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How to apply for combatant status in Ukraine

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Consultant # 1306
Consultant # 1306
Lawyer
Ukraine / Kyiv

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Publication date: 24.07.2024

How to apply for combatant status in Ukraine 

The status of a combatant provides persons who participated in the defence of the state with significant social guarantees and benefits. In Ukraine, this status is a recognition of services to the state and society and provides a number of rights and privileges, including social benefits, medical care, housing privileges and other social guarantees. Obtaining the status of a combatant is an important process that requires compliance with certain procedures and documentary evidence. In this article, we will look at the legal basis, the procedure for obtaining combatant status, the documents required, the application process, as well as the benefits and guarantees provided to combatants.

Legal framework 

The Law of Ukraine ‘On the Status of War Veterans and Guarantees of Their Social Protection: Defines the criteria for granting combatant status, the rights and benefits of combatants, as well as the procedures for obtaining and confirming the status.

Resolution of the Cabinet of Ministers of Ukraine ‘On Approval of the Procedure for Granting the Status of Combatant: Regulates the procedure for submitting an application, the list of required documents, and the procedure for reviewing and deciding on the granting of combatant status. 

Other legal acts: Includes orders of the Ministry of Defence of Ukraine, the Ministry of Internal Affairs, the Security Service of Ukraine and other bodies regulating specific aspects of granting combatant status.

Criteria for obtaining the status of a combatant

  • Tookpart in hostilities: This includes participation in combat operations, anti-terrorist operations, peacekeeping missions, peace and security operations, as well as other activities related to the defence of the state.
     
  • Sustainedinjuries, contusions or mutilations: Persons who have been wounded, contused or maimed in the line of duty may also be granted combatant status.
     
  • Died in the line of duty: In the event of a person's death in the line of duty, UBD status may be granted to their relatives.
     

Procedure for obtaining UBD status 

  • Gathering thenecessary documents: The first step is to collect documents confirming participation in hostilities or performance of official duties related to the defence of the state. The main documents include:  Copies of orders to perform combat missions. Extracts from combat logs or service orders. Certificates of participation in hostilities from military units or other competent authorities. Medical certificates of wounds, contusions or injuries.
     
  • Submission of theapplication: After collecting all the necessary documents, the person submits an application to the relevant authority responsible for granting the status of combatant. This may be the Ministry of Defence, the Ministry of Internal Affairs, the Security Service of Ukraine or another competent authority.
     
  • Consideration of the application: The application is reviewed by a commission that checks the documents and hears the applicant. The commission may request additional documents or testimony if necessary to confirm participation in hostilities.
     
  • Decision-making: After reviewing the application, the commission makes a decision on granting or refusing to grant combatant status. The commission's decision is documented in a protocol, which is the basis for issuing a combatant's certificate.
     
  • Obtaining thecertificate: In case of a positive decision, the applicant receives a combatant certificate that confirms his/her status and entitles him/her to benefits and social guarantees.

Benefits and guarantees for combatants 

  1. Social benefits: Combatants are entitled to receive pensions and other social benefits, including one-time financial assistance and compensation for health damage sustained during hostilities.
     
  2. Medical care: Participants in hostilities are entitled to free medical care, including outpatient and inpatient treatment, rehabilitation, and sanatorium and resort treatment.
     
  3. Housing benefits: Participants in hostilities are entitled to housing or improved housing conditions, as well as benefits for utilities, rent, and purchase of housing.
     
  4. Educational benefits: Participants in hostilities and their children are entitled to privileges in admission to educational institutions, scholarships and grants.
     
  5. Transport privileges: Participants in hostilities are entitled to free travel in urban and suburban transport, as well as discounts on long-distance transport.
     
  6. Employment benefits: Participants in hostilities are entitled to employment benefits, including priority employment, additional leave, and professional retraining.
     
  7. Tax benefits: Combatants are entitled to exemptions from personal income tax, real estate tax, and transport tax.
     

Refusal to grant combatant status and appeals

  • Obtainingstatus after being wounded: A serviceman who was injured while performing a combat mission applied for combatant status together with medical documents and certificates from his military unit. The Commission reviewed the application and granted him combatant status, which allowed him to receive social payments and benefits.
     
  • Appeal against the refusal to grant the status: A person who took part in a peacekeeping mission applied for the status of a combatant but was denied due to insufficient supporting documents. She appealed to the court, which ordered the commission to reconsider the decision and grant the status of a combatant.
     
  • Obtaining thestatus by relatives of the deceased: The relatives of a deceased serviceman applied for the status of combatant in order to receive social benefits. The Commission granted their application, granting them the status of combatants posthumously.
     
Conclusion

Obtaining the status of combatant in Ukraine is an important process that allows persons who participated in the defence of the state to receive appropriate social guarantees and benefits. Ukrainian legislation clearly regulates the procedure for granting this status, defines the necessary documents and criteria for obtaining this status. It is important to follow the established procedure for submitting an application and collecting documents, and in case of refusal, to know your rights to appeal the decision. Real-life examples demonstrate the effectiveness of legal mechanisms for obtaining combatant status and protecting the rights of combatants. Knowing your rights, applying for legal aid in a timely manner and actively participating in the process of obtaining the status help ensure fairness and access to social benefits and guarantees. 

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