ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
98
other mechanisms for the protection of their rights. At the same time, despite the Russian Federation’s
efforts to uphold the principles of democracy and the rule of law, personnel held by illegal armed groups
are generally deprived of such assistance during detention, sentencing by courts outside Ukraine, and
further serving of illegal sentences.
Deprivation of the right of 24 Ukrainian Navy personnel to receive one-off financial assistance
To provide additional measures to protect military personnel who were captured and released on 7
September 2019, the Cabinet of Ministers of Ukraine adopted Resolution 845 “Certain Issues of Social
Support for Persons Who Have Been Illegally Deprived of Personal Liberty” of 11 September 2019.
However, during implementation of its provisions, these persons were denied the one-off financial
assistance provided for in this Resolution. Namely, 24 Navy personnel of the Armed Forces of Ukraine
were deprived of the right to receive such one-time financial assistance.
The Commissioner drew the attention of the Prime Minister of Ukraine to the need for strict observance
of socio-economic rights. As a result, the one-off cash benefit was paid to all groups of persons provided
for in the above-mentioned Cabinet of Ministers of Ukraine Resolution.
Failure of public authorities to take appropriate and sufficient measures to search for missing persons
CHAPTER 4
This is a violation of the right of family members to obtain information about the whereabouts of a
missing person, the circumstances of his/her death and the place of burial (if known), as well as the right
to receive his/her remains.
Monitoring of implementation of measures to identify, register, search for and socially protect missing
persons and members of their families, provided by the Law of Ukraine 2505-VIII “On the Legal Status of
Missing Persons” of 12 July 2018 revealed that after the Law was adopted, the only actions taken were
the approval of the composition of the Commission on Persons Missing in Special Circumstances and
the adoption of Cabinet of Ministers of Ukraine Resolution 726 of 14 August 2019 on the “Procedure for
Maintaining the Unified Register of Persons Missing in Special Circumstances”.
However, the Commission has not started its work as the Government has failed to adopt the relevant
regulation; therefore, the Commission cannot perform its functions. The above-mentioned Register
has also not been created, as the procedure for its formation, the status of an administrator and so on
have not been determined by law. This means that the legally guaranteed rights of missing persons and
members of their families can be violated.
To settle this legal conflict, the Secretariat of the Cabinet of Ministers of Ukraine, the Ministry of Internal
Affairs, the Ministry of Justice and the Ministry of Social Policy are working on appropriate amendments
to the regulations, with input from the Commissioner.
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