ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
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with a disability due to war”. This status can be granted to persons who have a disability resulting from
injuries or other damage to health sustained from explosives, ammunition and military weapons in the
ATO area (up to 1 December 2014), and since 1 December 2014, on the territory of the ATO/OUF and in
settlements located on the ‘contact line’ during the ATO/OUF.
Other civilians who have suffered injuries or health impacts as a result of the hostilities, but have not
been assigned a disability group, do not receive any attention from the Government.
The Commissioner noted the lack of a unified state system to register civilians killed and wounded
during hostilities. Public authorities and local self-government bodies in Luhansk and Donetsk oblasts
have different approaches to the registration of war victims (or do not keep such records at all). Data
from various sources on fatalities and on wounded and missing persons differ significantly.
According to Luhansk and Donetsk regional military-civil administrations, since the beginning of
hostilities 534 civilians have applied to medical institutions and been registered as having sustained
injuries or other health impacts related to the hostilities; of these 513 were registered in Luhansk and 21
in Donetsk oblasts. However, the actual number of injured civilians is unknown36.
According to the Ministry of Veterans, as of 6 February 2020, 107 applications had been submitted to the
Inter-Agency Commission to establish the presence of injuries or other health impacts sustained from
explosives, ammunition and military weapons in the ATO/OUF area. The Commission ruled that 83 of
these persons had sustained injuries or other health impacts, but denied 6 applications. Consideration
of the remaining applications was postponed for clarification of information for 7 persons, and a further
11 applications were not considered.
Social insecurity of persons illegally detained as a result of the armed aggression against Ukraine
CHAPTER 5
As evidenced by the problems highlighted in appeals to the Commissioner from persons who were
detained in the temporarily occupied territories of Donetsk and Luhansk oblasts, the current legal
framework provides for the payment of one-time cash benefits and other social benefits only to those
who were released on 27 December 2017, 24 January 2018, 7 September and 29 December 201937.
This leaves many affected people without access to social protection. For instance, the NGO Ukrainian
Association of Prisoners, which cares for more than 3,000 released persons, almost half of whom are
civilians of all ages, has campaigned to protect the right to one-off cash benefits for persons released
from captivity between 2014 and 27 December 2017.
Following a request for clarification from the Commissioner, the Ministry of Veterans reported that the
respective acts of the Cabinet of Ministers of Ukraine do not extend to persons released from captivity
before 27 December 2017. Their social protection requires legislative regulation38.
These data do not take into account cases that occur in non-government-controlled areas, and do not take into account health problems
sustained for various reasons that eventually led to disability.
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Protection of the rights of persons detained as a result of the armed aggression against Ukraine after their release is regulated by a number of
acts, in particular, Cabinet of Ministers of Ukraine Resolutions 38 “Certain Issues of Social Support to Persons Released from Captivity” of 31 January
2018, 84 “Certain Issues of Social Support to Persons Illegally Deprived of Personal Liberty” of 11 September 2019 and 1122 “Certain Issues of Social
and Legal Protection of Persons Deprived of Liberty as a Result of Armed Aggression against Ukraine, after Their Release” of 11 December 2019.
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38
During 2017 and 2018, draft laws were registered in the Verkhovna Rada of Ukraine aimed at regulating the legal status of persons who had
illegally been detained. Two of these were revoked, and a number of significant comments and suggestions were made to the third draft law
(registered an no.8205 of 27 March 2018 and re-registered as no. 0936 of 29 August 2019).
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