Appealing the decision of the Military Medical Commission (MMC)

The Military Medical Commission (MMC) is a body that conducts a medical examination of persons performing military duty and determines their suitability for military service. Sometimes such persons do not agree with the conclusions of the MMC, considering them unfounded. In such cases, there is a need to appeal the decision of the MMC.

According to the Regulation on military medical examination of the Armed Forces of Ukraine, a person has the right to appeal the opinion of doctors and undergo a re-examination in a military medical institution. There are several ways to do this.

Appeal of the decision of the MMC in the pre-trial procedure

It is carried out by submitting a complaint to the higher-level MMC within three months from the day of receiving the opinion. Attached to the complaint are copies of the contested opinion of the MMC and medical documents confirming its unfoundedness.

The complaint is considered within one month from the day of its receipt. Based on the results of its consideration, the higher MMC can agree with the conclusion of the primary MMC or cancel it and appoint a new medical examination to make a final decision on the suitability of the complainant.

Appealing the decision of the MMC in court

It is carried out by submitting a statement of claim to the administrative court at the location of the MMC or the place of residence of the plaintiff within six months from the date of receipt of the opinion. Copies of the same documents as in the case of a pre-trial appeal are attached to the lawsuit. It should be taken into account that an appeal through a court can be implemented without using a pre-trial procedure, however, an appeal against the decision of the central MMC is carried out exclusively through a court.

The claim is considered from two months from the date of its receipt. In Kyiv and the Kyiv region, from one year due to court congestion in connection with the liquidation of the district administrative court of Kyiv.

The key nuance of this procedure is that the court does not have the competence to determine the legality of the decision of the MMC based on the applicant’s medical indicators, the court can verify the legality of the conclusion of the MMC only in terms of compliance with the procedure for its adoption.

In addition, any kind of appeal does not stop the effect of the decision of the MMC, and therefore it is necessary to appear for further calls of the territorial recruitment center to perform the relevant military duties. Ignoring such calls may lead to the initiation of criminal proceedings. In this regard, during the court appeal, it is advisable to also submit to the court an application to suspend the action of the contested decision before the date of entry into force of the final court decision.

Assistance of experienced lawyers in appealing the decision of the MMC

It is recommended to seek help from a qualified lawyer to successfully appeal the decision of the MMC. Contact the lawyers of our firm, and we will help you appeal the decision of the MMC if there are reasonable grounds for this.