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Senior lawyer
Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.
Appealing the MMC through the court
Only those citizens who have no medical contraindications and are healthy can undergo military service. In order to establish the state of health of a conscript, it is necessary to pass a military medical commission.
The Military Medical Commission (MMC) is a body that conducts medical examinations of conscripts and military personnel to determine their fitness or unfitness for military service.
The decision of the MMC is mandatory for implementation by all state authorities, local self-government bodies, enterprises, institutions, organizations and individuals. However, if a citizen does not agree with the decision of the MMC, he has the right to appeal it through the court.
Grounds for appealing the decisions of the MMC
A citizen can appeal the decision of the MMC if he believes that the decision of the MMC is illegal or unfounded.
The grounds for appealing the decisions of the MMC include the following:
- Violation of the medical examination procedure.
- Ignoring the MMC of all available medical diagnoses and complaints of the conscript.
- Incorrect assessment of MMC medical data.
- Inconsistency of the decision of the MMC with the requirements of the law.
Deadlines for appealing decisions of the MMC
The decision of the MMC can be appealed in court within six months from the date of its receipt.
If the MMC decision was made in the form of a MMC resolution, the appeal period begins on the day following the day the citizen receives a copy of the MMC resolution.
Peculiarities of appealing decisions of the MMC
Appeals against the decisions of the MMC through the court are carried out in the order of administrative proceedings. A court fee is paid for filing a claim with the court.
In order to challenge the decision of the MMC, it is necessary to submit a claim to the court.
In the statement of claim, it is necessary to specify:
- the name of the court to which the claim is filed;
- name and address of the plaintiff;
- name and address of the defendant;
- the essence of the plaintiff's claim;
- justification of the claimant's claim;
- evidence supporting the claimant's claims.
The following documents must be attached to the claim:
a copy of the decision of the MMC, which is appealed;
other documents confirming the claimant's claims. Such documents include extracts from medical histories that were not taken into account when passing the VLC.
Legal assistance
It is recommended to seek legal assistance from a lawyer to appeal the decisions of the MMC through the court. A lawyer will help to correctly draw up a statement of claim, collect the necessary evidence and represent the plaintiff's interests in court.
Legal aid can be particularly useful in the following cases:
- In case of complex or conflicting circumstances.
- In the event that the plaintiff lacks the necessary knowledge or experience to independently challenge the decision of the MMC.
A lawyer will be able to analyze a specific situation and develop an optimal strategy for challenging the decision of the MMC. After all, high-quality legal assistance is a guarantee of respect for the rights of every citizen.
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Senior lawyer
Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.
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