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Obtaining the status of PSO for conscripts

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Publication date: 31.03.2024
Reading time: 20 minutes
Number of views: 166
Stage Term (days) Cost
  • 1
    Written legal analysis
    2 UAH 4,560.00
    • A description of the situation, which disturbs the legal analysis, is carried out. 
    • The circumstances of the case, the presence or absence of documents relevant to the situation are established. 
    • A full oral communication is conducted in order to establish all the necessary circumstances of the case. 
    • The client's expectations regarding the results of service provision are established. 
    • An analysis of the current legislation that regulates the problem is carried out. 
    • An analysis of judicial practice regarding this issue is carried out. 
    • The lawyer's personal experience in solving such or similar problems is described. 
    • The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem. 
    • Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
In general
2 UAH 4,560.00

What is combatant status and who is eligible for it?

Combatant status (UBD) is a status granted to people who have directly participated in the defence of Ukraine. It guarantees a number of social benefits, discounts, allowances and rights.

Following Russia's full-scale invasion of Ukraine, the issue of obtaining the status of a participant in combat operations has become particularly relevant. Many conscripts were involved in hostilities, but due to the lack of proper registration, they were not recognised as combatants.

Legal grounds for obtaining UBD status for conscripts

The right to obtain combatant status is regulated by the Law of Ukraine ‘On the Status of War Veterans and Guarantees of Their Social Protection’. In April 2024, amendments were made to specify the possibility of obtaining combatant status for conscripts, subject to several criteria:

  • The conscript served in the Armed Forces of Ukraine or other military formations that took part in repelling and deterring armed aggression.
  • Direct participation in combat operations or support of combat missions (evidence: orders, reports, combat logs).
  • The period of participation is at least 30 days, or the serviceman was injured or contused.

These points are key for further processing and must be documented.

Who can apply for combatant status among conscripts

The following persons can apply for combatant status for conscripts:

  • Current conscripts who were mobilised during the war.
  • Discharged conscripts who took part in hostilities.
  • Relatives of conscripts who were killed while performing combat missions (in this case, the status is granted posthumously).

This makes it possible to involve not only conscripts themselves, but also their families in the procedure for obtaining combatant status in case of death.

Procedure for obtaining UBD status

The process of obtaining combatant status involves several key steps, each of which requires proper preparation and careful consideration. Below is the full procedure that should be followed to increase the chances of a positive decision:

  1. Gather supporting documents: these include extracts from orders for participation in combat operations, extracts from logs of completed tasks, reports, certificates of injury or contusion, and testimonies of commanders. It is important that the documents are official, signed and certified by the relevant officials.
  2. Submit a full package of documents: this can be done through the command of the military unit or directly to the interdepartmental commission under the Ministry of Defence of Ukraine. In case of difficulties, contact a lawyer for legal support.
  3. Wait for the commission's review: the commission reviews the documents, checks their authenticity, and may request additional information or explanations. This can take from several weeks to several months, depending on the complexity of the case.
  4. If the commission makes a positive decision, the conscript is entered into the Unified State Register of Persons with the Status of Combatant. This is the key moment after which a person officially acquires the status of a combat participant.
  5. Obtain a combatant certificate: the document is issued by the social protection authorities. After that, the conscript or his family can enjoy the benefits provided by law.

The whole process to receive UBD status may look complicated, but following the above algorithm significantly increases the chances of success.

List of benefits for conscripts with combatant status

Granting the status of combatant opens access to the following benefits:

75% discount on utility bills

Free travel in public transport

Free medical care and treatment in public institutions

Tax breaks, including reduced rates when buying a home

Priority provision of housing

Free education at universities and advanced training

Preference in employment and civil service competitions

To enjoy each of these benefits, you need to have a relevant certificate and, in some cases, additional documents confirming the right to a particular service.

Typical problems when applying for a residence permit for conscripts

The following problems are often encountered when applying for a combat service permit for conscripts:

  • Lack of properly executed orders or combat documents;
  • The command's refusal to confirm the conscript's participation in combat;
  • Lengthy consideration of applications by an interdepartmental commission;
  • Unawareness of relatives of deceased conscripts of the procedure for obtaining posthumous status.

Legal aid can solve most of these problems through inquiries, appeals and support in the proceedings.

How a lawyer can help a conscript obtain combatant status

Legal support is one of the most effective tools in the process of obtaining the status. A lawyer acts in the client's interests, relying on the law and the practice of the commissions. Here are the main areas of assistance:

  1. Help to collect and systematise documents.
  2. Send appropriate requests to the command and archives.
  3. Represent the interests of the conscript or his family before the commission.
  4. File a complaint in case of refusal.
  5. Speed up the process by properly filling out an application.

Consulting a lawyer will help you avoid mistakes that conscripts often make when filling out an application on their own.

Frequently asked questions about obtaining the status of a combatant for conscripts:

Question

Can conscripts who were mobilised after 24 February 2022 obtain the status of combatant?

Answer

Yes, if they performed combat missions and have the relevant documents.

Question

What should I do if the command does not issue a certificate?

Answer

You need to contact a lawyer who will obtain evidence through a lawyer's request or appeal the refusal.

Question

Is it possible to issue a posthumous combat service certificate for a conscript?

Answer

Yes, it is. Relatives can submit a package of documents if they have proof of participation in hostilities.

Question

How long does it take to get the service?

Answer

On average, it takes 1 to 3 months, but in complicated cases, up to 6 months.

Conclusion

It has become possible for conscripts to obtain the status of combat participant due to changes in legislation and the efforts of human rights organisations. This is an important step towards fairly recognising the participation of conscripts in hostilities and providing them with proper protection and benefits. In order to obtain the status of combat participant quickly and without mistakes, it is important to engage a lawyer to support the process at every stage.

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