Appeal of the decision of the MSEC by military personnel

Not all decisions made by Medical and Social Expert Commission (MSEC) can satisfy the citizen. Unfortunately, there are cases when servicemen, in addition to fighting at the front, are forced to defend their legitimate interests in civilian life as well. Due to certain circumstances, the military has to undergo an examination at the MSEC on the referral of the Military Medical Commission. But even in the presence of all the reasons, the decisions of the MSEC are not completely justified, and therefore they have to be appealed.

Appeal procedure

Like any other decision, the decision of the MSEC can be challenged both in the pre-trial procedure and in court.

Pre-trial appeal procedure

If a serviceman believes that the decision made by the MSEC is illegal or made with violations, he can appeal it to the higher level MSEC. For this purpose, it is necessary to submit a written application no later than one month after receiving the decision of the MSEC. In the application, indicate the violations that have been committed, as well as, if possible, provide evidence of such violations. After accepting the application to review the decision of the MSEC, the higher-level MSEC is obliged to conduct a re-examination of the serviceman within a month from the date of receipt of the application.

Judicial appeal procedure

This means that the fight for legalization of the decision of the MSEC will have to be continued in court. The term for applying to the court is no later than six months from the day when the serviceman learned about the decision of the MSEC, which he considers illegal. It is necessary to apply to the administrative court at the place of residence or location of the plaintiff or at the location of the MSEC. But it is worth noting that the court can indicate that the decision is illegal and oblige MSEC to carry out a review taking into account the conclusions set forth in the court decision.

When filing a legal appeal, you should not forget about the court fee, which must be paid by the plaintiff.

The statement of claim is drawn up in accordance with the requirements of Article 160 of the Civil Code. The plaintiff is obliged to add to the statement of claim all the evidence in his possession that confirms the circumstances on which the claims are based (if written or electronic evidence is submitted - the plaintiff can add copies of the relevant evidence to the statement of claim). It is at the stage of a court appeal that you cannot do without the help of a lawyer, because an incorrectly prepared lawsuit can serve as a reason for refusing to appeal the decision of the MSEC.

Recommendations

If you have doubts about the legality of the adoption of the decision of the Medical and Social Expert Commission (MSEC), then you should not delay and wait, if you have the slightest doubts, you should use the legal assistance of specialists so that the decision made is fair.

Military law lawyers have extensive experience in providing practical assistance to servicemen when appealing a decision of the MSEC, and therefore this is a chance for a serviceman to receive a fair decision of the MSEC.