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.
Popular news
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Educational events
Advocates were taught to voice their complaints without making accusations
In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?
Guarantees of the practice of law
The paradoxes of urgency: is it possible to investigate a crime before it is committed?
On September 24 in Kyiv, National Police officers detained an advocate during an emergency search, having caught him in the act of committing a crime. At the time, the pretrial investigation in this case had already been ongoing for more than four months.
Guarantees of the practice of law
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU
Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.
Guarantees of the practice of law
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?
Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.
Edition
From Oleksandrivsk to the soviet repressions: a book on the history of the Zaporizhzhia advocacy is presented
The book «The Zaporizhzhia advocacy: historical essays, facts and figures» — the fourth volume in the series «Regional history of the advocacy» has been published. The authors trace the formation and development of the bar in the Zaporizhzhia region from the late 19th through the 20th centuries.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection