Experts outlined the possibilities of MME during the preliminary medical examination

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.