Publication date: 26.06.2024
The procedure for registration and realization of the rights of victims of hostilities under Ukrainian law
Introduction
The hostilities on the territory of Ukraine have led to significant losses among the population, destruction of infrastructure and massive displacement of citizens. Accordingly, the state is obliged to provide legal protection and support to the victims. This article examines the legal framework, procedures and mechanisms for realizing the rights of victims of hostilities under Ukrainian law.
Legal and regulatory framework
The Constitution of Ukraine:
- Guarantees the rights to life, health care, social protection and fair trial (Articles 27, 49, 46, 55).
The Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons":
- Defines the rights of IDPs, including the right to social assistance, housing and medical care.
The Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection":
- Regulates the rights of war veterans and persons affected by hostilities, including social guarantees and benefits.
The Law of Ukraine "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine":
- Establishes the rights of persons with disabilities to social protection, rehabilitation and integration into society.
Resolution of the Cabinet of Ministers of Ukraine No. 535 of October 1, 2014:
- Establishes the procedure for providing financial assistance to cover living expenses for internally displaced persons.
The procedure for obtaining the status of a victim of hostilities
Registration of internally displaced persons (IDPs):
- In order to obtain IDP status, you need to apply to the local social protection authorities with an application and documents confirming your displacement (passport, certificate of residence registration, etc.).
Obtaining the status of a combatant (combatant status):
- Military personnel and other persons who participated in hostilities are eligible for combatant status. To do so, they must submit an application to the relevant military authorities with a package of documents confirming their participation in hostilities.
Establishment of disability:
- Persons who have been injured or traumatized as a result of hostilities need to undergo a medical and social examination to determine their disability group. After that, they can receive appropriate social benefits and privileges.
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Social protection and benefits
Financial assistance:
- IDPs are entitled to monthly targeted assistance to cover living expenses, including housing and utility bills. The amount of assistance is set in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 535.
Housing benefits:
- IDPs can receive housing subsidies or the right to temporary residence in social housing. The state also provides construction and reconstruction of housing for IDPs.
Medical care:
- Victims of hostilities are entitled to free medical care, including rehabilitation services. War veterans and persons with disabilities receive additional healthcare benefits.
Educational and social services
Educational and social services:
- Children of IDPs and children affected by hostilities have the right to priority access to pre-schools, secondary schools and higher education institutions. The state also provides them with access to psychological assistance and social services.
Vocational rehabilitation and employment:
- People affected by the hostilities have the right to professional rehabilitation, retraining and assistance in finding employment. Employment centers provide counseling, organize training courses, and assist in job search.
Benefits for war veterans:
- War veterans are entitled to benefits in the areas of healthcare, education, housing and communal services, transportation and other social services. In particular, they can receive free vouchers for sanatorium treatment, discounts on utility bills and other social guarantees.
Legal assistance
Legal advice:
- The state provides free legal aid to victims of hostilities, including advice on the preparation of necessary documents, protection of rights in court and other legal issues.
Judicial defense:
- Victims have the right to go to court to protect their rights. The state guarantees free legal aid in cases related to violations of the rights of victims of hostilities.
The procedure for obtaining compensation
Appeal to social security authorities:
- In order to receive compensation for the loss of property or housing as a result of hostilities, victims must apply to local social protection authorities with a relevant application and documents confirming the loss.
Filing a claim for compensation:
- An application for compensation includes a description of the losses, documents confirming ownership of the property, and other supporting documents. The social protection authorities review the application and make a decision on compensation.
Receiving compensation:
- After a positive decision, the victims receive compensation to their bank account or by other means provided for. The amount of compensation is determined in accordance with the norms and standards established by the state.
Conclusions.
Ukrainian legislation provides for a comprehensive approach to protecting the rights of victims of hostilities, including IDPs, war veterans and persons with disabilities. The state provides a wide range of social services, benefits and compensations aimed at supporting these citizens and their integration into society.
However, effective realization of victims' rights requires close cooperation between government agencies, civil society organizations and international institutions. Continuous monitoring and improvement of the legislative framework will also contribute to better protection of the rights of victims of hostilities and ensure their dignified life.
