In Kharkiv, the Second Administrative Court of Appeal overturned the certificate of the Military Medical Commission (VLK), which found it suitable for a man diagnosed with paranoid schizophrenia . However, the very fact of mobilization was not recognized by the court. About it reports the forensic law newspaper with reference to the decision in case # 520/31201/24.
The resident of Kharkiv region had an officially established psychiatric diagnosis of F20.0 - "Paranoid schizophrenia" - on May 24, 2024, ie three months before mobilization. Despite this, on September 3, 2024, the VLK recognized him as suitable for military service.
As the court established, the commission:
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did not take into account the psychiatric diagnosis, despite the presence of appropriate documents;
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did not send a man for a hospital examination, as required by the procedure;
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She did not provide a proper assessment of health, even in the presence of a psychiatrist.
Already during the service, the man underwent a re -medical commission that found him unfit for military service. On February 20, 2025, he was officially released from the Armed Forces on the order of the commander of the unit.
Nevertheless, the plaintiff sought not only the cancellation of the CCI certificate, but also the recognition of the mobilization order by the illegal.
The court only canceled the HCC certificate. With regard to the mobilization order, the court acknowledged that this legal fact was irreversible, even if the call was erroneous. Such a legal position was previously enshrined in the Supreme Court.
"The fact of mobilization is not subject to cancellation even if there are violations of the procedure - it is considered a legal act implemented," the decision reads.
