Publication date: 28.05.2024
In accordance with clause 2.3.5 and clause 24.10 of the "Regulations on military medical examination in the Armed Forces of Ukraine" (approved by the Order of the Ministry of Defense dated 14.08.2008 under No. 402) (hereinafter - the Regulations): Decisions, resolutions of the Central Military Commission may be appealed in judicial procedure. The resolution of the regional rexecutive committee can be appealed to the Central Regional Executive Committee or in court.
The text of the procedure for appealing the decision of the Military Medical Commission (MMC) in court.
Title The deadline for appealing the decision of the MMC and the procedure for such an appeal.
According to Art. 122 of the Code of Administrative Proceedings, the term for appealing the decision of the Administrative Court is ( deadline for appealing the decision of the military medical commission ) :
Paragraph 3 of the month in the case of preliminary application of the pre-trial procedure, which begins its course from the day of delivery of the relevant decision based on the results of the review of the application to challenge the decision;
Clause 6 months from the day when the person became aware of the violation of his rights, i.e. from the day of the issuance of the relevant decision of the MMC.
The court fee for submitting an application to the court by an individual is 0.4 of the subsistence minimum for able-bodied persons (in accordance with the norms of the Law of Ukraine "On Court Fees"). In 2024, it is UAH 1,211.20.
Text The requirements for a claim statement are established in Articles 160 and 161 of the Code of Administrative Procedure.
In particular, the statement of claim must state:
- Пункт1) name of the court of first instance to which the application is submitted;
- Пункт2) full name (for legal entities) or first name (surname, first name and patronymic) (for individuals) of the parties and other participants in the case, their location (for legal entities) or place of residence or stay (for individuals ), postal code, identification code of a legal entity in the Unified State Register of Enterprises and Organizations of Ukraine (for legal entities registered under the legislation of Ukraine), registration number of the taxpayer's registration card (for individuals), if available, or passport number and series for individuals - citizens of Ukraine (if such information is known to the claimant), known numbers of means of communication, e-mail address, information about the presence or absence of an electronic account;
- Пункт 3) indication of the price of the claim, justified calculation of the amount to be charged - if the claim contains claims for compensation for damage caused by the contested decision, actions, or inaction of the subject of authority;
- Пункт 4) the content of the claims and the statement of the circumstances by which the plaintiff substantiates his claims, and in the case of filing a claim against several defendants - the content of the claims against each of the defendants;
- Пункт 5) a statement of the circumstances by which the plaintiff substantiates his claims; indication of evidence confirming the specified circumstances;
- Пункт 6) information on taking measures for pre-trial settlement of the dispute - in the event that a mandatory pre-trial dispute settlement procedure is established by law;
- Пункт7) information on taking measures to secure evidence or a lawsuit before filing a claim statement, if such were carried out;
- Пункт8) a list of documents and other evidence attached to the application; indication of the evidence that cannot be submitted together with the claim (if any), indication of whether the claimant or another person has original written or electronic evidence, copies of which are attached to the application;
- Пункт9) in cases concerning the appeal of decisions, actions and inaction of the subject of authority - justification of the violation of the contested decisions, actions or inaction of the rights, freedoms, and interests of the plaintiff;
- Пункт10) the plaintiff's own written confirmation that he has not filed another claim(s) against the same defendant(s) with the same subject and on the same grounds.
I would like to draw your attention to the fact that filing a claim with the court to challenge the decision of the MMC does not stop its implementation.
The correct filing of the statement of claim and the documents attached to it within the framework of a specific case regarding the appeal of the decision of the MMC through the court is a guarantee of receiving a court decision in your favor in the future ( decision of the military medical commission judicial practice ).
That is why you should not neglect your right to professional legal assistance and contact a qualified lawyer.
