Senior lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: We challenged a Military Medical Commission decision in Kyiv and secured a finding that the serviceman was unfit for service
A former serviceman contacted Prikhodko & Partners Law Firm after encountering difficulties with the assessment of his medical fitness following his discharge from military service.
The man had been referred for examination by a Military Medical Commission (MMC), which found him partially fit for military service.
However, the client disagreed with this finding because he believed that the assessed level of fitness did not reflect his actual health condition.
The lawyers’ main objective was to challenge the earlier MMC finding, secure a referral for a repeat medical examination, and ensure proper consideration of the client’s fitness for military service.
What made the situation complex?
Following his discharge, the client underwent an MMC examination to determine his fitness to perform further military duties.
The medical examination resulted in a decision that the man was partially fit for military service. However, the client had grounds to disagree, as he believed that his health condition required a different assessment.
Under the Regulations on Military Medical Examination in the Armed Forces of Ukraine, approved by Ministry of Defense Order No. 402 of August 14, 2008, fitness is assessed by reference to established diagnoses, functional impairments, and the relevant articles of the Schedule of Diseases.
If an MMC finding does not reflect a person’s actual health condition, the law allows it to be reviewed, including through a repeat or follow-up medical examination.
In the client’s situation, it was important to properly substantiate the need for a repeat MMC examination and secure an administrative review of the earlier decision.
How did the lawyer help challenge the MMC decision?
The lawyers at Prikhodko & Partners began by analyzing the client’s situation and preparing a legal position for reviewing the Military Medical Commission’s finding.
The legal support included the following steps:
- Analyzing the earlier MMC finding. The circumstances of the medical examination and the grounds on which the client’s fitness for military service had been assessed were examined.
- Preparing a legal position for the challenge. The need to review the earlier MMC decision was substantiated in light of the client’s health and the legal requirements governing military medical examinations.
- Submitting a complaint to the Kyiv City Territorial Recruitment and Social Support Center. A review of the assessed fitness level and the need for a repeat medical examination was initiated.
- Obtaining a referral for a repeat MMC examination. Following consideration of the submission, the client was given the opportunity to undergo another Military Medical Commission examination to determine his fitness for military service.
After receiving the referral, the man underwent another medical examination. The repeat MMC examination resulted in a new decision declaring the client unfit for military service.
The decision stated that it was based on Articles 67-a and 74-a of Column II of the Schedule of Diseases.
The matter was therefore resolved through an administrative procedure without the need to go to court.
Outcome: the repeat MMC examination found the client unfit for military service.
Legal assistance with challenging an MMC decision
If you disagree with a Military Medical Commission finding, believe that your conditions were not taken into account during the medical examination, or consider that your fitness for military service was assessed incorrectly, the decision may be challenged where appropriate grounds exist.
The lawyers at Prikhodko & Partners will help analyze the MMC finding, review medical documents, prepare a substantiated complaint, secure a repeat medical examination, and, where necessary, provide support for challenging the Military Medical Commission’s decision in court.
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