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Legal aspects of protecting the rights of persons affected by mines and explosive objects

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

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Publication date: 06.06.2024

Lawyer

Legal aspects of protecting the rights of persons affected by mines and explosive objects

Victims of mines and explosive devices (IEDs) need comprehensive legal protection. They face numerous challenges, from medical care to compensation and rehabilitation. In this context, it is important to consider the main legal aspects of protecting the rights of such persons, with an emphasis on legal advice, document analysis and the formation of legal opinions.

Consultation of a lawyer

Clarification of rights and procedures
A lawyer plays a key role in providing counseling to victims. Consulting a lawyer helps to clarify the rights of the victims and the procedures that must be followed in order to receive assistance and compensation. This includes information about medical, social and legal services to which victims are entitled.

Assistance in drawing up applications and appeals
Lawyers provide support in preparing the necessary documents for applying to the relevant authorities. These can be applications for receiving medical assistance, social benefits, compensation for health damage, as well as applications to law enforcement agencies to investigate the incident.

Analysis of documents

Verification of medical and legal documents
Mine and IED victims often require long-term treatment and rehabilitation. Lawyers analyze medical records, including hospital discharges, test results and other medical records, to ensure they are properly processed and used in legal proceedings.

Assessment of documents for compliance with legislation
Lawyers also check all documents related to the submission of applications for compensation and social assistance for compliance with the requirements of the law. This includes the analysis of employment contracts, insurances, certificates from the place of work and other documents that may affect the amount and type of benefits.

Legal opinion

Recommendations for further actions
Based on the analysis of documents, lawyers provide legal opinions that contain specific recommendations for further actions. It can be advice on filing lawsuits, appeals to the relevant state bodies or international organizations that deal with issues of protecting the rights of victims of landmines and WMD.

Assessment of legal risks
The legal opinion also includes an assessment of the possible legal risks associated with the process of obtaining compensation or assistance. This helps victims make informed decisions and avoid situations that could lead to legal conflicts or denial of assistance.

Legal opinion of a lawyer 

Protection of interests in court
In cases where victims of mines and IDPs are faced with denial of assistance or compensation, lawyers represent their interests in court. A lawyer's legal opinion helps to formulate a legal position, prepare the necessary documents and ensure effective protection of rights in court.

Dispute resolution and negotiations with state bodies
Lawyers also help in resolving disputes and negotiating with government agencies and other institutions that provide assistance to victims. The lawyer's legal opinion is the basis for the negotiation process aimed at achieving fair and reasonable decisions regarding benefits and benefits.

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