Legal advice

Disability for military service in a new way: what you need to know about it

Photo of Fact news Fact news07.05.2024
0 127 6 minutes read

Currently, no topic in modern Ukrainian society is discussed as actively as mobilization to the ranks of the Armed Forces of Ukraine. There are many reasons for this, but one of them is the changes that were adopted in April 2024 to the current legislation on this issue.

The most relevant question in such a case is who is subject to mobilization and who is not in the medical area of ​​the issue. We asked the bar association to comment on this situation “Repeshko and partners”.

On August 14, 2008, the Minister of Defense of Ukraine approved order No. 420 “Regulations on military medical examination in the Armed Forces of Ukraine”, however, by order No. 262 dated April 27, 2024, changes were made to this order, which entered into force on May 4, and currently the medical aspects of mobilization look as follows.

This provision applies to servicemen of the Armed Forces of Ukraine, the State Special Transport Service, their family members, conscripts, conscripts and reservists. The categories into which these persons can be divided depending on their state of health are as follows:

  • suitable for service;
  • suitable for service in military support units, TCC and SP, universities, educational centers, institutions, medical units, units of logistics, communication, operational support, security;
  • unfit for military service with exclusion from military registration;
  • temporarily unfit – require treatment, leave, release from duties, temporarily unfit.

To conduct a military medical examination, military medical commissions (hereinafter referred to as the Military Medical Commission), full-time and part-time (permanent and temporary) are created, they adopt resolutions that are formalized by a certificate of illness, a certificate of a military medical commission, a protocol of a meeting of a full-time military medical commission . VLKs adopt resolutions, including at external meetings. Resolutions of full-time and part-time VLK are mandatory. Resolutions of the VLK may be revoked or annulled by the regular VLK. If the medical report has any defects (for example, it will be declared invalid), then the citizen will undergo the control VLC in another institution in order to exclude the corruption component of the issue.

The medical examination includes the study and assessment of the state of health and physical development of citizens at the time of the examination in order to determine the degree of suitability for military service, training in military accounting specialties, solving other issues provided for in this Regulation, with the issuance of a written conclusion (resolution) . Fitness for military service in Regulation No. 420 means such a state of health and physical development of citizens that allows them to perform official duties provided for by statutes and instructions in a specific military specialty in the form of the Armed Forces of Ukraine and other military formations formed in accordance with the law , in peacetime and during a special period.

It should be noted that the Resolution of the VLK of the TCC and SP on the degree of suitability of a conscript for military service, adopted for accounting purposes in peacetime, is valid for five years from the date of the end of the medical examination. The resolution of the VLK of district, city TCCs and SPs on the degree of suitability of a conscript for military service during mobilization, for a special period, is valid for one year from the date of the end of the medical examination.

