Formal medical examination at the Territorial Recruitment Centre (TRC) and disregard of health complaints

Normative basis of the responsibility of the Military Medical Commission (MMC)
The procedure for the work of the MMC is regulated by the Regulation on Military Medical Examinations in the Armed Forces of Ukraine (Order of the Ministry of Defence of Ukraine No. 402), which requires an actual, comprehensive and objective medical examination of every person. The MMC is obliged not only to formally collect doctors’ signatures, but also to establish a specific diagnosis, assess the functional condition and make a well‑reasoned conclusion on fitness based on medical records and examination results.​
The Code of Administrative Procedure of Ukraine imposes on the public authority the duty to prove the lawfulness of its actions and decisions, and on the court – to verify whether the MMC acted within the granted powers and in the manner prescribed by law. Pursuant to Article 19 of the Constitution, state bodies and officials must act only on the basis of, within the scope of powers and in the manner determined by law, which directly extends to MMCs operating at Territorial Recruitment and Social Support Centres.​

Judicial approach to formal examinations
In an administrative court decision that formed the basis for the conclusion that “a formal examination and ignoring complaints is a ground for annulment of an MMC decision”, the court stated that there had been no real assessment of the claimant’s state of health. The MMC certificate did not reflect the examination results in the form of a diagnosis, contained no data on the necessary tests, and the medical complaints and submitted documents were effectively ignored, which the court regarded as an incomplete and improper medical examination.
Similar conclusions appear in other cases where courts find MMC decisions unlawful if the examination was not conducted by all necessary specialists, chronic diseases were not taken into account, medical documents were not added to the file, or additional tests were refused. In some cases, courts annul not only the decisions of local MMCs but also those of the Central MMC if bias, a purely formal assessment and disregard of evidence concerning the person’s actual state of health are established.

Ignoring complaints as a procedural violation
A person’s complaints about pain, limited mobility and neurological, cardiological or other symptoms are not merely subjective “complaints for the sake of deferment from mobilisation” but a legally significant element of the examination procedure. Courts explicitly state that the MMC’s failure to respond to such complaints, refusal to refer for additional tests and failure to consider the diagnostic results provided constitutes a breach of the established procedure for conducting a medical examination.
Ignoring requests for a repeat examination or for review of an MMC decision is also qualified as unlawful inaction, which further demonstrates a formalistic approach and becomes an independent ground for judicial intervention. In such circumstances, courts apply Article 2 of the Code of Administrative Procedure of Ukraine, examining whether the MMC’s decisions met the criteria of lawfulness, reasonableness, proportionality and proper reasoning.​

Consequences: annulment of MMC decision and repeat examination
The typical “set” of consequences applied by administrative courts in disputes with MMCs consists of two elements: recognition of the MMC’s decision (or actions) as unlawful and its annulment; and an order to carry out a repeat, comprehensive medical examination taking into account all complaints and medical records. In a number of cases, courts directly indicate the need for examination by all relevant specialists, for additional tests to be ordered, and for proper recording of results in medical documentation, and sometimes also the need for the participation of a higher‑level MMC.
Importantly, courts do not replace the MMC’s medical conclusion with their own assessment of the diagnosis but only remove the unlawful decision and oblige the commission to act in accordance with the law and medical standards. For persons liable for military service this means that a purely formal examination without real consideration of complaints and health status can be effectively challenged, and a repeat examination becomes an opportunity to obtain an objective conclusion.​

Practical conclusions for rights protection
Court practice confirms that a formal medical examination at a Territorial Recruitment and Social Support Centre and the ignoring of complaints are not minor procedural flaws but material violations that affect the fitness conclusion and therefore lead to annulment of the MMC decision. The key to successful judicial protection is an adequate evidentiary basis: complete medical documentation, proper recording of actual complaints, applications to the MMC and the Territorial Centre, copies of requests for a repeat examination, as well as references to Regulation No. 402 and administrative court practice.​
If you have questions or problems related to undergoing an MMC examination, challenging a commission decision, preparing medical evidence or litigating against a Territorial Recruitment and Social Support Centre, it is advisable to consult a lawyer who specialises in military law and has practical experience in such cases.

Author – Svitlana Krutorohova, attorney at the Law Firm “Legal Company WINNER”.