The Military Medical Commission did not involve either a psychiatrist or a narcologist – a man with opioid addiction achieved the cancellation of the commission's certificate

The Odesa District Administrative Court partially satisfied the claim of a conscripted man and recognized as unlawful and canceled the certificate of the Military Medical Commission (MMC), since during the medical examination neither a psychiatrist nor a narcologist were involved, although there were appropriate grounds for this.

Circumstances of the case

The conscripted man filed a lawsuit against the military unit, requesting:

• to recognize as unlawful and cancel the MMC certificate issued regarding the plaintiff;
• to oblige the military unit to send the plaintiff for a military medical commission examination with mandatory examination by a narcologist and psychiatrist.

The plaintiff justified his claims by stating that despite the existence of grounds to involve a narcologist and psychiatrist in the MMC, the defendant did not do so and unlawfully issued the MMC certificate without involving the specified doctors.

The court established that according to the response from the communal non-commercial enterprise "Odesa Regional Mental Health Medical Center," the plaintiff has been registered with a narcologist since August 11, 2023. He has the diagnosis "Mental and behavioral disorders due to opioid use. Dependence syndrome." He is receiving substitution maintenance therapy. According to the discharge summary from the communal non-commercial enterprise "Center for Prevention and Control of HIV/AIDS" of the Odesa City Council, the plaintiff has the diagnosis F11.2 Mental and behavioral disorders due to opioid use, dependence syndrome. He has been on maintenance medication since October 13, 2023.

What the court decided

The Odesa District Administrative Court considered case No. 420/37823/25 and decided to partially satisfy the administrative claim.

The court recognized as unlawful and canceled the MMC certificate issued regarding the plaintiff.

The claim to oblige the military unit to send the plaintiff for a military medical commission examination with mandatory examination by a narcologist and psychiatrist was denied.

The court noted that according to paragraph 3.2 of chapter 3, section II of 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, during the legal regime of martial law, every conscripted person is examined by a surgeon, therapist, neurologist, psychiatrist, ophthalmologist, otorhinolaryngologist, and, based on medical indications, by doctors of other specialties.

The court concluded that the MMC had an obligation to involve a narcologist and psychiatrist for the examination of the plaintiff. However, the defendant did not provide evidence of involving a narcologist and psychiatrist to the court.

The court noted that decisions of military medical commissions can be appealed in court. Given the above, the court considers it necessary to recognize as unlawful and cancel the MMC certificate.

Regarding the request to be sent for a repeated military medical commission examination, the court noted that the plaintiff did not apply to the commander of the military unit with a report regarding the conduct of the MMC, and no recommendations from a healthcare institution doctor were provided. Therefore, the court has no grounds to oblige the military unit to send the plaintiff for a military medical commission examination with mandatory examination by a narcologist and psychiatrist.

The court ordered the defendant to reimburse the plaintiff's court fee expenses in the amount of 968 hryvnias 96 kopecks at the expense of the defendant's budget allocations.

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