The Constitutional Court clarified that refusal to undergo medical examination may be considered misconduct that discredits the service

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The Constitutional Court received an appeal from a former law enforcement officer. He questioned the provision of the law according to which refusal to undergo a medical examination for alcohol can be recognized as a disciplinary offense that discredits the service. It was for this reason that he was dismissed from his position.

This concerns subparagraph 13) of paragraph 1 and paragraph 2 of Article 80 of the Law “On Law Enforcement,” which defines the grounds for dismissal for actions that undermine the authority of law enforcement agencies.

Previously, the applicant had been held administratively liable for refusing to undergo a medical examination. The court revoked his driver's license for eight years. After that, he was dismissed from the internal affairs agencies, and the courts of first and appellate instance recognized the dismissal as lawful.

According to the applicant, the law does not specify clear procedures and criteria for determining when a refusal can be considered a discreditable offense. He believes that this leads to a formal approach without individual assessment of the situation, which, in his opinion, violates the Constitution.

The Constitutional Court explained that it only assesses those norms that directly violate the applicant's constitutional rights. In this case, no such signs have been established. The main emphasis in the appeal is on disagreement with the practice of applying the norm and the consequences of dismissal, which does not fall within the competence of the Constitutional Court.

Following the review, a decision was made to refuse to accept the appeal for constitutional proceedings.