Experts outlined the possibilities of MME during the preliminary medical examination

Advocacy
18:34 Tue 01.10.24 112 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

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

Support

Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.

19:46 Fri 18.09.26 128
Tax residency of Ukrainians abroad: what matters

Educational events

Tax residency of Ukrainians abroad: what matters

The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.

18:19 Thu 17.09.26 111
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

War

Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience

The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.

9:42 Mon 14.09.26 168
Former CCBE President James MacGuill has passed away

Tragic news

Former CCBE President James MacGuill has passed away

The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).

10:27 Mon 07.09.26 111
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

Educational events

How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»

The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.

11:22 Tue 01.09.26 169
The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

Guarantees of the practice of law

The Council of Europe Convention will strengthen constitutional guarantees of human rights – M. Stavniychuk

The exclusive right of an advocate to represent another person in court, as enshrined in the Constitution, should be viewed as an integral part of the mechanism for protecting human rights in Ukraine. Furthermore, ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer could strengthen the substance of this and other guarantees.

10:45 Mon 31.08.26 109
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Legislation

The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer

Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.

12:13 Fri 28.08.26 191
What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

Educational events

What an advocate should consider when a fee dispute escalates into a complaint to the QDBC

If an advocate files a lawsuit seeking to recover fees from a client, the client may in turn file a complaint with the High Qualification and Disciplinary Commission of the Bar in an effort to compel the advocate to withdraw the lawsuit. How do the advocacy’s disciplinary bodies handle such cases?

13:07 Wed 26.08.26 142

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

Оберіть файл