A man was stopped at a checkpoint and taken to the military medical commission, although he was removed from the register back in 2017 — he appealed to the court

The Second Administrative Court of Appeal considered a dispute between a citizen and the military medical commission regarding the legality of his repeated recognition as fit for military service. The plaintiff claimed that he was declared unfit for military service and removed from the military register back in 2017. However, after being stopped at a checkpoint in 2025, he underwent a new medical examination, following which the military medical commission recognized him as fit for military service. The man insisted that the medical examination was conducted with violations and asked the court to cancel the commission's decision.

The appeal left unchanged the decision of the Kharkiv District Administrative Court, which denied the claim to cancel the military medical commission's decision regarding the citizen's fitness for military service.

Case circumstances

The plaintiff noted that in 2017 the military medical commission recognized him as unfit for military service and removed him from the military register. In November 2025, he was stopped at a mobile checkpoint in Kharkiv for verification of military registration documents.

According to the man, despite presenting a military ID with a mark about removal from the military register, he was taken to the military medical commission. After that, he submitted a request via the "Reserve+" app and received information from the Unified State Register of conscripts, those liable for military service, and reservists, which showed that based on the medical examination on November 5, 2025, he was recognized as fit for military service. Later, the Territorial Recruitment Center informed him that he was subject to conscription. Disagreeing with the commission's conclusion, the man appealed to the administrative court.

What the plaintiff referred to

In the appeal, the plaintiff claimed that no actual medical examination by doctors was conducted, and the procedure of passing the military medical commission was violated. He also noted that he did not have the opportunity to provide his medical records and other documents because he was brought to the Territorial Recruitment Center without the possibility to obtain them at his place of residence.

Furthermore, the plaintiff insisted that after being removed from the military register in 2017, he no longer had the status of liable for military service and therefore should not have undergone a repeated medical examination.

What the court established

The panel of judges agreed with the conclusions of the court of first instance and noted that Regulation No. 402 provides a special procedure for reviewing decisions of non-staff military medical commissions.

The court pointed out that the regional military medical commission and the Central Military Medical Commission have the authority to review decisions of subordinate commissions, cancel or change them, and also appoint repeated or control medical examinations. These bodies conduct verification of the correctness of conclusions made by non-staff military medical commissions.

The appellate court noted that from the case materials 520/32381/25 it is evident that the plaintiff filed a complaint to a higher-level military medical commission. However, no final decision was made by the regional or Central Military Medical Commission regarding the review of the non-staff commission's decision. Under these circumstances, the panel agreed with the first instance court's conclusion about non-compliance with the procedure established by Regulation No. 402 for appealing the results of the medical examination.

Lack of medical documents does not exempt from passing the military medical commission

The court separately addressed the plaintiff's arguments about the inability to provide medical documents during the military medical commission.

The panel explained that according to Regulation No. 402, a person liable for military service submits a medical record and other documents only if the relevant information is absent in the electronic health care system (EHS). At the same time, the mere absence of medical documentation on the person during referral to the military medical commission is not a reason to refuse the medical examination.

The court does not assess medical conclusions

The appellate court also emphasized that administrative courts are not entitled to verify the correctness of the established diagnosis, determine the degree of fitness for military service, or substitute military medical commissions.

Such matters fall within the competence of the military medical commissions and require special medical knowledge. The court's authority is limited to checking whether the decision-making procedure was followed. To confirm this, the panel referred to established practice of the Supreme Court, including rulings dated February 26, 2025, in cases No. 600/3273/22-а and No. 240/13173/22, as well as previously formulated legal conclusions regarding the limits of judicial control over military medical commission decisions.

Why the court did not examine the issue of removal from the military register

The plaintiff's arguments that he was removed from the military register in 2017 were not substantively evaluated by the appellate court.

The panel noted that the subject of the dispute was exclusively the appeal of the military medical commission's decision on fitness for military service. The legality of the person's removal from the military register or subsequent registration within this case was not considered, so the court did not assess these circumstances.

Court decision

The Second Administrative Court of Appeal dismissed the appeal and left unchanged the decision of the Kharkiv District Administrative Court.

The ruling came into legal force on the day of its adoption and is not subject to cassation appeal, except in cases expressly provided for by the Code of Administrative Procedure of Ukraine.

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