Appeal of the Military Medical Commission Decision
The Law of Ukraine “On Military Duty and Military Service” provides for the medical examination of Ukrainian citizens during mobilization in the manner prescribed by this law. The procedure for conducting the examination is regulated by the Regulation on Military Medical Expertise in the Armed Forces of Ukraine, approved by the order of the Minister of Defense of Ukraine dated August 14, 2008, No. 402 (hereinafter referred to as Order No. 402).
The main purpose of this medical examination is, among other things, to determine the fitness for military service based on the health condition of conscripts, servicemen, reservists, and those liable for military service. Only with a positive conclusion from the Military Medical Commission (hereinafter referred to as VLC) is a person called up to fulfill their military duty.
However, in practice, there may be cases where, for various reasons, a person disagrees with the conclusions outlined in the decision of the respective VLC.
Current legislation provides for the possibility of appealing such decisions in two ways:
- through a pre-trial procedure
- through a court procedure.
Further details on the specifics of these methods will be provided below.
According to current legislation, military medical commissions (regular and irregular) are established to conduct military medical expertise. Regular VLCs are military medical institutions (Central Military Medical Commission; regional VLCs). Irregular continuously operating VLCs (medical-flight commissions, hereinafter referred to as VLC) include: hospital VLCs; garrison VLCs; medical-flight commissions; VLCs of the Air Assault Forces; VLCs of the Territorial Centers for Recruitment and Social Support (TCRC and SS); VLCs of the Ground Forces of the Armed Forces of Ukraine; VLCs of the Special Operations Forces of the Armed Forces of Ukraine; and VLCs of other healthcare institutions under communal or state ownership.
Both regular and irregular (permanent and temporary) VLCs (medical-flight commissions) issue decisions. VLC (medical-flight commission) decisions are formalized with a disease certificate, a VLC report, or a protocol from the regular military medical commission meeting.
Pre-trial appeal procedure
To appeal a VLC decision through administrative channels, it is necessary to apply to a higher-level VLC than the one that issued the contested document. This could be the regional VLC or the Central VLC, which holds the highest position in this structure. Decisions of lower-level VLCs can be appealed to regional VLCs, and decisions of regional VLCs can be appealed to the Central VLC. Decisions of the Central VLC can only be appealed in administrative court.
An appeal of the VLC decision in the administrative procedure is submitted in the form of a complaint, in which the grounds for the appeal must be stated, along with a request for a repeat medical examination. The complaint must be accompanied by the VLC decision being appealed and, if available, the results of previous medical examinations and other documents that confirm the seriousness of the illness, injury, or wound, based on which the repeat examination is requested (e.g., hospital discharge papers, medical history, medical card, etc.).
The complaint and accompanying documents can be submitted in person to the higher VLC or sent by registered mail with a description of the contents and a delivery receipt to the higher VLC’s address.
The complaint is reviewed in accordance with the procedures and timeframes established by the Law of Ukraine “On Citizens’ Appeals.”
Please note that appealing a VLC decision does not suspend its effect.
Following the review of this complaint, the higher-level VLC may recognize the complaint as justified and either review the contested decision itself or refer the individual for a control examination and medical review at a different healthcare institution than the one where the initial examination took place.
A VLC decision is annulled if the previous VLC decision, at the time it was made, did not comply with the law and/or was made based on invalid documents.
Court appeal
Filing a lawsuit is an independent means of protection.
Appealing a VLC decision in court is carried out in accordance with the Administrative Procedure Code of Ukraine.
An appeal to the court can be made either directly without pursuing an administrative appeal or after prior pre-trial appeal.
To appeal a VLC decision in court, it is necessary to submit the relevant claim to the administrative court at the location of the VLC or the claimant’s place of residence.
As part of securing the claim, a motion can be filed to suspend the effect of the contested VLC decision until a decision on the merits is made. This will temporarily suspend the effect of the VLC decision.
The deadlines for appealing a VLC decision in court are limited:
- 6 months from the date the VLC decision was received, if it was not appealed through administrative channels;
- 3 months from the date the higher VLC decision was received following the complaint review, if the decision was appealed to the higher VLC.
There are often questions about what grounds can be used to appeal VLC decisions, as the law does not provide an exhaustive list. In practice, grounds have included: violation of the medical examination procedure (for example, an examination by a doctor of the wrong specialization); failure to take into account an existing illness, injury, or wound; assigning a lower degree of impairment of bodily functions due to illness, injury, or wound than is actually present; failure to take into account the interrelationship of two or more illnesses, injuries, or wounds.
It should be noted that the court cannot perform the function of VLC doctors, meaning it cannot confirm or change a medical diagnosis (determine whether a person is fit or unfit for military service), as this authority belongs exclusively to the doctors. Courts are not specialized institutions in the medical field. However, the court, within its jurisdiction, verifies the legality of the VLC decision in the context of compliance with the procedure for its adoption.
To file an administrative lawsuit, a court fee of 0.4 times the subsistence minimum for able-bodied persons must be paid (as of January 1, 2024 – UAH 1211.20), except in cases where the individual is exempt from paying court fees.
Considering the above, we assure you that appealing a VLC decision is entirely feasible. If you have valid grounds to appeal a VLC decision, you can do so using one of the outlined methods or apply both at once.
For more detailed consultation from a lawyer in Kyiv, Ukraine, you can contact the specialists of the legal company “First Legal” by filling out an application form on our website or simply calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.