How lawfully to get rid of service in army?Transfer to the reserve, but you will lose not that!
Instruction of “MK“: how competently to pass “army“ medical board
until the end of a spring draft there was exactly a month. Military registration and enlistment offices drive the plan, recruits pack holdalls, and parents of potential defenders of the Homeland cannot find any peace: at the son is snivels, cough, and still that worse. But the medical board told: for military service it is suitable.
What to do if you do not agree with such decision, knowing that the guy has a great lot of chronic diseases which can become aggravated in extreme conditions? Army not sanatorium.
“MK“ with the assistance of the chairman of the Union of committees of soldiers` mothers of Russia Valentina MELNIKOVA prepared necessary recommendations how to work to parents and recruits when passing medical board.
Do not delay doctors
Health at our young men far from powerful. However many cases when in military registration and enlistment offices simply closed eyes to obvious diseases of recruits are known. Therefore it is necessary to be prepared beforehand for passing of medical examination and to hold necessary documents on all diseases, since patrimonial injuries.
It is better to examine the child on all diseases as soon as possible, but not to wait when he is 18 years old. During fluent survey it is impossible to reveal a chronic illness especially as young men sometimes do not even remember it. Therefore it is always necessary to see a doctor at injuries and an exacerbation of chronic diseases, not to self-medicate that all data on complaints and the carried-out treatment were fixed in a medical record. Your task - as much as possible to facilitate work of doctors of the draft commission, to give them the chance objectively, on the basis of the documents submitted by you to define category of the validity to military service of your son.
Answers to questions of members of the commission about health of type “normally“, “nothing“, “well“ in this situation do not approach. For this reason it is better to come to a military registration and enlistment office together with the son and to tell the doctor about his diseases, and besides the story - to declare it in writing.
Preliminary survey is necessary it is possible to conduct in the medical institution of any form of ownership having the corresponding license. It is necessary to remove photocopies in several copies from all medical documents (originals it is necessary to store houses). Copies of all documents on a state of health and marital status of the recruit are presented to a military registration and enlistment office. These documents have to be accepted by the secretary or other official under the signature on your second copy and are attached in a personal record of the recruit. It is possible to send the statement with documents by mail the registered mail with the assurance of receipt. Surely keep the receipt and the come-back notice, they can shortly be necessary.
Surely track that at survey any leaflet was not gone in a military registration and enlistment office from a medical record of the recruit (in advance number pages, on each page write a surname or at least initials of the recruit).
Decision about the validity to military service at medical examination in the absence of the recruit is illegal!
It is also necessary to watch quality of medical inspection. In case of the complaint of the recruit doctors are obliged to make the draft commission the recommendation to direct it to inspection in the medical center or a hospital (but not in hospital!) .
Only after full survey doctors of the draft commission and commission on initial statement on the military account can make the decision on the validity to military service according to the schedule of diseases. After all above-stated procedures the youth of premilitary age (by 17 years) is obliged to receive the certificate of the citizen who is subject to military draft.
The Minister of Defence of the Russian Federation the order No. 200 from 20. 08. 2003 approved the Instruction about a carrying out order voyenno - medical examination in Armed forces of the Russian Federation. Diagnoses are provided in this document according to the international classification of diseases (MKB - 10). In particular, “the coefficient of intellectual development“ (IQ) by which experts at inspection of recruits will be guided is entered.
The agenda - yet not service
Track that in a personal record of the recruit the column “conversation with parents“ included information of parents, but not workers of military registration and enlistment offices as it often happens.
When obtaining the agenda it is necessary to be surely in a military registration and enlistment office. The agenda does not mean an appeal and immediate sending to troops. The appearance is obligatory for establishment of contact with the draft commission.
After medical examination it is necessary to be in the regional (city) draft commission (according to the agenda) where the chairman of the draft commission will declare to you the decision:
- about military draft;
- about the direction on alternative service;
- about granting a draft deferment;
- about release from an appeal.
Demand the copy of this decision which is better for holding.
What to do if you do not agree
If the draft commission recognized the young man suitable contrary to indications, it can be challenged in the city (regional) draft commission and in court.
Here is how it is necessary to work if you do not agree with “verdict“.
1. In a month submit the application for disagreement with the decision of the regional (city) draft commission to the regional draft commission. You can notify on the actions in writing the chairman of the draft commission, the chief of the Department of Internal Affairs of the area. Wait. You have to be called according to the agenda in the regional commission.
