If the Military Medical Commission (MMC) has deemed a person fit for service but has failed to take into account their medical condition or the results of their examinations, or has committed a breach during the medical examination, such a decision may be appealed. In 2026, there are two ways to do this: by appealing to a higher-level MMC or to an administrative court. UkrMedia has looked into which documents need to be prepared, how long you have to lodge an appeal, whether you can request a re-examination, and how to protect your rights.
- Decisions made by the Medical Examination Board may be appealed to a higher committee or a court.
- It is recommended that appeals to the Higher Medical Examination Commission be lodged within 30 days.
- The general time limit for bringing a case before the court is six months.
- Following a pre-trial appeal, a three-month period usually applies.
- Lodging a complaint does not automatically suspend the effect of the Medical Examination Commission’s decision.
In what circumstances can a decision by the Medical Examination Commission be appealed against?
The Military Medical Commission determines a person’s fitness for military service on the basis of a medical examination, diagnoses and the requirements set out in the Schedule of Diseases.
The main document governing its activities remains the nOrder No. 402 of the Ministry of Defence of Ukraine dated 14 August 2008, as amended.
Grounds for an appeal may include not only disagreement with the determined level of fitness, but also a breach of the medical examination procedure.
In particular, a decision may be appealed if:
- The commission did not take into account the medical documents confirming the illness.
- The person was not given the necessary tests or referred to a specialist.
- The Medical Examination Board’s conclusion does not correspond to the established diagnoses or the requirements of the Schedule of Diseases.
- During the examination, the procedure for conducting the military medical assessment was breached.
- The decision incorrectly determined the link between the injury, trauma or illness and military service.
- The document contains significant errors or has been drawn up in breach of the established requirements.
Merely disagreeing with a decision does not guarantee that it will be overturned. To have it reviewed, you must explain exactly where the error lies and support your arguments with documentary evidence.
Where to lodge a complaint against a decision by the Medical Examination Commission
The procedure for lodging an appeal depends on which committee made the decision.
If the decision was made by the Medical Examination Commission (MEC) of a district or municipal recruitment centre, the appeal must be lodged with the MEC of the regional or relevant municipal recruitment centre and the Social Protection Service.
Decision of the regional VLC An appeal may be lodged with the regional military medical board or the Central Military Medical Board (CMMB).
If a person does not agree with the outcome of the regional Medical Examination Commission’s consideration of their complaint, the next level of appeal is the Central Medical Examination Commission.
Servicemen who have undergone a hospital, garrison or other non-regular medical examination are required to apply to the relevant regular medical examination board.
The Central Military Medical Commission has the authority to review the decisions of subordinate commissions and to monitor the accuracy of military medical examinations.
At the same time, going through all levels of administrative appeal is not always a prerequisite for bringing a case before the courts.
How long do you have to appeal against a decision by the Medical Examination Commission in 2026?
One of the most important issues is meeting deadlines. These depend on the method of appeal chosen.
To appeal to a higher-level Medical Examination Commission, the Ministry of Defence and the Office of the Military Ombudsman It is recommended that you lodge a complaint within 30 days of receiving the report. It is important to do this without delay, even if the person is still gathering additional medical documents.
Different time limits apply to judicial appeals, as set out in the Code of Administrative Procedure of Ukraine.
If you take your case directly to court, the general time limit is six months from the date on which the person became aware, or ought to have become aware, of the infringement of their right.
If a pre-trial appeal has been lodged, the general time limit for bringing a case before the court is three months from the date on which the decision following the consideration of the complaint was served.
If a complaint has not been considered or a response has not been provided within the time limit laid down by law, different rules for calculating the time limit for bringing a case before the court may apply.
For certain categories of administrative disputes, the law provides for special, shortened time limits. It is therefore important, before bringing a claim, to correctly identify the subject matter of the dispute and to check which time limit applies specifically to the decision in question.
If the deadline has been missed for valid reasons, the applicant may ask the court to extend it. However, to do so, they must provide evidence of the circumstances that objectively prevented them from applying in time.
What documents are required to appeal against the Medical Examination Commission’s decision?
Before submitting a complaint, you must gather the documents that confirm your state of health and the circumstances surrounding your medical examination.
The basic package includes:
- A written complaint specifying the decision which the applicant is requesting to be reviewed.
- A copy of the Medical Examination Commission’s decision or a duly certified extract from it.
- A copy of the military registration document — a military service card, an officer’s identity card or another relevant document.
- Medical reports and doctors’ opinions, which confirm the diagnosis.
- Survey results — MRI, CT scans, ultrasound scans, X-rays, laboratory tests and other procedures, depending on the diagnosis.
- Other documents, which confirm that irregularities occurred during the medical examination or that the decision was incorrect.
For service personnel who are contesting the established causal link between an injury or illness and their service, a statement detailing the circumstances of the injury, service records and confirmation of participation in combat operations may be of particular significance.
It is important not simply to submit a large number of medical documents, but to provide those documents that directly corroborate the circumstances set out in the complaint. For example, if a person believes that the commission failed to take heart problems into account, it is advisable to attach a cardiologist’s report and the results of relevant tests. For spinal conditions, MRI results, a neurologist’s report and documentation of functional impairments may be relevant.
The mere fact of having a diagnosis does not in itself always mean that a person is unfit for service. The Medical Examination Board also assesses the severity of the illness, functional limitations and the criteria set out in the relevant section of the Schedule of Diseases.
How to draft and submit a complaint correctly
A complaint may be written in any format. However, it must clearly state which decision is being challenged and why the complainant considers it to be incorrect.
