Appeal of the conclusion of the Military Medical Commission

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Appeal of the conclusion of the Military Medical Commission

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Passing the military medical commission (MMC) is a mandatory stage during mobilization, as well as when being discharged from military service due to health. But despite the legal regulation of the passing of the Military Medical Commission, not everything always happens within the framework of the law. That's when many questions arise about what to do next, whether it is possible to challenge the conclusion of the Military Medical Commission and where to start doing it.

Is it possible to challenge the conclusion of the Military Medical Commission?

Yes, you can. Like any other document, the conclusion of the Military Medical Commission is subject to appeal. Of course, it is difficult for military personnel who are on duty to do this, but with the help of a lawyer or a lawyer, everything is quite possible.

Ways of challenging the conclusion of the Military Medical Commission

  • To the commission of the highest level. That is, the conclusions of the city Military Medical Commission are appealed to the oblast, and the oblast, in turn, to the regional Military Medical Commission. Also, the conclusions of all levels of the Military Medical Commission can be appealed to the Central Military Medical Commission.
  • Directly to court. The conclusions of the Military Medical Commission at any level can be challenged in court in the order of administrative proceedings.

Deadline for appeal

In this case, the general terms of appeal, which are provided by the CASU, are applied, i.e. 6 months from the moment of receiving the opinion of the Military Medical Commission, if it was not appealed to the Military Medical Commission of a higher level, or three months, if such a conclusion was appealed to the Military Medical Commission of a higher level.

Grounds for appeal

The main reason for contesting the conclusion of the Military Medical Commission is the admission of violations during its implementation, failure to take into account medical documents confirming the state of health of the person. If possible, it is necessary to provide all medical documents confirming the actual state of health of the person contesting the conclusion of the Military Medical Commission.

How long does the appeal process take?

It is difficult to predict the exact period of time, because it depends on the chosen method of appeal, as well as on the correctness of the application for appeal. But with the help of a lawyer, this term can be really accelerated, because he will be able to control the appeal process, which will help avoid abuses by the higher-level Military Medical Commission or the court.

To which court to appeal

Jurisdiction of such cases is determined by the CAS, as a general rule, based on the location of the Military Medical Commission. But with the help of military lawyers, this can be done remotely, for example through the "electronic court".

 

Is it possible to challenge the conclusion of the Military Medical Commission independently?

Yes, you can. But it is worth taking into account the fact that it must be done legally correctly, since an incorrectly submitted application or insufficient justification of the reason for the appeal can serve as a basis for refusing and leaving the initial conclusion of the Military Medical Commission in effect.

So, if you understand that your rights are being violated, do not delay. After all, a timely appeal to a military lawyer will help you feel confident and protected in any situation.

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