Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Appeal of the military medical commission
Who can appeal the decision of the MMC?
In general, the right to appeal is available to:
- personnel liable for military service who are undergoing a medical examination for mobilization, acceptance into a contract, or are registered for military service;
- military personnel who are serving and have been deemed fit.
The decision may be appealed by the person in whose regard it was issued, or by their representative—a lawyer or legal representative. If a claim is filed in court, representation by a lawyer significantly improves the quality of the defense, as disputes have both legal and medical aspects.
The period for appealing the decision of the MMC
The period for appealing the decision of the MMCThe decision of the military medical commission (MMC) directly impacts the rights and obligations of a conscript or service member. This decision determines whether the individual is fit for service, subject to discharge for health reasons, or even removal from military registration. Therefore, the law provides for the right to appeal it.
The general rule is that a complaint against a decision, action, or inaction of a public authority may be filed within one year of the decision, but no later than one month from the date the individual learned of it. This means that the time limit begins when the individual has actually read the MMC’s decision.
At the same time, delaying the filing of a complaint or lawsuit can have negative consequences. Even if the court formally accepts the application, delaying the filing of a complaint or lawsuit complicates the protection of rights, as further actions may already be underway based on the existing conclusion. Therefore, it is recommended to begin the appeal process immediately after receiving the commission’s decision.
The procedure for appealing the decision of the MMC
The procedure for appealing the decision of the MMCAn appeal can take place in two main ways:
- Administrative procedure. A complaint can first be filed with the highest-level military medical commission. For example, a decision of a district or garrison military medical commission can be appealed to a regional or central military medical commission. The complaint must include a justification for the violations, explaining why the decision is erroneous, and include medical documents, examination results, and independent medical opinions.
- Judicial procedure. If the highest authority upholds the decision or the individual wishes to immediately appeal to the court, an administrative claim is filed. The court has the right to declare the military medical commission’s decision unlawful and order a retrial. However, courts do not conduct independent medical examinations.
Preparing evidence is an important step. General statements about “feeling unwell” alone won’t be enough. It’s important to gather supporting evidence: diagnostic results, expert opinions, and certificates from medical institutions. The more convincing the documentation, the higher the chances of success.
Can I be mobilized during an appeal against the MMC?
Can I be mobilized during an appeal against the MMC?One of the most frequently asked questions from conscripts is whether mobilization is possible if they challenge the MMC’s decision. The law does not expressly provide for an automatic “suspension” of the decision pending an appeal. This means that a person may formally be deemed fit and subject to mobilization even if they have filed a complaint.
However, if a prompt response is not forthcoming, situations often arise where an individual is not mobilized if they immediately disagree with the MMC’s conclusion and while this decision is being appealed to a higher commission.
At the same time, if we’re talking about going to court, there’s a tool available in the legal process — securing a claim. A person can request the court to temporarily suspend the contested decision until the case is finally heard. If the court grants such a request, the conscript cannot be mobilized until the decision is made.
Appealing the decision of the MMC: judicial practice
Several important conclusions can be drawn from the analysis of administrative court decisions:
- The courts oversee the procedure, not the medical substance. That is, they verify whether the agency followed the rules for conducting the examination, but they do not determine which diagnosis is correct.
- The Central Military Medical Commission is the final authority on medical matters. If there are doubts regarding the accuracy of a diagnosis or its inclusion in the Schedule of Diseases, the Central Military Medical Commission has the authority to resolve the dispute.
- Inaction is also subject to appeal. Failure to refer a person for an examination or to issue a Military Medical Commission certificate is also grounds for filing a lawsuit.
- Evidence is key. To support your claims, you must provide documents: medical reports, copies of applications, commission responses, and hospital certificates.
Judicial practice shows that cases involving violations of the decision-making procedure are promising. In particular:
- failure to conduct an examination by certain specialists as required by regulations;
- a formal medical examination without an actual examination;
- improper completion of the MMC certificate (incomplete data, missing signatures, incorrect format);
- failure to provide the individual with a report or a copy of the certificate;
- refusal to refer for a medical examination or delay in conducting one.
However, there are also negative practices. Courts are not authorized to independently evaluate diagnoses or determine whether a particular disease complies with the articles of the Schedule of Diseases. In its ruling, the Supreme Court noted that the evaluation of a medical diagnosis and determination of suitability falls exclusively within the purview of military medical commissions, with the final decision in complex cases made by the Central Military Medical Commission.
A similar approach is reflected in another Supreme Court ruling. It emphasizes that the court has no right to analyze the professional actions of physicians who are members of the MMC, their examination methods, or the accuracy of their diagnoses. Such matters require specialized medical expertise, which the court does not possess.
Therefore, if a person is only dissatisfied with the medical report itself (for example, “suitable” instead of “unsuitable”), an appeal to the court will have no practical effect. Consequently, challenging the MMC’s decision in court is only effective when the decision-making process was violated or the agency’s inaction is documented.
Appealing the MMC’s decision with the help of “Prikhodko & Partners” lawyers
“Prikhodko & Partners” Law Firm specializes in this category of cases. Clients regularly contact us with similar requests. We provide assistance in the following formats:
Consultation. It helps you understand the appropriate course of action and which legal regulations to rely on in a specific case. You won’t have to search for a solution yourself and get lost among hundreds of pieces of advice online, which often contradict each other or refer to outdated legal provisions.
Assistance in drafting an application. The accuracy and validity of the wording significantly impacts the outcome of the review. Therefore, it’s advisable to seek the assistance of specialists who have successfully drafted such applications many times.
Full legal support for appealing a MMC decision to the Central MMC or in court. This minimizes the risk of losing your case, as our assistance is provided by experts with extensive experience and a vast number of successful cases.
Calculate the cost of services
1 question
Do you disagree with the decision of the Military Medical Commission?
2 question
Do you need help with filing an application for an appeal against the Military Medical Commission?
3 question
Did you receive a refusal to review the decision from the Central Military Medical Commission?
4 question
Are you conscripted?
5 question
Are you a military serviceman?
Is it possible to get a consultation online if it is not possible to come to the office?
Of course. We provide consultations both online and in the office. Online consultation is possible in any convenient way for the client. It can be a video call through a convenient messenger or a video conference format.
Is it possible to sign a contract with a attorney/lawyer and then apply if necessary?
Yes, we practice such service. You can sign a contract with our company and, if necessary, you can use our services. This will save your time in the case of an emergency application, when the help of a lawyer or lawyer is urgently needed.
Do you work only in Kyiv or throughout Ukraine?
Our office is located in Kyiv, but our lawyers and lawyers protect the interests of clients throughout Ukraine. So if you need the physical presence of a lawyer or lawyer in your case – we can provide it.
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