Every citizen to be called up for compulsory military service undergoes a medical examination, which results in a conclusion on his or her fitness for service. It is this conclusion that often becomes the subject of dispute: a pre-conscript may disagree with the fitness category assigned, question the completeness of the examination or believe that his state of health should have been assessed differently. Within this service we help you with the legal assessment of the medical examination conclusion, the preparation of additional medical documentation and the exercise of the rights connected with the conclusion.
The question of re-examination matters because the fitness category has a direct bearing on the decision that the conscription commission will make regarding the citizen. An error in the conclusion may therefore be reflected both in the call-up itself and in a deferral or a release from call-up. Well-planned legal action corrects such an error in due time.
Where and by Whom the Medical Examination Is Conducted
Under the law, a citizen to be called up for compulsory military service undergoes the medical examination at the permanent military-medical expert commission operating at the assembly and distribution center. This means that the examination is conducted not by a single doctor but by a specialized commission whose status, powers and rules of work are determined by the law and by a normative act issued on its basis.
The permanent military-medical expert commission is created at the central conscription commission: its composition and rules of activity are determined by a decree of the Government of Georgia. The same decree determines the powers of the commission and the procedure for organizing and conducting the medical examination, which is established by the regulation on military-medical expertise. The detailed procedural rules connected with the conclusion therefore derive precisely from that regulation, and knowing them is decisive for each dispute.
Categories of Fitness
After the examination, the permanent military-medical expert commission issues a conclusion on the pre-conscript's fitness for military service. The law establishes the following categories of fitness:
- fit for military service;
- fit for military service with minor limitation;
- limited fitness for military service;
- temporarily unfit for military service;
- unfit for military service.
Each of these categories is reflected differently in the citizen's subsequent status. Temporary unfitness may require the question to be reconsidered at a later stage, while unfitness may be connected with release or with deferral of call-up. Which category leads to which decision is determined by the competence of the conscription commission and by other norms of the law, and for this reason each case must be assessed individually.
The Link between the Conclusion and the Commission's Decision
The medical conclusion is not itself a decision on call-up. During the call-up the decision regarding the citizen, within its own competence, is taken by the conscription commission, which is empowered to adopt one of the following decisions:
- to call up for compulsory military service;
- to defer the call-up for compulsory military service;
- to release from call-up for compulsory military service;
- to release from military duty.
The materials of the medical examination form part of the basis for precisely these decisions. For this reason, if a pre-conscripts believes that the category has been assigned incorrectly, the response must come in due time, before the conscription commission takes its final decision: this avoids a situation where the dispute is already tied to a decision that has been made.
The Central Conscription Commission
The central conscription commission is established, and its composition and rules of activity are determined, by a decree of the Government of Georgia. The commission includes a chairperson, a deputy chairperson, members and a secretary. Among the members are representatives of state agencies: the Prosecutor's Office, the Ministry of Regional Development and Infrastructure, the Ministry of Defense, the Ministry of Internal Affairs, the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs, the Ministry of Education, Science, Culture and Sport, the Ministry of Justice, the Special Penitentiary Service, the State Security Service and the State Protection Special Service. Where necessary, representatives of public organizations and other persons may be included in the commission.
The role of the central conscription commission is important as a second-level body: the detailed rules of its activity, including how decisions taken by the local conscription commission are reviewed, are determined by the decree of the Government of Georgia. The law does not regulate these details directly, so the preparation of a dispute also requires the study of that normative act.
Funding of the Examination
The treatment-and-prophylactic and health-improving measures for preparing a citizen for military service, the additional medical examination conducted for a pre-conscript to be called up for compulsory military service and the work performed by the permanent military-medical expert commission are financed from state budget allocations to the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs. This means that the examination established by law and the additional investigations are conducted at the state's expense for the citizen.
How Re-examination Works and How We Help
The law does not directly regulate the time limits and the detailed procedure for re-examining a conclusion: these rules are determined by the regulation on military-medical expertise and by other acts of legislation. A serious approach requires that the citizen know his or her rights under that regulation and that the medical documentation fully reflect the state of health. Our assistance includes:
- legal assessment of the medical examination conclusion and of the referrals issued;
- assistance in preparing additional medical investigations and documentation;
- representation before the conscription commission and challenging the relevant decision in the manner prescribed by legislation;
- determining which normative act governs your specific case.
If you or a member of your family have received a medical examination conclusion that raises doubts, do not wait until the call-up. A timely legal response prevents a prolonged dispute and makes it possible to have your state of health properly taken into account. Contact us for a consultation.