See more
Publication date: 15.05.2024
lawyer, 23 years of experience in enforcement.
Grounds and persons for obtaining the status of UBD:
The grounds for obtaining the status of UBD are determined by Article 5 of the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" No. 3551-XII. participants in hostilities are persons who took part in combat missions to protect the Motherland as part of military units, formations, associations of all types and branches of the Armed Forces of the active army (navy), in partisan units and underground and other formations both in wartime and in peacetime.
Persons who have the right to receive the status of UBD is defined by Article 6 of Law No. 3551-XII, namely: military personnel (reservists, conscripts), as well as other persons who were part of voluntary formations of territorial communities, resistance movements, were involved in of confidential cooperation, which protected the territorial integrity of Ukraine and took a direct part in the implementation of measures to ensure national security and defense, repel and contain the armed aggression of the Russian Federation and others according to the above list.
The grounds and procedure for obtaining the status of a participant in hostilities are the same for all categories of persons.
Accordingly, it is possible to single out a number of normative acts that were put into effect in accordance with Article 6 of Law No. 3551-XII, namely:
- Order No. 413 regulates to a greater extent the issue of granting status to defenders who participated in the ATO and OOS in Donetsk and Luhansk regions until February 24, 2022.
- Order No. 203 defines the procedure for granting and withdrawing the status of a participant in hostilities of persons who performed a combat (service) task to protect the independence, sovereignty and territorial integrity of Ukraine in conditions of direct confrontation and fire contact with military formations of other states and illegal armed formations.
- Order No. 1452 defines the procedure for granting the status of a participant in hostilities to persons involved in confidential cooperation who participated in the performance of the tasks of the resistance movement in the temporarily occupied territory of Ukraine, in the area of the anti-terrorist operation, in the area of measures to ensure national security and defense, repulse and containment of armed aggression or in other territories where military (combat) operations were conducted during the performance of the specified tasks.
Applications for the status of UBD are submitted to the commission for consideration of materials on recognition as participants in hostilities, established in the Ministry of Defense, the Ministry of Internal Affairs, the Ministry of Justice, the National Police, the National Guard, the SBU, the Foreign Intelligence Service, the Administration of the State Border Service, the Administration of the State Special Transit Service, and the Office of the Prosecutor General , State Security Department, State Special Communications Administration, State Emergency Service, etc.
As a general rule, a package of documents for granting the status of a participant in hostilities is submitted to the relevant commission by the commander of the relevant unit or unit, and may also be submitted by heads of institutions, organizations or enterprises. At the same time, military personnel can independently submit relevant applications to the commissions.
The list of necessary documents to be submitted to the relevant commissions for a person to obtain the status of UBD:
- excerpts from the orders of dispatch (arrival) to (from) a business trip for the performance of a combat (service) task;
- excerpts from combat orders, combat orders, combat reports;
- logs of combat actions (operational tasks), which confirm the fact of direct collision and fire contact with military formations of other states and illegal armed formations;
- reports of commanders or unit commanders on task performance;
- shift logs; flight tickets;
- lists of persons transported by state aircraft;
- descriptions of goods transported by state aircraft;
- documents of objective control, photo, video and audio recordings, which contain sufficient evidence of direct confrontation and fire contact with military formations of other states and illegal armed formations;
- extracts from orders on the results of special (official) investigations into the facts (consequences) of direct confrontation and fire contact with military formations of other states and illegal armed formations; extracts from orders on the results of special (official) investigations into the facts of injuries, contusions, and mutilations;
- travel certificate, etc.
Commanders of the relevant military units or units, heads of institutions, organizations and enterprises within a month after the individual has completed a combat (service) task to protect the independence, sovereignty and territorial integrity of Ukraine in conditions of direct confrontation and fire contact with military formations of other states and illegal armed formations are required to submit the listed documents for consideration by the commission, which are the basis for granting persons the status of a participant in hostilities.
I would like to draw your attention to the fact that persons who took part in the tasks of the resistance movement or who are participants of the anti-terrorist operation/anti-terrorist operation, are granted the status of a participant if they stay in the areas of operations for a period of at least 30 calendar days.
In turn, to persons who participated in the performance of combat (service) tasks in the conditions of direct confrontation and fire contact with the enemy, in conducting reconnaissance activities, as confirmed by the operational headquarters for the management of the anti-terrorist operation or the Joint Operational Headquarters of the Armed Forces of Ukraine; to persons who have successfully completed their assigned task, as confirmed by the military management body of the Special Operations Forces of the Armed Forces, as well as those who have received injuries, contusions, mutilations, which made it impossible for them to further perform the respective tasks (except for cases of careless handling of weapons and evasion of military service by self-mutilation or by simulating illness), the status of a participant in hostilities is granted regardless of the number of days of their involvement in the relevant tasks.
Important: in the absence of the necessary documents, the basis for granting the status of UBD to persons can be the testimony or statements of at least three witnesses about the period of direct participation of such a person in the performance of tasks in the areas where they are carried out, as well as medical documents confirming that the person received an injury, contusion , mutilation during direct involvement in tasks.
Legal assistance during the war is an extremely necessary service today, as the war has introduced its own corrections and new rules. A lawyer in wartime will help you protect your rights and help you collect the necessary documents on time, which will save you nerves and money. A military lawyer during hostilities is able to provide appropriate advice quickly and professionally and, accordingly, help in obtaining the status of the UBD. ( legal advice during wartime )
