Procedure for obtaining the status of combatant

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Ukraine / Kyiv

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Publication date: 18.07.2024

Procedure for obtaining the status of combatant
 

Introduction
 

The status of combatant in Ukraine is granted to servicemen and other persons who took part in hostilities, ensuring an appropriate level of social protection and benefits. Obtaining this status is regulated by law and requires a certain procedure. In this text, we will look at the main aspects of obtaining combatant status, including the legal framework, the procedure for submitting documents, rights and benefits, as well as possible problems and their solutions.
 

The legal framework
 

Key legal acts
 

A number of legal acts regulate the acquisition of combatant status in Ukraine, including
 

1. The Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection".
    
2. The Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Granting the Status of Combatant".
    
3. Orders of the Ministry of Defence of Ukraine and other central executive bodies related to the granting of combatant status.
    

These acts define the categories of persons eligible for the status, the procedure for submitting documents and the procedure for reviewing applications.
 

Categories of persons eligible for combatant status
 

The following categories of persons are eligible for combatant status:
 

1. Servicemen and employees of the Armed Forces of Ukraine.
    
2. Servicemen and employees of the National Guard of Ukraine.
    
3. Employees of the Ministry of Internal Affairs of Ukraine.
    
4. Employees of the Security Service of Ukraine.
    
5. Employees of other military formations and law enforcement agencies as defined by law.
    

These persons must participate in combat operations or support of anti-terrorist operations and other armed conflicts.
 

The procedure for submitting documents
 

Collection of necessary documents
 

To obtain the status of a combatant, it is necessary to collect a package of documents, which includes:
 

1. An application for combatant status.
    
2. A copy of a military ID card or other document confirming military service.
    
3. Copies of orders on deployment to and return from the combat zone.
    
4. Characteristics from the place of service or work.
    
5. Other documents confirming participation in hostilities (e.g., combat letters, acts, witness statements).
    

Depending on the specific circumstances and place of service, the list of required documents may be supplemented with other documents confirming the right to obtain the status.
 

Submission of the application and documents
 

The collected documents are submitted to the relevant commission for consideration of the issues of granting combatant status. Such commissions are set up at the Ministry of Defence of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine and other central executive authorities.
 

Consideration of the application
 

The commission for reviewing the issues of granting combatant status considers the submitted documents within the established time limit (usually up to 30 days). If necessary, the commission may request additional documents or evidence to confirm participation in hostilities.
 

Rights and benefits of combatants
 

Social guarantees
 

Persons who have been granted combatant status are entitled to a number of social guarantees, including
 

1. Monthly cash payments.
    
2. Free medical care.
    
3. Provision of sanatorium and resort treatment.
    
4. Benefits for housing and communal services.
    
5. The right to free public transport.
    
6. Benefits for taxes and fees.
    

Housing guarantees
 

Participants in hostilities have the right to receive housing or improve their living conditions. This can be provided through the provision of service housing, compensation for rent or permanent housing at the expense of the state.
 

Professional development and employment
 

Participants in hostilities are entitled to preferential employment, professional development and education. The legislation provides for quotas for hiring, benefits for higher and vocational education, as well as the possibility of free training and retraining.
 

Possible problems and their solutions
 

Refusal to grant status
 

In some cases, the commission may refuse to grant combatant status. The reasons for refusal may include insufficient documents, lack of confirmation of participation in hostilities or the applicant's failure to meet the established criteria. In the event of a refusal, the applicant has the right to appeal the commission's decision in administrative or judicial proceedings.
 

Additional checks
 

In some cases, the commission may conduct additional checks to confirm the applicant's participation in hostilities. This may include interviewing witnesses, inquiries to military units or other institutions. Such checks may delay the application process, but are necessary to ensure fairness and legality.
 

Appealing against the commission's decisions
 

Administrative procedure
 

In case of refusal to grant combat participant status, the applicant has the right to file a complaint with a higher authority or commission. The administrative appeal procedure involves filing a complaint with the relevant central executive body that oversees the commission's activities. The complaint is considered within the established timeframe, after which the applicant is provided with a written response.
 

Judicial procedure
 

The applicant also has the right to appeal the commission's decision in court. To do so, the applicant must file a statement of claim with the administrative court, stating the grounds for appeal and providing the necessary evidence. The court considers the case and makes a decision to satisfy or dismiss the claim, which is binding.
 

The procedure for restoring status
 

Loss of documents
 

In case of loss of documents confirming the status of a combatant, the applicant may apply for the restoration of documents to the relevant authority or commission. This may include obtaining duplicates of a military ID card, orders to be sent to the combat zone and other documents.
 

Renewal of social guarantees
 

In case of loss of combatant status or deprivation of social guarantees, the applicant may apply for renewal to the relevant authority or commission. Social guarantees are renewed on the basis of the documents and confirmations provided.
 

Conclusion