A military medical examination is a procedure that assesses a person’s fitness for service in the Armed Forces. Based on the conclusions of this examination, a decision may be made regarding the service conditions for certain categories of military personnel.
For example, this applies to conscripts who are partially fit and cannot perform all combat tasks due to their health condition. In addition, the Military Medical Commission (MMC) is necessary in cases where a servicemember has sustained an injury and later seeks to obtain a disability group, compensation, or access to high-quality rehabilitation and recovery services and programs. The procedure for undergoing an MMC is strictly regulated by the Ministry of Internal Affairs.
Appealing to the court is an independent method of protection; therefore, one may apply to court without first appealing the MMC conclusion administratively. Thus, servicemembers can choose their method of protecting their rights—either by appealing the MMC conclusion to a higher commission or by filing a claim in administrative court at any stage.
If you believe that the MMC decision incorrectly indicates the severity of your injury, you can challenge this conclusion according to the following algorithm:
- Submit a written request to the commander of your unit asking to review the severity of the injury.
- The commander sends the servicemember to the Medical Expert Commission (MEC).
- The MEC issues a decision regarding the review of the severity of the injury.
To challenge an MMC conclusion in court, a corresponding claim must be filed with the administrative court at the location of the MMC or the applicant.
When submitting a lawsuit, it is advisable to also file a motion for injunctive relief, requesting the court to suspend the effect of the disputed MMC conclusion until a decision is made on the merits of the case.
The deadline for filing a lawsuit challenging the MMC conclusion is six months from the date of receiving the conclusion if it was not appealed administratively, or three months if it was appealed to a higher MMC — starting from the day the higher MMC issues its conclusion after reviewing the appeal.
Appealing the MMC decision administratively is a faster and more cost-effective option; however, judicial review generally provides a higher chance of avoiding abuse by the MMC. Judicial appeal remains the only possible remedy after the Central MMC issues its final conclusion on fitness for military service.
The Law Firm provides consultations regarding appealing MMC decisions. With us, you can be confident in achieving a positive outcome!
