In Ukraine, individuals who disagree with the decision of the military medical commission (MMC) can appeal these decisions both in an extrajudicial and judicial manner. The appeal process through MMCs of various levels and through judicial instances involves clear procedures and deadlines that must be adhered to in order to protect one's rights.
This is reported by the Ministry of Justice of Ukraine, writes UNN.
Details
The military medical commission (MMC) assesses the health status of military personnel, determining their fitness for service. The decisions of the MMC can be appealed, as provided by Ukrainian legislation
In particular, there are two ways to appeal the decisions of military medical commissions (MMC): extrajudicial and judicial.
- Pre-trial appeal process
Complaints against the decisions of the MMC of district (city) TCC and SP are submitted according to the subordination to the MMC of the Kyiv city TCC and SP, regional TCC and SP;
Decisions made by the MMC of regional (Kyiv city) TCC and SP can be appealed to the regular MMC (Central Military Medical Commission (hereinafter - CMMC), regional MMC);
The decision of the regional MMC can be appealed to the CMMC or in court;
Decisions of the CMMC can be appealed in court;
To appeal the decision of the MMC in the pre-trial manner, it is necessary to prepare a corresponding application for the review of such a decision and attach all necessary documents issued by the military medical commission. In the application, it is important to clearly state the grounds for the appeal, for example, an error by the MMC in establishing the causal link of the disease, etc.
- Judicial appeal process
Decisions of the MMC can be appealed in court. The appeal of MMC decisions in court is carried out in accordance with administrative court proceedings. Two deadlines for filing claims are specified:
three months from the date of delivery of the decision of the higher instance of the MMC following the review of the application for the review of the decision;
six months from the day when the person learned or should have learned about the violation of their rights, freedoms, or interests, that is, from the day the decision of the MMC was made.
Recall
The Ministry of Defense has launched an electronic cabinet for military medical commissions in the Medical System of the Armed Forces of Ukraine. From April 1, 2025, the digital format will become mandatory for all MMCs, replacing paper documents.