2. Be on the regional draft commission where to you will declare the decision.
3. If you do not agree with the decision of the regional draft commission, appeal in writing to its chairman to issue you the copy of the decision.
4. In a month from the date of decision of any level by the commission appeal against it in court in the location of the defendant. In writing notify the chairman of the regional and regional draft commission, the chief of the Department of Internal Affairs of the area on the actions. Wait. You will be called according to the summons.
Attention! It is impossible to express the disagreement with the decision of the draft commission and to file a lawsuit the complaint only on the ground that it seems to you as if the decision is made incorrectly. The subject for dispute is when, for example, there are two different diagnoses supported by the medical documents.
Therefore before appealing with the complaint to court to the illegal actions of the draft commission seeming to you, it is necessary to consult in the Union of committees of soldiers` mothers of Russia or at the competent lawyer.
The final decision is passed by court. Before entry into force of a judicial verdict implementation of the decision on an appeal stops. If you were not satisfied by the resolution of regional court, can make the appeal in city court. After cassation instance the decision enters into force. It is necessary to remember that consideration of the case in supervising and other higher instances does not stop execution of the decision. But the rejection of the complaint by city court does not exclude an opportunity to make the complaint to the chairman of city court as supervision, and also in some cases the complaint in the Constitutional court of the Russian Federation.
How to communicate with a military registration and enlistment office
Often it is necessary to hear from parents of recruits about how they declare the rights in military registration and enlistment offices: “I came and told that …“, “I called a military registration and enlistment office and warned that if …“.
The form of communication with officials has to be not colloquial but only written. Write the application and send it by mail the registered mail with the assurance of receipt (surely keep a copy of the application).
It is possible to submit the application through office of regional administration and a regional military commissariat. In this case one copy is transferred to office, and on the second which remains at you, to you have to give a mark about date of reception of the application from you, the entering number at which it is registered, and the signature of the person who adopted the statement. Following these simple rules, you keep nerves and health when passing procedure of conscription.
FROM the FILE “ MK “
Categories of the validity to military service:
And - it is suitable for military service;
The B - is suitable for military service with insignificant restrictions;
In - restrictedly it is suitable for military service;
- it is temporarily not suitable for military service (the delay is granted for 6 - 12 months);
D - it is not suitable for military service
(it is exempted from an appeal).
The list of the most widespread diseases granting the right for release from service in army (articles from Situation about voyenno - medical examination; the resolution of the Government of the Russian Federation of February 25, 2003. No. 123)
of St. 13 - diseases of a hypophysis, adrenal glands, endocrine diseases, obesity, a lack of weight.
Art. 14 - 20 - mental disorders: schizophrenia, psychoses, neurotic disorders, disorders of sexual identification and sexual frustration, intellectual backwardness.
Art. 21 - epilepsy.
Art. 22 - consequences of infectious and parasitic diseases of TsNS.
Art. 24 - vascular diseases of a head and spinal cord.
Art. 25 - injuries of a head, spinal cord and their consequence. Consequences of defeats of TsNS.
Art. 34 - violations of a refraction and accommodation (short-sightedness, far-sightedness).
Art. 38 - diseases of an ear and a mastoidal shoot.
Art. 40 - deafness, dumbness, hearing impairment.
Art. 42 - heart diseases.
Art. 43 - a hypertensive illness.
Art. 45 - diseases and consequences of injury of an aorta, the main and peripheral arteries and veins, lymphatic vessels.
Art. 49 - diseases of a cavity of a nose, okolonosny bosoms, drinks.
Art. 52 - asthma.
Art. 58 - stomach ulcer of a stomach, duodenum.
Art. 59 - hepatitis, pancreatitis, gastritises, cholecystitis.
Art. 62 - diseases of skin and hypodermic cellulose.
Art. 66 - diseases of a backbone and their consequence (osteochondrosis, scoliosis).
Art. 68 - flat-footedness and deformations of foot.
Art. 72 - chronic diseases of kidneys.
Art. 80 - congenital anomalies of development of bodies and systems.
Art. 81 - 84 - consequences of injuries, poisonings and other influences of external factors.
Art. 88 - enuresis.
Art. 89 - stutter.
Elena PAVLOVA prepared