APPEAL FROM THE DECISION OF THE MILITARY MEDICAL COMMISSION TO THE CENTRAL MILITARY MEDICAL COMMISSION

The question of appealing the Military Medical Commission arises for conscripts who are in the reserve, as well as for military personnel who are already serving in the military. Because the main problem at the moment is high-quality examination and diagnosis. Unfortunately, in practice, there are quite a lot of cases when individuals undergo a formal Military Medical Commission, in which doctors do not get acquainted with certificates, diagnoses, complaints and other medical documents. Such a problem also arises because the territorial centers of recruitment and social support are full of people, and those who received injuries and mutilations in the service want to return sooner. That is why situations arise when those unfit for military service suddenly become fit. Because of this, these persons often indicate that they were illegally recognized as suitable and it is not at all clear in what way.

The primary reason for appealing to the Military Medical Commission is directly the desire of a person who does not agree with the results, conclusions of the examination and medical examination, to achieve a fair and correct result, arguing that the conclusion was formed without conducting a proper medical examination and examination.

In general, taking into account the judicial practice, the plaintiffs justify the illegality of the conclusion of the Military Medical Commission by pointing out that the person's existing diseases are those that exclude their suitability for military service.

Persons do not agree with the decision of the Military Medical Commission, and believe that according to the above articles of the Schedule of diseases, conditions and physical disabilities, which determine the degree of fitness for military service, only the resolution "unfit for military service in peacetime, limited fitness in wartime" can be adopted or the decree "limited fitness for military service".

Therefore, in such a case, the decision of the Military Medical Commission can be appealed to the Сentral Military Medical Commission or to the court, substantiating the reason for initiating such a review. Moreover, it is better to first appeal to the Central Administrative Court, and then to the court, because by appealing the Resolution immediately in court, you will use your opportunity to later review the decision in the Central Administrative Court.

In general, reasons for appeal may be situations when the wrong degree of impairment of body functions due to the disease is chosen according to the Table of Diseases, the totality and interrelationship of all diseases is not taken into account, when the examination by a certain doctor is formal and does not correspond to a full medical examination, as well as the diagnosis delivered by a doctor of another specialty.

Necessary documents for the appeal are a statement in which the person must indicate the reasons for the need to review the resolution. And also, the conclusion of the Military Medical Commission, the decision of which is contested and the preliminary results of medical examinations, if any.

In the application for appeal, you need to indicate the reasons for revising the resolution, indicate that violations were committed, and why you do not agree with the results of the resolution.

Thus, one of the options for considering the application may be a decision to conduct a repeated or control medical examination in order to finally resolve the question of fitness for military service.

Therefore, if you need help in appealing the Military Medical Commission to the Central Military Commission, feel free to contact the military lawyer of the Prikhodko&Partners law firm.