The Military Medical Commission Issued a Fitness Certificate to a Conscription-Age Person with Numerous Violations – Court Cancelled the Conclusion

The plaintiff filed an administrative lawsuit with the Donetsk District Administrative Court against the Territorial Recruitment and Social Support Center and the Military Medical Commission, seeking to declare unlawful and cancel the certificate.

Circumstances of case No. 200/10197/25

The plaintiff requested to recognize as unlawful and cancel the Military Medical Commission certificate dated August 9, 2025, No. 17/739, which declared him healthy and fit for military service based on column II of the Schedule of Diseases and the table of additional health requirements.

In support of his claims, the plaintiff stated that during the medical examination by the Military Medical Commission, the examination procedure was violated, his chronic illnesses were not taken into account, and he was not given the opportunity to provide the commission with medical documentation from his medical history and conclusions from other medical institutions.

The defendant, in response to the lawsuit, argued that the plaintiff's claims regarding possible unlawful actions by officials were refuted by the absence of any written remarks from the plaintiff about the commission's proceedings or its conclusions. The conscription-age person lawfully underwent the Military Medical Commission, was removed from the military register, and was drafted into military service.

The court considered the case in simplified proceedings without notifying (summoning) the parties in written proceedings.

After examining the case materials, the court established that by the decision of the Military Medical Commission, formalized by the certificate dated August 9, 2025, No. 17/739, the plaintiff was recognized as healthy and fit for military service.

At the same time, the court found that the mentioned certificate was issued in violation of the form approved by Appendix 4 to the Regulation on Military Medical Expertise in the Armed Forces of Ukraine, approved by the Order of the Minister of Defense of Ukraine dated August 14, 2008, No. 402, and paragraph 22.4 of chapter 22, section II of this Regulation. In particular, the certificate does not contain all the necessary entries, signatures, and requisites, namely the signatures of all members of the Military Medical Commission who participated in the meeting are missing.

The court noted that according to paragraph 20.1 of chapter 20, section II of Regulation No. 402, a meeting of the Military Medical Commission is competent to make a decision if the chairman and at least two members of the commission participate. The defendants did not provide evidence confirming that the disputed decision was made by a competent composition of the commission.

The court concluded that the identified deficiency is a significant procedural violation, due to which the disputed certificate (decision) was made beyond the powers and not in the manner prescribed by the current legislation of Ukraine.

Court decision

The court fully satisfied the claim.

It recognized as unlawful and canceled the Military Medical Commission certificate No. 17/7239 dated August 9, 2025, issued by the Military Medical Commission of the 2nd Territorial Recruitment and Social Support Center, which recognized the plaintiff as healthy and fit for military service.

The court ordered the Territorial Recruitment and Social Support Center to reimburse the plaintiff the paid court fee of 968 hryvnias 96 kopecks at the expense of budget allocations.

The decision may be appealed to the First Administrative Court of Appeal within thirty days from the date of the full court decision.

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