THE PERSON’S RIGHT TO APPEAL THE DECISION OF THE MILITARY MEDICAL COMMISSION AND THE APPEAL PROCEDURE

Before mobilization, any person must pass a medical examination, i.e. Military Medical Commission (military medical examination), in order to establish fitness and state of health for military service. According to the order of the Ministry of Defense of Ukraine № 402 on the approval of the Regulation on military medical examination in the Armed Forces of Ukraine, Military Medical Commission, i.e. commissions: full-time and part-time, are created to conduct medical examination (military medical examination). These commissions make resolutions/decisions, which are formalized by a certificate of illness, a certificate of the Military Medical Commission, a protocol on the determination of certain injuries (contusions, wounds, mutilations, etc.).

The medical examination during the commission includes an assessment of the person's state of health at the time of application, since the state of fitness, limited fitness, or complete unfitness for military service is established when passing the commission to determine the state of health and physical development.

Each conscript is examined by a surgeon, a therapist, a neurologist, a psychiatrist, an oculist, an otorhinolaryngologist, a dentist, a dermatologist, and, if there are medical indications, by doctors of other specialties.

But in practice, there are many cases when the procedure for conducting a military medical commission is violated, which subsequently leads to an improper conclusion about the state of health and fitness for military service. In such a case, any person (military conscript, serviceman) has the right to appeal the conclusion of the Military Medical Commission, but on certain grounds.

Such reasons can be: an undetected illness, a violation of the procedure of passing the Military Medical Commission, or an error of the Military Medical Commission. That is, there must be clear violations or errors. You can also specify a certain list of grounds for appeal:

• the presence or absence of a disease that was diagnosed by a doctor of the wrong specialization;
• the wrong degree of impairment of the body's functions due to the disease is selected (according to the Schedule of diseases, conditions and physical defects);
• The Military Medical Commission did not specify individual fitness according to the possibility or impossibility of performing military duties.

However, we emphasize that it will not be possible to appeal the decision of the Military Medical Commission without a clear reason, since the appeal algorithm can only work if there is an error on the part of the commission.

If the person still decided to appeal the decision of the Military Medical Commission, then there are several options for reviewing the decision: directly with the Military Medical Commission itself (that is, when deciding to conduct a repeated medical examination), the Military Medical Commission of the territorial recruitment and social support center (TCC and SP, in the past - the military commissariat) of the appropriate oblasts, cities, such Military Medical Commission have the right to revise the resolutions of the Military Medical Commission of the RTCC and SP. An appeal can be made to the Military Medical Commission of the region or referred to the Central Military Medical Commission for consideration. Also, the direct way to challenge the decision and protect one's rights is to appeal in court.

If the person decided to file a complaint against the decision of the Central Administrative Court to the Central Administrative Court, then a certain list of documents that were available to the person and issued by the Central Administrative Court must also be added to the application. In the application, it is necessary to indicate the grounds on which the person refers and indicate the reasons for revising the resolution.

After consideration of the application, a decision may be made to conduct a second medical examination for the final determination of suitability for military service and to resolve the disputed issue.