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Procedure for Obtaining the Status of a Child Affected by Military Actions and Armed Conflicts

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Consultant # 1106
Consultant # 1106
Lawyer
Ukraine / Rivne

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Publication date: 15.07.2024

Procedure for Obtaining the Status of a Child Affected by Military Actions and Armed Conflicts

Since the onset of the military conflict in Ukraine in 2014, thousands of children have suffered from the direct and indirect consequences of warfare. These effects include physical injuries, psychological traumas, loss of housing, educational opportunities, and even parental care. In response to these tragic events, the Government of Ukraine has adopted a number of legislative initiatives to protect the rights of children affected by the war. One such initiative is the Resolution of the Cabinet of Ministers of Ukraine No. 268 dated April 5, 2017, which defines the procedure for granting the status of a child affected by military actions.

Children Eligible to Receive the Status of a Child Affected by Military Actions and Armed Conflicts

Children and individuals who were under the age of 18 at the time of the military actions or armed conflicts are eligible to receive this status if they:

  • Sustained injuries, concussions, or disability;
  • Were subjected to physical or sexual violence;
  • Were abducted or illegally transported outside Ukraine;
  • Were involved in the activities of militarized or armed formations;
  • Were illegally detained, including being held captive;
  • Suffered psychological violence.

Authority for Guardianship and Care Reviewing Documents and Granting Status

The status is granted by the guardianship and care authority at the place of residence or stay of the child.

Who Can Submit Documents for Granting the Child Status

Legal representatives of the child, as well as relatives (grandmother, grandfather, aunt, uncle, adult brother or sister), stepfather or stepmother, representative of the guardianship and care authority have the right to submit documents for granting the child status.

List of Documents for Obtaining the Status

  • Birth certificate or other document identifying the child;
  • Document identifying the applicant;
  • Document confirming the authority of the legal representative;
  • Excerpts from the child's medical record confirming the specified circumstances;
  • Statements about the commission of a criminal offense;
  • Extract from the Unified Register of Pre-trial Investigations.

Period for Reviewing Documents and Making a Decision

The decision to grant or deny the status is made within 30 calendar days from the date of registration of the application.

Rights and Benefits for Children with the Status of a Child Affected by Military Actions and Armed Conflicts

Rights and benefits for children with the status of a child affected by military actions and armed conflicts are an important part of protecting their interests and ensuring their well-being. However, Ukrainian legislation is currently in the process of updating and refining relevant bills, including discussing Bill 9042-1, aimed at increasing the level of social protection for children affected by armed conflicts.

These legislative initiatives may provide various forms of assistance and support, such as psychological assistance, educational grants, medical services, and possibly even financial payments or benefits, depending on the specific content and approval of the bills.

Social support will be provided to the following categories of children who have suffered due to the full-scale armed aggression of the Russian Federation against Ukraine:

  1. Children with physical injuries: This includes children who have suffered wounds, concussions, or have become disabled as a result of the war.
  2. Children who have suffered physical or sexual violence: This category covers children who have experienced any form of violence during the armed conflict.
  3. Abducted or deported children: Includes children who were abducted or forcibly moved outside Ukraine.
  4. Children involved in military actions: This relates to children who were drawn into military actions regardless of the form of participation.
  5. Children who were held captive: Covers those who were illegally detained or held captive.
  6. Children of deceased due to aggression: Includes children who lost one or both parents as a result of military actions.
  7. Children affected by missile strikes in various regions: This relates to children from regions that are not directly in the zone of active combat but have suffered attacks.

The bill provides comprehensive social support measures for these children, which include psychological and medical assistance, social services, compensations, and educational and rehabilitation programs to ensure their full development and integration into society.

For more detailed information about the specific rights and benefits that may be provided, it is recommended to follow updates in Ukrainian legislation and consult official resources of the Government of Ukraine or advisory services that can provide current information regarding this issue.

Offer from the Legal Marketplace "Consultant"

The legal marketplace "Consultant" provides comprehensive legal support to families faced with the necessity of formalizing the status of a child affected by the war. Consultant offers services such as verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal situation analysis, lawyer's consultation, written consultation, legal analysis of the situation, legal opinion, legal analysis,  lawyer consultation, lawyer online, and other services to protect the rights of children in complex legal situations.

Сonclusion

In the context of the ongoing armed conflict, the status of a child affected by military actions gains special significance as a tool for legal protection and social support. Ukrainian legislation provides a clear procedure for formalizing this status, which includes defining the criteria for suffering, submitting the necessary documents, and reviewing applications by guardianship and care authorities. The process not only recognizes the suffering of the child but also guarantees the receipt of appropriate benefits and social guarantees.However, it is important to consider that the area of protecting the rights of children who have suffered the consequences of the war needs constant improvement. Updating the legislative base, particularly the adoption and implementation of new bills, can provide more effective protection and support for children, ensuring their full development and integration into society.Attention to this issue at the legislative level, as well as support from public and charitable organizations, are key to ensuring the future of our country and its young generation.

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