Strategic matter. Chernihiv servicemen received the status of participants in hostilities

In early June, servicemen from the 13th separate motorized infantry battalion (hereinafter referred to as the OMPB) solemnly received certificates of combatants and breastplates. But for this event to happen, they and their families fought for 9 months for the right to receive the status. All this time, they were advised by lawyers from the Chernihiv Public Committee for the Protection of Human Rights.

The undeclared war in Eastern Ukraine is still ongoing. Regrettably, volunteers continue to provide the fighters with everything they need. And the state adopts laws to ensure the rights of fighters, which it then, for various reasons, does not implement.

Unfortunately, the reason for the failure to implement laws in many cases is the human factor, which plays a significant role in ensuring the rights of servicemen. At the end of August 2014, relatives and wives of servicemen of the 13th Territorial Defense Battalion of Chernihiv turned to the Center for Legal Information and Consultations of the Chernihiv Public Committee for the Protection of Human Rights. They asked to facilitate the rotation and obtaining by their relatives the status of a participant in hostilities. After all, the fighters had already been in the ATO zone for 4 months. From that moment on, the nine-month struggle for the status promised by the state began.

On August 20, 2014, the Cabinet of Ministers approved the procedure for granting the status of a participant in hostilities to persons who performed tasks in the ATO zone. In particular, the document stipulates that such status can be granted only to those persons who defended the independence, sovereignty and territorial integrity of Ukraine and took a direct part in the anti-terrorist operation, ensuring its conduct, being directly in the areas of the anti-terrorist operation. At the same time, a procedure for registering the status was established, according to which commanders (chiefs) of military units (bodies, units) or other heads of institutions, establishments, within a month after the completion of the tasks by the military, submit a full package of documents for consideration to the commission of the Ministry of Defense of Ukraine on determining combatants.

It was also provided that in the event that the commander (chief) of a military unit (body, unit) or another leader fails to submit the documents necessary for granting the status of a combatant to the interdepartmental commission, the person may independently apply to such commissions. However, such a serviceman is obliged to submit a full package of documents independently.

Initially, all soldiers of the 13th OMPB were promised to collect the necessary documents and submit them for consideration after the rotation. On November 4, 2014, the long-awaited rotation took place, but the documents were not submitted by the unit commander. Time passed, and the commander of the 13th battalion changed. Again, the issue became “untimely”.

A month later, the servicemen were again sent to the ATO zone. And those who were undergoing treatment remained in Chernihiv, and supposedly the documents could be submitted without the unit command. However, it turned out that the soldiers had not been given one of the orders… The commander together with the military unit in the ATO zone. There is no mobile or postal communication, so it is impossible to get the documents. And everything was postponed again. Then new wounded, dead, prisoners…

This is how time passed. The soldiers had the right to receive the status of participants in hostilities, but they could not realize it.

Having learned about the demobilization, in April 2015 they once again turned to the Center for Legal Information and Consultations for consultation. However, there was a delay again on the way to receiving the documents: the battalion commander was demobilized along with the servicemen, a new one had not yet been appointed, and some remained there in the East.

It was after this that the guys decided to seek help from the Chernihiv Regional Military Commissariat after demobilization. Finally, thanks to the help of the military commissariat employees, the perseverance of the servicemen of the 13th OMPB and their relatives, and the legal support of the lawyers of the Chernihiv Public Committee for the Protection of Human Rights, on June 6, 2015, the servicemen solemnly received certificates of participants in hostilities and badges.

All this time – from August last year to June this year, the Center’s lawyer Nataliya Piddubna consulted the relatives and friends of the soldiers, helped them write reports and statements. In addition, on April 9, together with the wives of the guys, I was at a reception at the Deputy Minister of Defense of Ukraine, with whom we discussed the issue of obtaining the status of a combatant by the fighters. All the actions of the servicemen and their applications were agreed with the lawyers of the Center. So the case was successfully completed, and the fighters of the 13th battalion received a certificate of a combatant. Now they will be able to fully enjoy the benefits provided for by law.

Reference

Professional free legal assistance and legal support for ATO participants (their relatives), servicemen, persons who were injured or died during service, were or are in captivity. For help, please contact:

Chernihiv Public Committee for the Protection of Human Rights

Reception address: 14000, Chernihiv, st. Gorkogo, 57

Tel.:

(0462) 612-532





(0462) 612-532

The network project “Improving the level of legal protection of military personnel, ATO participants and their family members through the provision of legal assistance and monitoring” operates with the financial support of the International Renaissance Foundation.

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