See also  The Ministry of Education and Science of Ukraine has again taken up the task of updating the regulations on the certification of pedagogical workers, justifying this step by the need to improve the mechanisms of teacher evaluation. However, despite the promises to improve the educational process, the innovation raises doubts and concerns among many teachers. The impression is that instead of real support and development of the teaching staff, the new certification may become an additional tool of pressure on teachers. Are teachers ready for the new conditions? Will the new rules really contribute to improving the quality of education, or is this another bureaucratic requirement that focuses on formalities, ignoring the essence of pedagogical work? What's new in the regulation on certification of teachers The Ministry of Education and Science of Ukraine has updated the Regulation on Attestation of Pedagogical Employees (Order of the Ministry of Education and Science of Ukraine from 09.09.2022 No. 805, as amended by the Order from 10.09.2024 No. 1277) in order, according to the officials themselves, to improve the mechanism of teacher evaluation. According to the new order, the following changes were made to the regulation: regulated the issue of awarding pedagogical titles and qualification categories to teachers who do not have higher education; It has been determined that teachers who transfer to other educational institutions to work in the same positions or interrupt their work shall retain their pedagogical titles and qualification categories until the next attestation’. The procedure for the establishment of attestation commissions has been improved and the list of entities that may establish them has been defined. In particular, the possibility of establishing attestation commissions by private educational institutions and/or their founders has been envisaged; The awarding of the pedagogical titles ‘senior teacher’, ‘senior teacher’ and ‘senior educator’ has been regulated. They are awarded to teachers who, based on the results of previous attestation, have been assigned (confirmed) a qualification category not lower than ‘second category specialist’ (or the corresponding tariff category has been established) and whose work experience is more than 3 years; the assignment of such pedagogical titles is standardised: ‘teacher-methodist’, ‘teacher-methodist’, ‘educator-methodist’, ‘teacher-organiser-methodist’, ‘practical psychologist-methodist’, ‘circle leader-methodist’, ‘senior counselor-methodist’. They are assigned to teachers who work in the relevant positions and who, according to the results of previous attestation, have a qualification category not lower than ‘specialist of the highest category’ (or the corresponding tariff category is set), higher education and more than 5 years of work experience; It has been determined that level I attestation commissions may be established in educational institutions and separate structural subdivisions with at least 15 pedagogical staff; The issue of attestation of pedagogical workers who have a workload in several academic subjects has been regulated. In addition, not only taking professional development courses, but also receiving education in an institution of higher, professional pre-university education for the next 5 years will be counted as professional development. Also from now on, in case of teaching several subjects, teachers independently choose the sequence of professional development within the total volume of professional development (150 hours or 30 ECTS credits). Also according to the new order, after the certification sheet on the decision of the commission is issued, the head of the educational institution must issue a corresponding order, which is a document confirming the assignment of a qualification category or pedagogical title to a teacher. According to the Ministry of Education and Science, more detailed requirements for teachers' professional activities have now been established, which allows for an objective assessment of their work. teachers are obliged to take regular professional development courses and participate in professional seminars, which contributes to their professional development. the success of students has become an important indicator of the effectiveness of a teacher's work, encouraging teachers to improve teaching methods. more autonomy has also been granted to local attestation commissions, which allows them to take into account the region of the country. What teachers think about the renewal of attestation In turn, teachers themselves note the growth of bureaucratic procedures and the need to spend more time on preparation for such attestation. Indeed, the updated requirements for teachers are becoming more and more stringent every year. Teachers are forced to fulfil a lot of new criteria, submit a lot of documents and undergo complicated inspection procedures. But are