The head and members of medical and social expert commissions are authorized to perform the functions of the state in terms of establishing disability, the Supreme Court of Ukraine said.

"Both the chairman and the members of the medical and social expert commissions are persons authorized to perform the functions of the government in the understanding of the note to Article 369-2 of the Criminal Code of Ukraine," the Supreme Court said in the Telegram channel on Wednesday, referring to the corresponding decision of the Cassation Criminal court within the Supreme Court.

According to the court, in the cassation appeal the defense argued that the head and members of the medical and social expert commissions are employees (doctors) of municipal healthcare institutions and are not, within the meaning of the note to Article 369-2 of the Criminal Code of Ukraine by persons authorized to perform state functions.

"The fact of establishing a disability group for a person is legally significant and entails significant legal consequences of both a social and other nature. The bodies authorized to establish this fact obviously act on behalf of the state, since they implement its function specifically in terms of establishing disability for a certain person," the court said.

The court said the government always implements its functions through specific bodies created by it or persons authorized by it.

"Depending on the scope of decision-making, the relevant functions of the state are carried out by institutions created for this purpose. In terms of establishing the fact of disability, such a body designed to carry out the functions of the state are medical and social expert commissions. Members of such commissions make decisions on behalf of such a commission, and, therefore, in the course of making legally significant decisions of the commission, they are persons authorized to perform the functions of the state," the Supreme Court said.