In Ukraine, most male citizens between the ages of 18 and 60 who are deemed fit to serve by a military medical commission (MMC), are subject to mobilization during martial law. While the MMCs are the ultimate authority on whether potential conscripts are fit for military service, their rulings can be appealed under two procedures.
Lawyers Iryna and Vladyslav Leonov explain how MMC decisions can be appealed, and whether it is possible to receive a deferment from mobilization on health grounds.
How MMCs determine fitness for service
Current regulations contain a list of health conditions that could potentially disqualify a person from military service.
“Each article has Points A, B, and C which regulate the degree of impairment of body functions which are taken into account when determining fitness for service,” the lawyers explain.
Point B could mean “limited fitness” or unfitness in a specific case, whereas Point A means unfitness, and Point C may mean temporary deferment from mobilization.
MMC decisions are formalized by a certificate of the commission’s conclusion, or protocol of its meeting.
"In case of disagreement with a conclusion, it can be appealed to a higher-level MMC or to a court," the experts continue.
Two ways to appeal an MMC ruling
One can appeal a given ruling to a high-level commission or to a court. Lawyers recommend first to challenge the conclusion without involving a court. If another commission upholds the ruling, then going through the judicial system remains the only option available.
Appealing to a higher-level MMC:
After receiving an MMC decision, to contest it, one must do the following:
● write a complaint to MMC authorities (regional or national) and indicate the reason for the appeal;
● include a copy of the MMC’s conclusion;
● provide documents that show disagreement with the commission’s ruling (medical examinations, doctors' reports, excerpts from individual medical records).
Grounds for filing an appeal against an MMC decision include:
● A conclusion was made based on assessment by unqualified doctors;
● A conclusion misjudged the effect a given health condition has on the individual’s performance;
● The MMC did not evaluate a particular health condition or did not specify how it might affect the individual’s capacity to serve;
● the commission violated the rules of a medical examination.
Read the original article on The New Voice of Ukraine