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Publication date: 16.05.2024
lawyer, 23 years of experience in enforcement.
Appealing the decision of the VLK in court is carried out in accordance with the procedure of administrative proceedings in accordance with the requirements of the Code of Administrative Proceedings of Ukraine.
It is necessary to submit a statement of claim to the district administrative court of the plaintiff's choice: at the place of residence (stay) of the plaintiff or at the location of the VLK, the decision of which is being appealed.
the procedure for appealing the MMC decision:
In accordance with the provisions of Part 2 of Art. 122 of the Code of Administrative Procedure of Ukraine, for applying to the administrative court for the protection of the rights, freedoms and interests of a person, a six-month period is established, which, unless otherwise established, is calculated from the day when the person learned or should have learned about the violation of his rights, freedoms or interests.
Part 4 of this article establishes that if the law provides for the possibility of a pre-trial dispute resolution procedure and the plaintiff has used this procedure, or the law defines the obligation of a pre-trial dispute resolution procedure, then a three-month period is established for applying to the administrative court, which is calculated from the date of delivery of the decision to the plaintiff the results of consideration of his complaint against the decision, actions or inaction of the subject of authority.
Importantly! the process of contesting the conclusion of the VLK does not exempt the person from the obligation to appear at the summons of the TCC and SP to be sent to a military unit or undergo training, which, in the opposite case, may even lead to a person being held criminally liable. Therefore, a statement on its provision should be added to the lawsuit, in which the court is asked to oblige the decision of the VLK to be suspended until the court's decision is made.
The provisions of Art. 193 of the Code of Administrative Procedure of Ukraine, it is established that the court must start considering the merits of the case no later than 60 days after the opening of the proceedings in the case, and in the case of an extension of the preparatory proceedings - no later than the next day after the end of such a period.
The court considers the merits of the case within 30 days from the day of the commencement of the consideration of the merits of the case.
When considering the merits of disputes in cases regarding the appeal of decisions of the VLK, the court has the right to check the legality of the conclusion of the VLK only within the limits of compliance with the procedure for adopting this conclusion. The court is not entitled to assess the professional actions of specific doctors who are members of the VLC when they apply appropriate methods of examining the plaintiff, examining medical documentation, determining diagnoses and their compliance with a specific article of the Schedule of Diseases, as this requires special knowledge in the medical field. Also, the court cannot make its own assessment of the validity of a certain conclusion, since, as previously mentioned, courts are not specialized institutions in the medical field, and therefore such an assessment goes beyond the necessary research in the context of the application of substantive law.
This legal position is set forth in the Supreme Court's resolution dated June 13, 2018 No. 806/526/16.
The decision of the court of first instance may be appealed in full or in part in the appellate instance within 30 days from the day of the announcement of the resolution of the administrative court (within 15 days from the day of the announcement of the decision), in some cases within 10 days from the day of receiving a copy of the decision.
The decision of the court of appeal may be appealed to the court of cassation within 30 days after the decision of the court of appeal has entered into force.
In the event that only the introductory and final parts of the court decision or case consideration (resolution of the issue) were announced at the court session without notifying (summoning) the participants in the case, the specified term is calculated from the date of the full court decision.
Legal service "Consultant" will help to select a specialist to Appealing the decision of the Military Medical Commission (MMC) out of court and to prepare an appropriate application to appeal the decision of the MMC, ( appealing the decision of the VLK out of court ) to prepare a corresponding statement of claim, as well as to accompany the process of appealing the decision of the MMC.
