Chapter 4. Observing the rights of military personnel, police officers, retired military service personnel, veterans and their family members In October 2019 the Commissioner made a submission to the Ministry of Defence on preventing the conscription of persons unfit for military service. As a result of this submission, in November 2019, the Minister of Defence acted to bring the Regulations on military medical examination in the Armed Forces of Ukraine into alignment with the requirements of Article 70 of Law of Ukraine 2801-XII “Fundamentals of the Legislation of Ukraine on Health Care” of 19 November 1992, under which the health condition of conscripts must be assessed by a collegial body – the military medical commission. 95 RECOMMENDATIONS To the Ministry of Defence of Ukraine – bring the provisions of Chapter 2 of Section II of the Regulations on Military Medical Examination in the Armed Forces of Ukraine, approved by Ministry of Defence of Ukraine Order 402 of 14 August 2008, into alignment with Article 70 of Law of Ukraine 2801-XII “Fundamentals of the Legislation of Ukraine on Health Care” of 19 November 1992, in terms of mandating the military medical commissions of military commissariats to determine the fitness of conscripts for military service, and ensuring adequate medical examination of citizens called up for military service. 4.2. Rights of Ukrainian military personnel in captivity During 2019, the Commissioner received numerous reports of systematic human rights violations committed by public officials of the Russian Federation and representatives of illegal armed groups. These reports were submitted by lawyers and members of the families of military personnel of the Armed Forces of Ukraine who were captured by the Russian Federation on 25 November 2018 in the Kerch Strait, and of military personnel and police officers detained by illegal armed groups in Donetsk and Luhansk oblasts. Ignoring the right to liberty and security of the person During the anti-terrorist operation (hereafter OUF) in certain areas in Donetsk and Luhansk oblasts, hundreds of military personnel and police officers were detained by representatives of illegal armed groups formed in violation of Ukrainian legislation. CHAPTER 4 To the Verkhovna Rada of Ukraine – expedite consideration and adoption of draft Law of Ukraine 2343 “On Amendments to the Law of Ukraine “On Protection of Military Servants and Their Family Members” of 29 October 2019 on granting military personnel the following: paid additional leave provided by law for combatants; study leave; leave to meet with their spouses; and leave for personnel who have two or more children or a child with a disability at special times. The law would also allow veterans to retain the right to remain in the queue for military service housing.

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