The Military Medical Commission Recognized a Serviceman with Psoriasis as Fit for Service: What the Court Said

The Khmelnytskyi District Administrative Court denied the serviceman’s request to cancel the decision of the garrison military medical commission, which, despite diagnosing psoriatic arthropathy, widespread psoriasis, and other diseases, recognized him as fit for military service in support military units, territorial recruitment centers, educational institutions, medical, logistics, and other units.

The court emphasized that administrative courts do not evaluate the correctness of the military medical commission’s medical conclusions, and Regulation No. 402 provides the possibility to appeal such decisions to a higher-level military medical commission.

Circumstances of the Case

The plaintiff asked the court to declare unlawful and cancel the decision of the garrison military medical commission, documented by a certificate dated August 5, 2025, which recognized him as fit for military service in support military units, territorial recruitment and social support centers, higher military educational institutions, training centers, medical units, logistics, communications, operational support, and security units. He also requested to oblige the military medical commission to conduct a repeated medical examination considering the court’s conclusions.

Previously, the serviceman had already appealed the initial conclusion of the military medical commission. After reviewing his complaint, the 11th Regional Military Medical Commission of the Armed Forces of Ukraine identified inconsistencies in the diagnosis and fitness assessment and ordered him to undergo a control medical examination. Based on the results of this repeated examination, the garrison military medical commission again recognized him as fit for service with corresponding restrictions.

During the repeated medical examination, the commission diagnosed the plaintiff with psoriatic arthropathy, secondary deforming arthrosis of several joints, widespread vulgar psoriasis, and other concomitant diseases. Based on Articles 57b, 60b, 61b, and 62b of the Disease Schedule, the military medical commission concluded that he is fit for military service in the specified categories of military units.

The plaintiff argued that the commission incorrectly determined his degree of fitness and mistakenly applied Article 57b of the Disease Schedule, as well as failed to consider medical documents from 2023–2024.

Court’s Position

In case 560/21856/25, the court noted that the legislation assigns the authority to conduct medical examinations, assess the health status of conscripts, and determine their fitness for military service specifically to military medical commissions.

According to the court, assessing a person’s health at the time of the military medical commission, establishing a diagnosis, comparing current examination results with previous medical documentation, and determining the degree of fitness require specialized medical knowledge and are not within the competence of an administrative court.

The court also referred to the legal conclusions of the Supreme Court, according to which an administrative court is not entitled to evaluate the professional actions of the military medical commission doctors, the correctness of their diagnoses, or the application of relevant articles of the Disease Schedule, as this goes beyond judicial review and requires specialized medical knowledge.

Furthermore, the court noted that Regulation No. 402 on military medical expertise establishes the procedure for administrative appeals of decisions made by non-staff military medical commissions. A person who disagrees with the decision of the garrison military medical commission has the right to file a complaint with a higher-level military medical commission, which reviews the compliance of the decision with the established diagnosis and the requirements of Regulation No. 402.

What the Court Decided

The Khmelnytskyi District Administrative Court concluded that there are no grounds to cancel the decision of the garrison military medical commission and denied the claim. The court stated that a person’s disagreement with the medical conclusions of the commission alone is not grounds for satisfying the claim, and Regulation No. 402 provides for the possibility of reviewing such decisions by higher-level military medical commissions.

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