Obtaining the status of a combatant in Ukraine: legal aspects and procedure

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Publication date: 25.07.2024

Obtaining the status of a combatant in Ukraine: legal aspects and procedure

Obtaining the combatant status in Ukraine is an important step to ensure social protection and support for persons who took part in hostilities in defence of Ukraine's sovereignty, territorial integrity and independence. This status provides significant social guarantees and benefits, including medical care, social payments and other types of support. In this article, we will consider the main legal aspects and procedure for obtaining the status of a combatant, including the legal framework, the procedure for submitting documents, rights and benefits for persons with combatant status, as well as court practice.

Legal framework

The main legal acts regulating the granting of combatant status in Ukraine are:

1. The Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection": Defines the categories of persons who can be granted the status of combatants and establishes social guarantees for these persons.
2. The Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Granting the Status of Combatant to Persons Who Participated in the 
3. Defence of the Territorial Integrity and Independence of Ukraine": Regulates the procedure for granting combatant status, the list of required documents and the procedure for their submission.
4. Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families": Defines social and legal guarantees for military personnel, including combatants.
5. Categories of persons eligible for combatant status

The following persons are eligible for combatant status:

Members of the Armed Forces of Ukraine, the National Guard, the Security Service of Ukraine, the State Border Guard Service of Ukraine and other military formations: Who took part in combat operations or defence of state sovereignty and territorial integrity of Ukraine.

1. Employees of law enforcement agencies: Persons who performed duties to ensure public order during hostilities, anti-terrorist operations, joint forces operations and other special operations.
2. Volunteers and medical workers: Persons who provided medical care or logistical support during hostilities, joint force operations, anti-terrorist operations and other special operations.
3. Other persons: Persons who took direct part in hostilities or ensuring the country's defence capability in accordance with the legislation of Ukraine.

Procedure for obtaining the status of a combatant

The procedure for obtaining combatant status includes several main stages:

1. Gathering the necessary documents: To obtain the combatant status, it is necessary to collect a package of documents, which usually includes:
2. Application for combatant status.
3. Documents confirming participation in hostilities or special operations (orders, certificates, certificates, etc.).
4. A copy of the passport of a citizen of Ukraine.
5. Other documents confirming the circumstances that are the basis for granting the status of a combatant.

Submission of documents to the competent authority: The collected documents are submitted to the relevant authority that considers applications for the status of a combatant. This may be the Ministry of Defence of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine or another competent authority depending on the circumstances.

1. Consideration of the application and decision-making: The relevant authority reviews the submitted documents, hears the applicant (if necessary) and makes a decision on granting or refusing to grant the UBE status. The decision is based on the submitted documents and verification of information.
2. Preparation and issuance of the UBD certificate: In case of a positive decision, the applicant is issued a combatant certificate. This certificate confirms the status of a combat participant and entitles him/her to social guarantees and benefits.
3. Appealing the decision (in case of refusal): In case of refusal to grant combatant status, the applicant has the right to appeal the decision in court. This can be done through an administrative court or other judicial instances, depending on the circumstances of the case.

Rights and benefits for persons with combatant status

Persons who have been granted the status of combatant are entitled to a number of social guarantees and benefits provided for by Ukrainian law. 

The main benefits include:

1. Medical care: Participants in hostilities are entitled to free medical care in state and municipal medical institutions, as well as to receive medicines on preferential terms.
2. Social benefits: Participants in hostilities are entitled to receive monthly state aid, compensation payments and other types of social support.
3. Housing benefits: Participants in hostilities are entitled to priority housing, compensation for utility costs and other housing benefits.
4. Transport benefits: Participants in hostilities are entitled to free travel in urban and suburban transport, as well as to reduced fares in long-distance transport.
5. Educational benefits: Children of combatants have the right to priority admission to higher education institutions and preferential conditions for studying.
6. Employment benefits: Participants in hostilities have the right to priority employment, including quotas for employment in state institutions and organisations.

Court practice.

Court practice in cases of granting combatant status shows real cases of dispute resolution and protection of the rights of persons applying for this status. 

Here are some examples of court cases:

1. The case of refusal to grant combatant status: The applicant applied for the status of a stateless person but was denied due to insufficient evidence. The court, having reviewed additional evidence and heard witnesses, ruled in favour of the applicant and ordered the competent authority to grant the status of a combatant.
2. A case of appealing against a decision to deprive an individual of the status of combatant: A combatant was deprived of his combatant status due to violations identified during the inspection. The court, having considered the circumstances of the case, decided that the deprivation of the status was illegal and ordered the restoration of the combatant's status.
3. A case concerning the provision of social benefits to a combatant: A combatant applied to the court with a request to grant him social benefits to which he was entitled. The court, having reviewed the documents and heard witnesses, ruled in favour of the applicant and ordered the relevant authorities to provide the appropriate benefits.