Julia Shvytkina
05 December 2022 15: 31
Headings: News Society

Valid or not: how to challenge the decision of the medical board

There are only two ways to prove that you have a disease that is contrary to military draft, but the doctors ignored it.

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Valid or not: how to challenge the decision of the medical board

Duration of martial law and general mobilization in Ukraine from November 21, extended for another 90 days, the corresponding decrees were signed by the presidentт Vladimir Zelensky.

In this regard, there remain topical issuesrelated with the delivery of subpoenas to the military. As you know, after receiving an invitation, a potential recruit must go for a medical examination, which, in fact, makes a decision About, whether a person is fit for military service or not. About, with what diseases you will not be taken into the army, we analyzed in detail in our material at the link.

But there are cases when conscripts do not agree with the conclusion military medical commission. More often, this is due to the fact that despite the presence of the disease, a person is recognized as fit for military service. Less often, when doctors during the examination of the examination reveal a disease with which it is impossible to call. If you question the conclusions of the medical board, according to lawyersThere only two ways to dispute them: in pre-trial and judicial procedures.

Pre-trial appeal procedure

According to the first method, appealing against the decisions of the military medical commission is possible by appealing them to the higher-level IHC, namely:

  • decisions of the VVK of the district (city) territorial center for recruitment and social support can be appealed to the VVK of the region or city;
  • revision of resolutions subordinated to the VVK (VVK of the regions), has the right to carry out the VVK of the regions;
  • the resolutions of any IHC have the right to review the Central IHC.

Please note that an appeal against the decisions of the VVK on the suitability for military service of former military personnel for the period of their actual release from the Armed Forces is possible only in the Central VVK.

To appeal the decision of the IHC to the IHC of the highest level or directly to the Central IHC, you must submit an application in which you indicate the reasons for the revision of the decision. In addition, documents issued by the VVK, the decision of which is being appealed, should be added to the application. If available, you can provide the results of preliminary medical studies.

Based on the results of consideration of the application, a decision may be made to conduct a repeated or control medical examination in order to finally resolve the issue of fitness for military service.

Court order of appeal

The second way to appeal against the decision of the VVK is to apply to a court of administrative jurisdiction. To do this, it is necessary to file a claim with the district administrative court at the choice of the plaintiff: at the place of residence (location) of the plaintiff or at the location of the defendant.

This method can be chosen immediately, without first using the pre-trial procedure, or go to court after receiving a negative opinion from the "last instance" of the pre-trial appeal procedure.

At the same time, not only the moment of obtaining a final conclusion from such an appeal will depend on the chosen algorithm of actions, but also the timing of filing a claim with an administrative court, in particular:

  • in the case of preliminary application of the pre-trial procedure, the term for judicial appeal will be 3 months, which begins its course from the date of delivery of the relevant decision based on the results of consideration of the application for appealing the decision;
  • in case of appealing against the decision of the VLK directly to the court - the term for appeal is 6 months from the day when the person learned about the commission of the offense, that is, from the date the relevant decision of the VLK was issued.

Please note that appealing the withdrawal of the VLK does not relieve from the obligation to appear on the call of the territorial recruitment and social support center for assignment to a military unit or training, which otherwise may even lead to criminal prosecution of the person.

Given this, together with the statement of claim, it is necessary to submit an application for securing the claim, in which to ask the court to oblige to suspend the decision of the VLK until a decision is made.

However, it should be remembered that the jurisdiction of the court does not include the assessment of the diagnosis or state of health. Therefore, medical conclusions should be submitted there, which will be evaluated at the meeting.

There are still cases when the disease became known already during the service. In this case, you need to file a petition with the commander and ask for a second medical examination, which will be able to conclude whether the person can remain in the ranks.

Recall that all those liable for military service are subject to mobilization in Ukraine, regardless of their religion, what should representatives of those religions do in this case, which completely prohibit the use of weapons, we analyzed in our material.

We also wrote about what specialties are needed at the front nowand told in which places men are most often handed subpoenas.

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