Friday27 December 2024
gipoteza.net

Challenging the conclusion will become more difficult: how the digital military commission will impact mobilization.

The Verkhovna Rada has passed legislation regarding the digital military medical commission (VVK) — the commission's conclusions will now be automatically sent to the "Oberih" database. Focus has explored whether this law addresses the current issues within the mobilization system.
Оспаривание заключения станет сложнее: какое влияние цифровая ВВК окажет на мобилизацию?

The Verkhovna Rada has adopted Bill No. 12066, which establishes a digital military medical commission (VMC). This law provides for the automatic transfer of medical examination data regarding military service eligibility to the "Oberih" Register of Military Obligations.

Specifically, amendments will be made to Article 24-2 of the Basic Legislation of Ukraine on Healthcare, allowing the transfer of patients' medical data to the Register of Military Obligations, which will be an exception to the current prohibition on sharing such information.

During the information exchange mandated by the new law, access to patients' medical data is not permitted, except for the transmission of medical examination results to the Ministry of Defense of Ukraine. This data will be used to determine individuals' eligibility for military service and to include them in the Unified State Register of Conscripts, Military Obligations, and Reservists. The aim of this data transfer is to ensure national security and defense, as stated in the amendments to the law.

However, the conclusions of the Main Legal Department of the Verkhovna Rada indicated that the process of entering information into the register, including the results of medical examinations, does not have a direct connection to ensuring national security and defense. Despite this observation, the members of parliament ignored the stated risks and passed the law.

According to the new amendments to the Law on the Unified State Register of Conscripts, Military Obligations, and Reservists, the Ministry of Health is required to transfer data on the results of medical examinations conducted to determine eligibility for military service to the "Oberih" register.

This information will be transmitted through electronic interaction between the electronic health system and the "Oberih" register via the "Trembita" platform.

Automatic Transmission of VMC Conclusions: What the Law Changes

"In other words, the conclusions of the VMC will be automatically transferred to the Unified Database of Military Obligations. This is necessary to ensure that the conclusions, so to speak, do not change or get lost on the way to the TCK," says Fedienko.

The adopted law does not address one of the main issues related to the VMC—the disregard by doctors for the actual health conditions of individuals. Medical professionals often overlook the illnesses of military obligations to mobilize as many people as possible.

The latest scandalous case occurred in Kyiv. A man was mobilized despite having multiple sclerosis. The VMC was conducted in an expedited manner, ignoring the medical history and diagnosis, and he was immediately sent to a training center. These issues remain unresolved. However, the VMC conclusions will now be automatically transmitted to the Unified Database of Military Obligations.

According to Fedienko, the problem of Ministry of Defense Order 402 still persists, which regulates the operations of military medical commissions. Specifically, individuals with HIV, various forms of tuberculosis, mental health issues, and those who use opioids have been mobilized into the Armed Forces of Ukraine. No significant changes are happening in this regard. The Ministry of Defense is ignoring proposed amendments to this regulation.

Digitalization of VMC: What Are the Risks

According to lawyer Rostislav Kravets, the new law does not affect mobilization or the process of VMC transfer. The automatic data transmission system does not change anything in this aspect.

There is also the question of appealing the VMC's conclusions. If the Central Military Medical Commission (CMMC) makes a decision that contradicts a previous one (for example, an individual was wrongly deemed fit or unfit), how will this affect the register? Will the previous information be deleted? It is also unclear how situations will be handled when data needs to be modified due to errors or procedural violations.

"This does not fundamentally change anything. The main goal is to create an appearance of progress to reduce societal tension. The real outcome is additional expenditures on IT developments, a new register with questionable security, as well as opportunities for certain companies to earn significant amounts from this," the lawyer believes.

Recall that a military surgeon with the call sign "Kelt" criticized the work of the VMC. According to him, newly mobilized individuals must be treated, sent for re-examination, or discharged from service. Meanwhile, the unit loses a soldier, and military doctors waste time that could have been spent assisting the wounded.