The document must state the name of the Medical Examination Commission to which the appeal is being submitted, the applicant’s personal details, and the date and reference number of the decision being appealed against.
You should then describe the circumstances of the medical examination, any existing medical conditions, any documents that the committee failed to take into account, and any specific breaches.
In the petition, you may request a review of the decision and, where there are grounds for doing so, a referral for a follow-up examination and a repeat medical assessment.
For example, if the commission has deemed a person fit for service without taking into account a confirmed medical condition, the appeal should refer to the relevant medical documents and explain how they affect the assessment of fitness for service.
You can lodge a complaint in person with the relevant Medical Assessment Board or send it by post.
The Ministry of Defence recommends using a registered letter with a description of the contents and proof of delivery.
If you submit the document in person, you should obtain a receipt stamp on your own copy of the document.
You should keep the postal receipt, the list of contents and the proof of delivery. These will help to prove that the complaint was lodged and the date on which it was lodged.
What happens after a complaint has been lodged
The Higher Military Medical Commission is reviewing the contested decision and the documents submitted by the applicant.
Following its review, it may uphold the decision, revise it, or refer the person for a follow-up examination and a further medical assessment.
In accordance with Order No. 402, the decision to carry out a follow-up examination and medical check-up must be implemented no later than one month from the date of its adoption.
The re-examination is carried out by a different medical assessment panel, not the one whose decision is being appealed.
Following a further examination, the commission will adopt a new resolution setting out the procedure for the subsequent assessment of fitness for service on health grounds.
At the same time, a referral for a repeat medical assessment does not guarantee that the previous decision will be changed. The Commission must assess the established diagnoses and the results of the examinations in accordance with the legislation in force.
Is it possible to go straight to court without first lodging a complaint with the Central Medical and Labour Expertise Commission?
In October 2026, the Supreme Court reaffirmed an important legal position regarding appeals against the decisions of military medical commissions.
In its ruling of 15 October 2026 in Case No. 440/2634/25, the Administrative Court of Cassation considered the question of whether a person liable for military service is obliged to apply first to the Central Medical Examination Commission.
The court concluded that a decision by the regional medical examination board may be appealed directly to the administrative court.
In such cases, a prior application to the Central Medical and Labour Expertise Commission is not a prerequisite for legal redress.
This decision is of practical importance to people who disagree with the decision of the regional medical assessment board and wish to defend their rights in court straight away.
At the same time, the procedure for appealing depends on the level of the commission and the nature of the dispute. Therefore, the Supreme Court’s ruling should not be automatically applied to all situations without exception.
How to challenge a decision by the Medical Examination Commission through the courts
To lodge a judicial appeal, an administrative claim must be prepared. This must specify the defendant, the decision being challenged, the facts of the case, the breaches that have occurred and the claimant’s claims.
Depending on the circumstances, the claimant may ask the court to declare the decision unlawful, to set it aside and to order the competent authority to conduct a re-examination or a medical examination.
Copies of the contested documents, medical evidence, correspondence with the Medical Examination Commission and other documents necessary for the consideration of the case shall be attached to the claim.
You must also take into account the requirements regarding the payment of court fees or confirm your entitlement to an exemption from them, if such an entitlement is provided for by law.
The claim is brought before the competent administrative court. Territorial jurisdiction is determined in accordance with the Code of Administrative Procedure, taking into account the specific circumstances of the case.
It is important to understand that the court does not replace the military medical board. The judge does not make a diagnosis or independently determine whether a person is fit for military service. Instead, the court examines the legality of the decision: whether the procedure was followed, whether the required documents were taken into account, whether the necessary examinations were carried out, and whether the applicant’s rights were infringed.
If the court finds that there have been significant breaches, it may set aside the decision and order a new medical examination to be carried out.
Does an appeal or legal action suspend the effect of the Medical Examination Commission’s decision?
Lodging a complaint with a higher commission or bringing an administrative action does not, in itself, suspend the effect of the Medical Examination Commission’s decision. Until it is revoked or amended by the relevant authorised body, the decision remains in force. This means that the mere fact of lodging an appeal does not automatically grant a deferral from mobilisation and does not exempt a service member from performing their lawful duties.
In legal proceedings, it is possible, under certain conditions, to apply for interim relief. However, such measures are applied only by order of the court, provided there are grounds for doing so as laid down by law.
It is therefore unwise to assume that lodging a complaint will automatically halt the implementation of the Medical Examination Commission’s decision.
What should you do if the Medical Assessment Board has not taken your medical documents into account?
If, whilst undergoing a medical examination If a person has submitted the results of their medical examinations but the commission has not taken them into account, the first step is to record this fact.
It is advisable to keep copies of all documents submitted, written correspondence and confirmation of their submission.
The complaint must specify which doctors’ findings or test results were not properly assessed.
If the documents contain objective evidence of functional impairments, it should be explained what significance this may have for determining the degree of fitness for service.
It is equally important to check whether the committee has correctly applied the relevant section of the Schedule of Diseases.
In complex cases, it may be necessary to seek advice from a specialist doctor and a solicitor who specialises in military law.
Where to get free legal aid
People who are unable to draft a complaint or an administrative claim on their own may turn to the free legal aid scheme.
Lawyers provide advice on the appeal process, help identify the necessary documents and explain the procedural deadlines.
Certain categories of citizens are also entitled to free secondary legal aid, including the preparation of procedural documents and representation in court, subject to the conditions laid down by law.
You can call 0 800 213 103 for advice.
Servicemen and women may also contact the Office of the Military Ombudsman regarding violations of their rights. However, the Office itself does not review medical reports or act as a substitute for military medical boards.
