Appeal of the VLK

A military serviceman has the opportunity to appeal the conclusions of the Military Medical Commission (MMC) if he believes that the commission's decision does not correspond to the actual state of his health. This can be done first in a pre-trial procedure, and if necessary - through a judicial instance. In this article, we will consider in what order it is better to appeal such decisions and the importance of legal support during this process.

Documents regulating the process of appealing the conclusions of the VLK

• Regulations on military medical examination in the Armed Forces of Ukraine, approved by Order of the Ministry of Defense No. 402 of 08/14/2008
• Law of Ukraine "On Appeals of Citizens" dated October 2, 1996 No. 393/96-VR.
• Code of Administrative Procedure of Ukraine, Art. 122.

Grounds for contesting the conclusions of the VLK

• Disregarding an existing illness, injury or injury.
• Ignoring the relationship between two or more diseases, injuries or wounds.

How to appeal the decision of the military medical commission out of court

In order to challenge the decision of the military medical commission in the pre-trial procedure, you need:

• Make a statement or complaint in which you express your disagreement with the conclusions of the VLK with a request to review this decision by the higher VLK.

The application, medical documents and a copy of the decision of the VLK can be delivered personally to the higher VLK or sent by mail with a registered letter with a notice of delivery and a description of the attachment to the address of the relevant VLK.

VLC considers the complaint and can review the contested decision or refer you to a repeat (control) medical examination. After that, you will be given a new opinion about your health condition, which becomes final. In difficult cases, the right to make a final decision rests with the Central Military Medical Commission (CMMC).

The process of appealing the decision of the VLK in court

Appeal of the decision of the Supreme Administrative Court in administrative proceedings in accordance with the Code of Administrative Proceedings of Ukraine provides that only medical indicators cannot be the only basis for an appeal.

However, the court can cancel the decision of the VLK in case of violations in the procedures used by the commission, as well as demand a repeat medical examination and additional examinations in case the VLK refuses to carry them out.

The importance of legal support when challenging the conclusion of the VLK

Legal support is critical in challenging the conclusions of the Military Medical Commission (MMC) for several important reasons. First of all, a lawyer promotes a professional analysis of medical documents and an understanding of the procedures regulated by legislation, which allows a better understanding of the client's situation and his legal options. As a result, the presence of qualified legal support significantly increases the chances of successfully challenging the decision of the VLK and protecting the rights of a serviceman.

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