When «Fit for Service» Is a Mistake: Challenging Unlawful MMC Opinions
Medical audit
Central MMC complaint
Administrative court
Schedule of Diseases
5 days
The situation when a person with serious chronic illnesses is declared «fully fit» after a 15-minute examination has unfortunately become routine. MMC doctors often ignore submitted medical documents, fail to order required examinations, and downplay disease severity.
O'LAW lawyers in Lviv specialise in challenging unlawful MMC rulings. We don't «buy» diagnoses — we force the system to consider the real state of health under the Schedule of Diseases (Order of the Minister of Defence No. 402). We work both with reservists and with active servicemembers (for health-based discharge). Information current as of 2026.
Critical deadline: 5 days
An MMC ruling is challenged administratively to the superior commission within 5 days of notification. A missed deadline means losing this path. Further challenge — only through the administrative court (3 months).
When to Challenge an MMC
- MMC ignored submitted medical documents (MRI, CT, hospital discharge summaries, specialist opinions)
- Cursory examination — 2–5 minutes per patient, without analysis of complaints
- Required tests not ordered (general blood, urine, ECG, fluorography, blood sugar)
- No referral for additional examinations despite complaints (MRI, X-ray, specialist)
- Schedule of Diseases incorrectly applied — diagnosis exists but the fitness category is wrong
- Ruling without reasoning or with references to outdated norms of the Schedule
Schedule of Diseases — Order of the Minister of Defence of Ukraine No. 402
The official document defining fitness categories by diagnosis (A — fit, B — limited fit, V — limited fit in wartime, G — temporarily unfit, D — unfit). An audit of your documents against the Schedule of Diseases is the foundation of any appeal.
Two Paths: Central MMC vs Administrative Court
We choose the optimal strategy for the specific case. Often we use both paths in parallel.
1. Administrative — to the superior MMC
Complaint to the regional MMC or Central MMC. Deadline: 5 days. Faster than court, but the superior MMC often confirms the lower one's ruling. Requires «ironclad» arguments referencing the Schedule of Diseases.
2. Judicial — administrative court
Petition to the administrative court. Deadline: 3 months. More objective review of procedural violations. The court may order a forensic medical examination — this often changes the result in the petitioner's favour.
Most Common Categories We Challenge
We have experience challenging MMC opinions on the following disease groups (the list is broader — message us on Telegram):
Spine diseases (hernias, protrusions, scoliosis)
Cardiovascular (hypertension, ischemia)
Psychiatry (PTSD, depression, anxiety)
Vision (high myopia, glaucoma)
Respiratory (asthma, COPD)
Gastrointestinal tract
Diabetes mellitus
Musculoskeletal system
Oncology, treatment aftermath
What the O'LAW Lawyer Does — 4 Stages
1
Medical-legal audit
We analyse your discharge summaries, opinions, lab results. Cross-check against the Schedule of Diseases (Order No. 402). Determine the real fitness category.
2
Additional documents
If needed — attorney inquiries to hospitals, referrals for additional examinations, duplicates of old records.
3
Complaint or petition
Draft a legally precise document: complaint to the Central MMC (5 days) or petition to the administrative court (3 months). Often — both in parallel.
4
Support to result
Represent interests at the repeat MMC or in court. If needed — motion for a forensic medical examination.
Frequently Asked Questions about MMC Challenges
5 days from notification of the MMC ruling — for an administrative appeal to the superior medical commission (regional or Central MMC). This is a hard deadline; after it, administrative appeal is impossible. The administrative court accepts petitions within 3 months. The best strategy — in parallel: file a complaint to the Central MMC and prepare a court petition.
Two paths: (1) to the superior MMC — regional or Central; (2) to the administrative court at place of stay. The administrative path is faster but often doesn't change the ruling. The court path is more objective because the court assesses procedural violations rather than the diagnosis itself. The O'LAW lawyer determines the best strategy for the specific case.
The MMC ruling you disagree with and all your medical documents: hospital discharge summaries, MRI/CT/USD/X-ray results, lab tests, specialist opinions. The fuller the medical record — the stronger the complaint. If documents are missing, we help via attorney inquiries to state and municipal hospitals.
Automatically — no. But a properly filed complaint and court petition give time. In the petition you can request interim measures (prohibition of transfer to a unit until the case is heard). If the court grants — this is a real pause until the final decision. The O'LAW lawyer prepares both the complaint and the interim measures motion.
Schedule of Diseases — annex to Ukrainian Ministry of Defence Order No. 402 of 14.08.2008 (as amended). It defines, for each diagnosis, the fitness category (A — fit, B — limited fit, V — limited fit in wartime, G — temporarily unfit, D — unfit). Auditing your medical documents against the Schedule of Diseases is the foundation of any appeal.
No, refusal is an administrative offence or evasion (depending on circumstances). The right strategy: undergo the MMC, record all violations (cursory examination, ignored documents, missing required tests), get the ruling, and challenge within the 5-day deadline. The lawyer can be present at the MMC as a representative.
File a petition to the administrative court. This is a separate path — after the Central MMC or in parallel with it. The court assesses not the diagnosis but the legality of the procedure: were all submitted documents considered, were required examinations ordered, was the Schedule of Diseases correctly applied. The court often orders a forensic medical examination — a powerful tool.
Exact price after a brief audit of your documents — via Telegram or phone. Depends on scope: just a Central MMC complaint, or in parallel a court petition, or whether forensic medical examination is needed. Fixed fee for typical cases; stage-by-stage payment for complex ones with examinations.
Declared Fit Despite Illnesses? Time Is Limited
5 days to file a complaint with the Central MMC — that's tight. Don't delay: send photos of the MMC ruling and medical records via Telegram, and the O'LAW lawyer will run a quick audit. If there are grounds for appeal — we move with priority and prepare documents the next day.
Declared healthy despite illnesses?
Don't risk your life. 5 days to challenge — a critical deadline. The O'LAW lawyer runs a medical-legal audit today.
Phone: +38 063 404 67 68
Phone: +38 068 679 52 51
Telegram: t.me/olaw_help
Email: o3law.company@gmail.com
Address: 32 Doroshenka St., Lviv
Medical-legal expertise. Mon–Fri 10:00–19:00, Sat 10:00–14:00.
