What to do if a sick man got a summons: how to appeal against the decision of the MMC
The lawyer explained that there are two ways to appeal decisions of military medical commissions (MMC) regarding fitness for military service. It is important to observe the deadlines for filing an appeal before the court.
According to the representative of the AFU Ground Forces Volodymyr Fityo, all conscripts must visit the Territorial Manning Centers. Nevertheless, there are situations when the MMC may assign fitness for service to a person who actually has medical problems. To find out how to appeal the decision of the VLC, lawyer Anastasia Tsybulko provided an explanation posted on the portal "RBC-Ukraine".
Read also: the Lawyer explained what to do if the summons was left at the door
Lukashenko explained that the list of diseases that lead to unfitness for military service is given in Order No. 402 of 14.08.2008 of the Ministry of Defense of Ukraine. This order contains the "Regulations on Military Medical Examination in the Armed Forces of Ukraine", which determines how the MMC should conduct a medical examination. If the diagnosis coincides with the diseases listed in the Regulation, the Territorial Manning Centers cannot draft a person for service.
The Regulation determining which diseases make citizens unfit for military service is presented in Annex 1, "Schedule of diseases, conditions and physical disabilities that determine the degree of fitness for military service, service in the military reserve." There are 86 items listed in this schedule.
The procedure for appealing the decision of the MMC includes the following steps:
- Gathering the necessary documents to confirm the state of health, including medical certificates, copies of medical histories and doctors' conclusions from state medical institutions.
- There are two ways to begin an appeal of a MMC decision. The first way involves filing a pre-trial appeal through the Territorial Manning Centers at different levels, starting from the city or district level. You have to go through all levels of the Territorial centre for recruitment and social support and reach the regional territorial recruitment center, where a control medical commission can be appointed. After that, if you do not agree with the decision, you can go to court and file a civil suit.
- The second option is that you can immediately file a civil action in court to appeal the decision of the MMC.
The central aspect to either of these options is adherence to the terms:
- If you begin the appeal process through the TLC, you have three months to file a lawsuit.
- If you choose to file a civil lawsuit immediately, the deadline is six months.
Lukashenko emphasized that in both cases it is important to respect these deadlines. It is also important that in case of deterioration of health in service or conscription, a citizen can file a report on his or her health condition and receive a corresponding conclusion from the MMC. In some cases, a citizen may be recognized as completely unfit for service.
We will remind, earlier in Ukraine approved a new list of diseases and conditions, according to which the fitness for military service is assessed. Also according to this list the orderly passage of service is limited to the fit.
Want to receive the most relevant news about the war and events in Ukraine - subscribe to our Telegram channel!