Experts outlined the possibilities of MME during the preliminary medical examination

Advocacy
18:34 Tue 01.10.24 71 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

Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 105
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 192
Proceedings opened following attack on advocate in Dnipro

Guarantees of the practice of law

Proceedings opened following attack on advocate in Dnipro

The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.

15:53 Wed 04.02.26 212
«With us — to Europe»: Italian advocacy supports UNBA initiatives

Interaction

«With us — to Europe»: Italian advocacy supports UNBA initiatives

On January 30, a meeting was held in Rome between a delegation from the Ukrainian National Bar Association and the National Bar Council of Italy (Consiglio Nazionale Forense, CNF) on the standards and practices of the legal profession and their significance for Ukraine's European integration process.

14:07 Mon 02.02.26 100
France confirms cooperation with UNBA on reforms in the field of the rule of law

Interaction

France confirms cooperation with UNBA on reforms in the field of the rule of law

On January 29, a working meeting between representatives of the Ukrainian National Bar Association and the French National Bar Council (Conseil National des Barreaux, CNB) took place in Paris.

20:47 Fri 30.01.26 105
UNBA office opens in EU capital

Abroad

UNBA office opens in EU capital

To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.

18:21 Thu 29.01.26 158
UNBA and BRAK discussed European integration priorities and regulation of the profession

Interaction

UNBA and BRAK discussed European integration priorities and regulation of the profession

On January 26, a meeting was held between representatives of the Ukrainian National Bar Association and the German Federal Bar Association (Bundesrechtsanwaltskammer, BRAK).

18:19 Tue 27.01.26 110
The President was urged to sign the law on strengthening guarantees for advocacy activities

Guarantees of the practice of law

The President was urged to sign the law on strengthening guarantees for advocacy activities

The professional community of advocates called on Ukrainian President Volodymyr Zelenskyy to sign Law No. 4547-IX, which strengthens guarantees for advocates' activities, in particular by introducing liability for identifying an advocate with a client.

13:06 Tue 27.01.26 129

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

Оберіть файл