Publication date: 28.05.2024
lawyer, 23 years of experience in enforcement.
Appeal of the decision of the VLK.
If you do not agree with the decision of the military medical commission after passing the VDC, you have the opportunity to appeal it in pre-trial and judicial proceedings.
Complaints regarding actions or inaction, resolutions of non-staff VLKs are sent to full-time VLKs for administrative-territorial areas of responsibility, defined in Appendix 2 of the Order of the Ministry of Defense of Ukraine dated November 16, 2016, No. 608, which concerns the establishment of administrative-territorial areas of responsibility for health care institutions as part of the Armed Forces of Ukraine for the purpose of organizing medical support.
Under the jurisdiction of various TCCs and JVs, including in Kyiv, complaints about actions or their inaction, as well as resolutions, can be filed. In case of complaints against the decisions of regional TCCs and SPs, for example, Kyiv, they can be appealed to the state VLKs.
If, based on the results of consideration of appeals, the regional regional council of Ukraine takes any actions or decisions, both inaction and others, they can be appealed and transferred to the Central Regional Council of Ukraine.
In order to file a complaint, you must have the following documents:
• In order to appeal to a lower-level VLK to review a disputed decision, an application must be submitted indicating the grounds for the review.
• Add all relevant documents issued by the VLK, the decision of which is being reviewed.
• If you have previously undergone medical examinations, the results must also be provided.
• If the appeal is made in a pre-trial procedure, the higher-level commission has the right to appoint a repeat or control medical examination.
In matters of court procedure, you have two options. You have the option of going directly to court without going through pre-trial proceedings, or you can go to court after receiving an adverse finding during pre-trial proceedings. It is important to note that there is a certain period during which you must appeal the decision made in the pre-trial procedure.
The deadline for appealing the conclusion of the VLK in court:
· 3 months – if pre-trial procedure is applied first. The countdown starts from the day of delivery of the decision regarding the consideration of the appeal of the resolution;
· 6 months from the date of the relevant resolution of the VLK.
Legal service "Consultant" will select a specialist who will provide appropriate legal advice during the war, since lawyer during hostilities during the war is extremely necessary, since a military lawyer in wartime or legal aid during wartime has the opportunity to carry out a legal analysis of documents, consult and provide timely legal assistance, which will help protect your rights and freedoms.