these requirements justified? In most cases, they turn into additional bureaucracy that has nothing to do with improving the quality of teaching. On the contrary, teachers spend more and more time on reports rather than on the real development of their students. Here are a few comments indicative of the general mood of educators. "The problem is that the heads of the MES have no profile pedagogical education and none of them has worked in a regular school. That is, the object of management for them is terra incognito. So what adequate management decisions do you want from them?’, - Ihor Likarchuk, former head of the Ukrainian Centre for Education Quality Assessment, commented on the situation. Victoria Kudinova, teacher, Facebook user: ‘And maybe teachers should test the MES, we will also prepare a programme, and a quest 24/7 arrange, and lastly we will certify...’ Yarema Romaniuk, teacher, Facebook user: "Every year they change something. Apparently, the clerks from the Ministry have to show their ‘vigorous’ activity?" Teacher, Facebook user: "Thank you very much. The peddlers of the director and pedagogical councils recognise the courses or not. And people pay money and pass. This is really done for people!" Larisa Kotlyarenko, Facebook user: ‘The only + that can become and - it is the awarding of the highest category and titles in their own collective.’ However, the most painful remains another thing - despite the new requirements, the attitude to the teacher as a key figure of society has not changed. The teaching profession, which should be one of the most prestigious in the country, is still undervalued. Teachers, who are expected to deliver high results and innovative approaches to their work, continue to receive meagre salaries, often lacking even the basic resources for quality teaching. With conditions like these, it is not surprising that more and more teachers are leaving the profession. Miserable salaries, constant demands, and lack of support from the authorities - all of this makes even the most dedicated teachers consider changing careers. When the state does not value its teachers, it loses not only its personnel but also its future. After all, without competent and motivated teachers, Ukrainian education is sinking into the abyss. The paradox is that the Ministry of Education and Science constantly puts forward new requirements for the certification of teachers, but who protests the very officials who come up with ridiculous reforms? Have any of them worked in a school under real conditions? Do they realise what they demand from a teacher who, apart from the educational process, still has to solve a bunch of social problems of his students and work without proper support? The main question is: to what extent are the new certification rules really necessary? The MES does not offer concrete solutions on how to improve the working conditions of teachers or increase their motivation. Instead, attestation becomes a kind of test that a teacher has to pass every five years. But instead of supporting and developing specialists, certification turns into an additional stress factor. The new criteria do not take into account the real problems of the educational process: the decreasing number of students in classes, insufficient funding for schools, outdated teaching materials. What will happen to education in such conditions in a few years? If the trend with the outflow of teachers continues, Ukrainian schools will simply have no one to teach our children. Ukrainian education is on the threshold of dangerous changes. If the Ministry of Education and Science does not change its attitude to teachers, and the state does not recognise the importance of decent pay and working conditions for teachers, we risk losing a whole generation of quality specialists. After all, when teachers leave, it is not only empty seats in schools. The future of the country is left without support. It is time to recognise that reforms in education should start not with new requirements, but with care for those who work for children every day. Teachers deserve decent salaries, respect and real support, not another bureaucratic burden. Otherwise, attestation, which is supposed to assess professionalism, will turn into another tool of pressure that will get to those who have not yet broken down. How the process of attestation of pedagogical workers has changed Attestation of teaching staff in Ukraine has a long history, which changed in accordance with the social, political and economic conditions of the country. Over time, the process has been transformed, but its main shortcomings have remained unchanged: increasing demands on teachers without appropriate support and incentives. Let's take a look at how attestation was carried out in the past, what has changed now and how it has affected teachers. In Soviet times, attestation of teaching staff in Ukraine was a formal procedure that was aimed at ensuring that teachers met the requirements of the state education system. Attestation was based on clearly defined standards that had little to do with the actual skills and abilities of teachers. Evaluation was done more to maintain the image of the system than to improve the quality of education. The certification process was fully controlled by the state authorities. Teachers had to undergo compulsory certification at certain intervals. Attestation took place once every five years and teachers received qualification categories that affected their salaries and status in the education system. Although a system of professional development existed, it was more nominal. Most teachers took professional development courses only to fulfil formal requirements. After independence, Ukraine retained many features of the Soviet attestation system but tried to introduce certain changes over time. Until the latest changes, the attestation system remained bureaucratic. As before, attestation was carried out every five years. The main purpose was to confirm teachers' qualification categories. Teachers were evaluated by a special attestation commission, which consisted of school administration, trade union representatives and local education authorities. The assessment was based on teacher's work reports, analyses of lessons attended and documents confirming participation in seminars and professional development courses. Attestation was related to the assignment of qualification categories (specialist, specialist of the second, first and highest categories). A teacher's salary depended on the category. The process remained formal and often did not correspond to the real quality of teachers' work. Bureaucratisation and lack of funding prevented the creation of a real motivation system for teachers. Teachers were often required to report and participate in seminars without real changes in the teaching process. In 2023, the Ministry of Education and Science of Ukraine announced new changes to the Regulation on Attestation of Pedagogical Employees. The changes are aimed at improving the quality of education and simplifying the attestation process, but for many teachers they have become an additional burden. The new requirements have added even more burden to the routine work of teachers. Teachers now have to fulfil a greater number of criteria concerning both professional achievements and the use of modern technologies in teaching. An important component of the new system has been the assessment of pupils' progress. This has caused much discussion, as success depends on many factors that the teacher cannot always influence (social status of the family, material and technical support of the school, etc.). Teachers are now required to take regular refresher courses and participate in professional seminars. While this could be a positive aspect, many teachers note that they are forced to take these courses formally, with no real opportunity to put the knowledge into practice. Attestation commissions now have more autonomy, but this has also led to differences in approaches to attestation in different regions. With the increase in the number of criteria for certification, teachers are under more pressure. Many teachers complain that they have to spend more time preparing for certification than actually teaching. The constant pressure to meet new requirements and ensure high student results leads to stress and emotional burnout. Teachers note that the bureaucratic approach to assessing their work creates additional difficulties instead of support. Despite the new requirements, the financial situation for most teachers has not improved. Salaries remain low and additional responsibilities and requirements are not accompanied by appropriate financial incentives. Due to the increasing workload and lack of adequate conditions, many teachers are leaving the profession. This process only exacerbates the shortage of qualified teachers in Ukrainian schools. It is obvious that despite attempts to update the system of certification of teaching staff in Ukraine, most of the changes do not address the main problems, such as low salaries, insufficient support from the state and excessive bureaucratisation. The state should realise that in order to improve the situation it is necessary not only to introduce new criteria, but also to provide real support for teachers, in particular financial support, and to create conditions for their professional development that would meet modern requirements. Attestation of teaching staff abroad Attestation of teaching staff in foreign countries differs significantly from the Ukrainian system and can serve as an example for the introduction of more effective approaches to the assessment of teachers' professional performance. For example, in Finland, which is known for its high-quality education system, teacher certification is practically absent in the usual sense. In Finland, the emphasis is on teacher training and professional autonomy. Teachers receive a high level of academic training while they are still in higher education, as a master's degree is compulsory. However, teachers regularly participate in continuing education and professional development. At the same time, there is no formal appraisal system, but rather student learning outcomes are assessed. In turn, continuous professional development is voluntary and at the same time strongly encouraged by the state. In the US, teacher certification is regulated at the state level, so systems may vary. In general, however, the process involves: Regular reviews and evaluations. Administrators or head teachers observe lessons and evaluate teaching skills and ability to work with students. Professional development. teachers have the opportunity to take professional development courses. Many states require teachers to obtain certificates or licences to prove their knowledge and skills. Evaluation based on student performance. in some states, student performance on standardised tests is an important part of certification. This is controversial because student performance depends on many factors. Canada uses teacher evaluation systems similar to those in the United States, but with certain features. In some provinces, teachers must undergo regular observations and evaluations at different stages of their careers. For example, novice teachers undergo frequent examinations and supervision to test their ability to handle the classroom. Teachers must also undergo periodic professional development courses. As in the US, student results also affect teacher appraisals. In the UK, teacher certification is done through a system known as OFSTED (Office for Standards in Education), the national regulator of educational quality. Appraisal takes place through supervision and inspections, during which lessons are examined. Supervisors can come to lessons unannounced to assess a teacher's professionalism. Great emphasis is placed on pupils' results, progress and level of knowledge. Teachers are required to participate in professional development programmes and this is also taken into account in the appraisal process. Singapore, one of the countries with the most successful education systems, has introduced a comprehensive system of teacher appraisal and professional development. All teachers are required to undergo stages of regular performance evaluation based on the following criteria: performance evaluation - includes lesson observation, teacher self-assessment and student surveys; learning outcomes - student progress plays an important role; professional development - teachers should participate in continuous professional learning programmes, which are also taken into account in the evaluation. As we can see, foreign teacher appraisal systems show that the effectiveness of appraisal often depends on teachers' professional development, autonomy and support system. In many countries, teachers do not experience excessive pressure of bureaucracy, and the process of evaluation of their work is more aimed at helping them develop professional skills rather than punishing them. So, Ukrainian education is on the edge of the abyss, and the next innovations of the Ministry of Education and Science are only bringing it closer to disaster. The new certification requirements have become an additional burden on teachers who are exhausted by bureaucracy, low salaries and lack of real support. Instead of improving the working conditions of teachers, we see a mass exodus of professionals from a system that exhausts them. The question is, who will stand in front of the classroom tomorrow when today's teachers leave the profession? Unless we stop this process and offer real changes - higher salaries, less bureaucracy, support for professional development - Ukrainian education risks being left without those who create it. Famous personalities have long spoken about what a society without education is like, so it would be useful for officials from the MES to listen to them: "Without education, nations quickly turn into obedient slaves ’ - Jean-Jacques Rousseau. "A society that does not invest in education prepares the ground for its own decline ’ - Heinrich Heine. ‘Without education, society is a mob, easier to manipulate than to develop’- William Dubois. "A people deprived of education is like a man without eyes ’ - Konstantin Ushinsky. "Education is the most powerful weapon that can be used to change the world. Without it, the world will remain in the chains of ignorance.’ - Nelson Mandela. "The darkness of ignorance feeds all forms of evil, and lack of education feeds the darkness ’ - Thomas Jefferson. ‘Without education, society lives for today without building a future for itself ’ - John Dewey. "Education is the guardian of liberty. Without it, society will be confined to a framework of blind obedience ‘ - George Washington.

In wartime and during mobilization, for a special period of deferment from the draft due to the state of health, conscripts are granted for a period of 1 to 6 months, depending on the disease (injuries, wounds, contusions, mutilations) and the expected duration of treatment. After the end of the deferment, conscripts are examined to resolve the issue of suitability for military service.

Medical examinations should currently last no more than 14 days.

In the event that a person is recognized as unfit with exclusion from military registration, the relevant decision must be approved by another VLK higher in status.

As for diseases, conditions and physical disabilities that determine the degree of suitability for military service, service in the military reserve, the following diseases will be considered unfit for military service with exclusion from military registration in accordance with Appendix 1, for example:

  • active tuberculosis of the lungs with the release of mycobacteria and (or) in the presence of decay of lung tissue; active, progressive tuberculosis of other organs of extrapulmonary localization;
  • severe forms of chronic viral hepatitis B15-B19, which are difficult to treat and significantly disrupt the functions of organs and systems
  • disease caused by HIV (progressive), with immune decompensation;
  • malignant neoplasms of all localizations: lips, oral cavity, pharynx C00-C14; digestive organs C15-C26; respiratory organs and chest C30-C39; musculoskeletal; and connective tissue, melanoma C40-C49; urogenital organs C50-C68; eye, brain and other parts of the central nervous system C69-C72; thyroid gland and other endocrine glands C73-C80, metastases from unspecified locations – primary (secondary) in the presence of distant metastases and the impossibility of radical surgical treatment
  • all diseases of the thyroid gland (excluding neoplasms) E00-E07; all types of diabetes and other disorders of glucose regulation E10-E16; disorders of other endocrine glands E20-E35; insufficient and excessive nutrition, metabolic disorders (all types of obesity, functional hyperbilirubinemia, lipomatosis) and other E40-E90 with significant functional disorders
  • schizophrenia, schizotypal and delusional disorders, affective disorders with frequently recurring phases;
  • behavioral syndromes, disorders of personality and emotions F50-F69; F80-F99 (related to eating disorders, non-addictive substance abuse); behavioral and emotional disorders in adolescence (hyperkinetic, social, emotional, unspecified mental); disorders of personality and behavior in adulthood (paranoid, schizoid, dissocial, emotionally unstable, hysterical and others) disorders of habits and impulses, sexual identification, sexual disorders, specific disorders of speech and language, learning abilities, disorders of motor function, disorders, associated with psychological development, etc., as sharply expressed, with a tendency to repeated long-term decompensations or pathological reactions;
  • pronounced anatomical changes or defects in the position of the eyelids, orbit, conjunctiva with significant visual or motor function impairments in both eyes;
  • detachment and rupture of the retina H33, with the exception of H33.3 of any etiology in one or both eyes with progressive (or) significantly reduced visual functions and (or) after unsuccessful surgical treatment;
  • all forms of H40-H42 glaucoma in advanced and later stages in both eyes
  • violation of refraction and accommodation H52 (hypermetropia, myopia, astigmatism, anisometropia, presbyopia, etc.) myopia or farsightedness of any eye in one of the meridians more than 12.0 dptr;
  • blindness in one or both eyes; absence of one or both eyeballs;
  • stage III hypertensive disease with irreversible structural damage to target organs
  • heart failure IIB-III stage;
  • severe persistent bronchial asthma;
  • hernia K40-K46 (inguinal, femoral, umbilical hernia, abdominal wall hernia, diaphragmatic hernia, other and unspecified hernias of the abdominal cavity) – with significant functional disorders;
  • arthrosis and other lesions of joints M15-M19, M22-M25 (polyarthrosis, coxarthrosis, gonarthrosis, other arthrosis, lesions of the patella, intra-articular lesions of the knee and other joints); diseases of soft tissues M60-M79 (diseases and lesions of muscles, synovial membrane and tendons, bursopathy, enthesopathy, shoulder lesions); osteopathies and chondropathies M80-M94 (osteoporosis of bones with or without pathological fracture, osteomalacia in adults, delayed fracture union, stress fractures, fibrous dysplasia of bones, osteomyelitis, osteonecrosis, Paget’s disease, juvenile osteochondrosis of bones (except spine), other osteochondropathies and lesions cartilage) – with significant and moderate dysfunctions;
  • diseases of the spine (dorsopathies) and their consequences M40-M54 (kyphosis and lordosis, scoliosis, osteochondrosis of the spine, spondylolysis, spondylolisthesis, lesions of the intervertebral discs, other dorsopathies) – with significant functional disorders;
  • injuries of the spine, spinal cord, blood vessels, nerve plexuses and peripheral nerves S22, S24, S25, S32 (fracture of the spine at any level, fracture of the vertebra, vertebral arch, spinous, transverse process, dislocation, subluxation of the vertebra, rupture of the intervertebral disc; rupture, compression, shock, swelling and hemorrhage of the spinal cord) injuries of the spine, spinal cord, blood vessels, nerve plexuses and peripheral nerves S22, S24, S25, S32 (fracture of the spine at any level, fracture of a vertebra, vertebral arch, spinous, transverse process, dislocation, subluxation of the vertebra, rupture of the intervertebral disc, rupture, compression, concussion, swelling and hemorrhage of the spinal cord) – with significant functional disorders.
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This is far from a complete list of diseases, but the most relevant for the general public. In any case, the diagnosis of a specific disease is established exclusively by a doctor.

How to independently determine whether your disease falls under which category according to the updated list and how to deal with it in general?

In practice, the application of this Regulation will look as follows:

  • See Appendix 1 to the Resolution – Schedule of diseases, conditions and physical disabilities that determine the degree of suitability for military service, service in the military reserve;
  • Next, we look for our diagnosis in Appendix 1;
  • Next, we open Appendix 2 – Explanation of the application of the articles of the Schedule… and find the article to which your diagnosis refers, and see which item of this article it is assigned to;
  • Next, open Appendix 1 again and see the conclusion;
  • We open Appendix 3 – Table of additional health requirements and determine whether there are additional signs of unfitness for a certain type of service.

It is clear that these changes have just entered into force and many more questions will arise during the specific work and application of the norms. The main thing in any matter is not to be afraid to defend your rights and interests.

 

Photo of Fact news Fact news07.05.2024
0 127 6 minutes read
Photo of Fact news

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