The Military Ombudsman's Office explained the procedure for appealing decisions by the Medical Examination Commission
The Office of the Military Ombudsman regularly receives appeals from service members who disagree with the conclusions of military medical commissions (MMCs). Most often, these cases involve situations where, in the applicants’ view, their actual health condition or medical records have not been taken into account.
The Office of the Military Ombudsman emphasizes that it does not have the authority to review or evaluate the medical conclusions of the MMCs.
At the same time, there are specific mechanisms for appealing them.
In case of disagreement, a service member may appeal to a higher-level MMC or to a court.
The office clarifies that decisions by garrison and non-staff Medical Examination Commissions may be appealed to the regional Medical Examination Commission, and decisions by regional Medical Examination Commissions may be appealed to the Central Medical Examination Commission.
Deadlines for filing complaints
- to a higher-level Medical Examination Commission—30 days from the date of receiving the conclusion;
- to a court—up to 6 months.
The complaint may be submitted in any form but must include the basis for disagreement with the decision, a list of medical circumstances or documents that were not taken into account, and any attached medical certificates and supporting evidence.
After reviewing the complaint, the commission may revise the previous decision or order a re-examination.
The re-examination must be conducted by a different Medical Examination Commission within one month.
The court may verify compliance with the procedure, the completeness of the consideration of medical documents, and the legality of the medical commission’s decision.
At the same time, the court does not determine fitness for military service but may order a re-examination.
The Office also draws attention to cases where the Medical Examination Commission does not recognize injuries as related to the defense of the homeland due to the absence of a corresponding certificate.
In such situations, military personnel may file complaints with the Office of the Military Ombudsman if the military unit fails to process the necessary documents.
The Verkhovna Rada is preparing new penalties for employees of the Territorial Recruitment Centers and members of military medical commissions. If the law is passed, officials could face up to eight years in prison for illegal conscription, falsified medical examinations, or manipulation of deferments.
The Cabinet of Ministers of Ukraine has adopted a resolution to observe August 29 as the Day of Remembrance for Defenders who died in the struggle for the independence and territorial integrity of the state.
