A conscript in Odesa lost his lawsuit against the Territorial Military Commissariat and the Regional Medical Examination Commission

An Odessa resident with ischemic heart disease was unable to overturn, through the courts, the decision of the regional military medical commission regarding his fitness for service in rear units. The regional military medical commission ruled that the re-examination of his medical records was lawful.

This is stated in the decision of the Odesa District Administrative Court dated October 21.

The court denied the claim in its entirety. The ruling states that regional military medical commissions have the legal right to review and overturn decisions made by district commissions. Furthermore, during wartime, decisions regarding unfitness based on medical records may be reviewed without a re-examination. The court also noted that an initial decision not approved by a higher-level Medical Examination Commission does not automatically result in removal from the registry.

A number of medical conditions were diagnosed in the plaintiff in February 2025, when he underwent a medical examination at the district Military Registration and Enlistment Office and the Specialized Medical Commission. At that time, a special military medical commission diagnosed him with hypertension, ischemic heart disease, and spondyloarthritis. Subsequently, the man was deemed completely unfit for military service and removed from the military registry.

However, during a mandatory review of the case materials by a higher authority, the regional Military Medical Commission deemed the conclusion of total unfitness to be unfounded. After examining medical records from the Odesa Regional Clinical Hospital, the regional commission revised the classification of the man’s health condition.

In October 2025, the district Medical Examination Commission issued a new medical certificate based on the recommendations of the higher authority. The plaintiff was deemed fit for service in support units, the Technical Center for Training, training centers, and logistics units.

Believing the military’s actions to be unlawful, the man filed a lawsuit. He insisted that the regional medical examination commission had exceeded its authority and had no right to change his status without conducting a personal re-examination.<span><span><span><span><span><span><span>  </span>The court, however, noted that the man’s arguments regarding the requirement for his personal participation in the re-examination were based on a misinterpretation of specific regulations.</span></span></span></span></span></span>

Юлія Калабайда