How to appeal against the HLC conclusion: step-by-step instructions from the Ministry of Defence
8 April 2024 14:35
A serviceman may appeal against the conclusions of the MEC if, in his opinion, the commission’s decision does not reflect the real state of his health. This was reported by the Ministry of Defence of Ukraine, Komersant ukrainskyi 
reports.
According to the ministry, if the degree of severity of an injury or trauma is incorrectly stated in the decision of the Military Medical Commission, in the opinion of the military, such a conclusion can be appealed according to the following algorithm
- write a written appeal to the unit commander to consider changing the severity of the injury;
- the commander refers the soldier to a medical expert commission (MEC);
- The MEC makes a decision.
The Ministry of Defence noted that in case of disability for more than 60 days, any injury is considered severe.
At the same time, according to the ministry, determining the severity of injuries is not within the authority of full-time and part-time MECs.
Earlier, the Ministry of Healthcare prepared recommendations for Ukrainian servicemen regarding independent appeals against decisions of military medical commissions.
As noted, this can be done if a serviceman believes that the commission’s decision does not correspond to his actual state of health. In this case, it is allowed to appeal the decision both in pre-trial proceedings and directly in court. However, it is recommended to start with the pre-trial procedure first. Only then should you go to court.
Pre-trial appeal
To appeal a decision in the pre-trial procedure, you need to write an application or complaint about disagreement with the conclusion of the military medical commission and ask for a review of the decision by a higher MMC.
You must also attach to the application or complaint
- relevant medical documents;
- a copy of the previous decision of the MEC;
- a copy of your military ID card (officer’s ID).
The application, medical documents and a copy of the commission’s decision must also be sent by post or brought to the higher HQC.
The commission must review the appealed decision and refer you for a second medical examination. After that, it must issue a new health certificate.
At the same time, decisions on controversial and complex cases will be made by the Central Military Medical Commission.
Appealing the decision in court
It is also possible to appeal against the decision of the MEC in court under the administrative procedure, in accordance with the requirements of the Code of Administrative Procedure. However, it is impossible to appeal against the decision of the MLC solely on medical grounds, as this is not the competence of the court.
However, the court may establish a violation of the mechanism of the IMC and cancel the relevant decision. The court may also order the HQC to conduct a second medical examination and re-examine the serviceman if the commission refuses to do so.
