Transgender resident of Odesa had to turn to lawyers to be excluded from military registration

A transgender man was forced to turn to the lawyers of the NGO Prozhektor for help with the preparation of military registration documents.

According to the organization, the man was eventually excluded from military registration.

The lawyer, Yelyzaveta Barashkova, assisted the man in preparing medical documents, passing the military medical commission, and also helped correct errors in the documents and filed complaints about inaction.

The fact is that the diagnosis of F64.0 (transsexualism) requires a medical examination under a special procedure (Article 18 of the Law of Ukraine "On Military Duty and Military Service"), which can lead to both a declaration of unfitness and limited fitness.

However, as noted by the NGO Prozhektor, the wording in the law is often evaluative and requires competent legal support.

"The decisive factor is a properly collected package of medical documents. The biggest problem was the lack of permanent registration," the organization noted.

The Malynovskyi District Court of Odesa ordered the state to pay 400 thousand hryvnias in compensation to Maria Vinichenko, a transgender woman, for non-pecuniary damage caused by years of illegal criminal prosecution.

The case began in 2019, when Vinichenko was charged with the production and distribution of pornography under Article 301 of the Criminal Code of Ukraine. The accusation was based on dubious evidence, but the investigation persisted in pushing the case forward, and the prosecutor's office approved the indictment.

Thecourt proceedings led to a deterioration in her psycho-emotional state, loss of her job, and conflicts with her neighbors. Despite all the difficulties, she decided to seek justice in court and demanded compensation in the amount of UAH 1 million. This was previously reported by Intent.

Кирило Бойко