On the exclusion of incapacitated persons from military registration

The National Assembly of People with Disabilities of Ukraine (NAPDU) appealed to the Ministry of Defense of Ukraine to provide clarification of the algorithm for military medical examination of incapacitated persons and to resolve the issue of their removal from military registration.

By letter dated March 19, 2024, No. 128/1, the Ministry of Defense informed the NAIU that in accordance with paragraph seventeen of clause 79 Procedure for organizing and maintaining military registration of conscripts, persons liable for military service and reservistsapproved by the Resolution of the Cabinet of Ministers of Ukraine No. 1487 of December 30, 2022, district (city) territorial centers for recruitment and social support exclude from military registration on the basis of relevant supporting documents persons who are declared incapacitated by a court decision. At the same time, the Ministry of Defense noted that persons excluded from military registration are not liable for military service.

In view of the above, in order to resolve the issue of deregistration of incapacitated persons, guardians or other entities exercising guardianship over such persons (i.e. a special institution or guardianship authority, if no guardian is appointed to the incapacitated person) should submit to the MCC and JCC the relevant court decisions on the recognition of their wards as incapacitated persons.

Taking into account the practice of TCCs and JVs, it seems that such a court decision should be provided in a notarized copy. At the same time, you must have a document confirming the performance of the duties of a guardian or an authorized person of a special institution or guardianship authority, the original of the relevant court decision, as well as the passport of the incapacitated person, his or her identification code and military registration document.

For more detailed explanations, we recommend contacting the TCC and JV at the place of residence and the hotline of the Ministry of Defense by phone: 0 800 500 442.

The letter from the Ministry of Defense is available here at the link.