Tue 01.10.24 63 Reviews
Print

Forensic medical examination is an effective way to protect the rights of persons liable for military service, as well as a tool that ensures the objectives of military medical examination in the Armed Forces of Ukraine (high-quality medical examination of servicemen, conscription, and enlistment).

Experts discussed the possibilities of forensic medical examination during the military medical examination, appealing against the decisions of the military medical examination board, as well as the legal and medical aspects of these processes during a webinar organized recently by the Ukrainian National Bar Association.

One of the speakers at the event was Natalia Ergard, a doctor and forensic expert, who spoke about the aspects of confirming the diagnosis of persons undergoing a medical qualification commission. In particular, she drew attention to the way in which diagnoses that are not confirmed by objective research methods are interpreted by the MME, and gave examples of the most common diagnoses when an insufficiently detailed description by doctors of the X-ray picture of the pathological process gives the MME grounds to speculate and make a deliberately wrong decision on the degree of fitness for military service. N. Ergard also spoke about cases from her practical work when the conclusion of a forensic medical expert became the basis for re-passing the MME and declaring a person unfit for military service.

Ihor Kolesnikov, member of the Center for Methodological Assistance and Coordination of the Volunteer Movement of Advocates for Legal Protection of Servicemen of the Ukrainian National Bar Association, emphasized that in the context of armed aggression, human rights guaranteed by the Constitution and the fulfillment of the duty to protect the country have become even more important.

At the same time, compliance with the requirements of the legislation in the field of mobilization measures, performance of military duty, and observance of the rights of persons liable for military service during the military medical commissions is a prerequisite and obligation of the authorized persons of the relevant state bodies (TCC, MME, etc.). Therefore, the activity of an attorney-at-law as a performer of the constitutional function of providing legal aid has become extremely important.

According to I. Kolesnikov, in these matters the lawyer should be proactive. Everything should be translated into writing, recorded in time, appeals to the TCC, MME, etc., and from the person to whom the lawyer provides legal aid. «We need an active position, which consists in providing all available documents and information about the state of health, notifying about the provision of additional data and documents after examination by the relevant doctors, and obtaining expert advice», - he said.

A lawyer who has entered into a legal aid agreement with a client has the right to independently engage an expert on a contractual basis to conduct an expert examination of the materials provided and obtain a specialist's opinion.

At the same time, it should be remembered that there is no universal measure or rule of defense, the lawyer says. Each case is individual by the nature of its constituent actions, events, documents and information.

Popular news

UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 154
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 137
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

Legislation

Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.

19:31 Fri 02.01.26 125
Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Legislation

Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.

19:13 Fri 02.01.26 106
Roadmap and advocacy: working group holds first meeting

Legislation

Roadmap and advocacy: working group holds first meeting

On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.

18:24 Fri 02.01.26 113
BCU: NACP initiatives regarding the Bar are unconstitutional interference

Self-government

BCU: NACP initiatives regarding the Bar are unconstitutional interference

The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.

14:21 Wed 31.12.25 179
UNBA program for implementation of the Roadmap on the rule of law published

Self-government

UNBA program for implementation of the Roadmap on the rule of law published

In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.

14:56 Tue 23.12.25 162
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU

Professional Conduct

The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU

Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.

17:19 Sat 13.12.25 112

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл