Legal position in the case of a military serviceman

In this case, servicemen write a report about the impossibility of carrying out the order due to health reasons.

Such a report must necessarily indicate the reasons for the impossibility of carrying out the commander's order (health condition, poor health, need for treatment, etc.). The report must necessarily include documents confirming the health condition. If necessary, the report may require a referral for a medical examination, treatment, or examination by the VLK.

In most cases, if a serviceman has submitted a report on the impossibility of executing an order due to health reasons, he is sent for a medical examination and a military medical commission. If the Military Medical Commission confirms medical problems and objective reasons for which the order was not executed, one can count on the absence of problems from the side of the law. If this does not happen, an official investigation into the fact of refusal to execute the order and criminal proceedings under Article 402 of the Criminal Code of Ukraine may be initiated.