Today important issue is the social and legal protection of participants in anti-terrorist operation in eastern Ukraine. Since 2014, the legislation Ukraine introduced a number of innovations that will provide the appropriate level of “soft security” veterans participating ATO. It is for this given the considerable number of advantages in a variety of benefits that are designed to ensure maximum social security soldiers and their families.
To begin to determine which of soldiers (reservists, military service) and staff belonging to the combatants (ATO), according to p. 19 and p. 20. 6 of the Law of Ukraine “On the status of war veterans, guarantees of their social protection”:
• Armed Forces of Ukraine;
• National Guard of Ukraine;
• Security Service of Ukraine;
• Foreign Intelligence Service of Ukraine;
• State Border Service of Ukraine;
• State Emergency Service of Ukraine;
• State Special Transport Service;
• military prosecutors.
Those soldiers and officers provide operational units of the antiterrorist operation areas:
• Central executive body that implements state tax policy, state policy of the state customs * State Fiscal Service of Ukraine;
• Ukraine National Police, the ordinary people, commanders;
• military personnel, Ministry of Internal Affairs of Ukraine;
• the State Guard of Ukraine;
• State Special Communications Service of Ukraine;
• State Penitentiary Service of Ukraine;
Also those with other established under the laws of Ukraine’s military forces, defending the independence, sovereignty and territorial integrity of Ukraine and took part in anti-terrorist operations, ensuring its implementation, while directly in the areas of anti-terrorist operation during its implementation.
Additionally, in paragraph 20 of Article 6 of the Act defines persons composed of volunteer groups that were created or organized themselves to protect the independence, sovereignty and territorial integrity of Ukraine, took part in anti-terrorist operations, ensuring its implementation, while directly in the areas of anti-terrorist operations in during its holding, provided that in the future these volunteer units were included in the Armed Forces of Ukraine, Ministry of internal Affairs of Ukraine, the National Guard of Ukraine and other established under the laws of Ukraine’s military forces and law enforcement.
For example, it is volunteers from the famous 24th separate assault battalion of the Armed Forces “Aydar” 11 separate infantry battalion of the Armed Forces “Kievan Rus” and Regiment Special Purpose National Guard of Ukraine “Azov” which was formed in 2014 with the beginning of Russian aggression Ukraine.
However, unfortunately, there are disputes about the recognition of some volunteer groups such as Duc “Right Sector”. The list of recognized volunteer groups defined Terrorist Center SBU and GS.
Separately want to note that the provision of veteran status to persons category of such persons and the terms of their participation (of software) in anti-terrorist operations and anti-terrorist operation areas defined by special order of the Cabinet of Ministers of Ukraine dated 20.08.2014, the number 413.
Under paragraph 2 of the Procedure veteran status granted to persons in case of their involvement in the antiterrorist operation for a period of not less than 30 days, including on set days in the areas of ATO.
In Article 12 of the Law of Ukraine “On the status of war veterans, guarantees of their social protection”, stated a list of benefits, particularly for participants ATO:
1) obtaining free medicines, medical products, immunological products and medical devices on prescription;
2) priority free prosthetic dentistry (except prosthetics with precious metals);
3) free provision of sanatorium-resort treatment or compensation value independent of spa treatments. The order granting vouchers, the amount and order payment of compensation cost of independent sanatorium treatment by the Cabinet of Ministers of Ukraine;
4) 75 percent discount payment for use housing (rent) within the standards required by law (21 sq. Meter of housing area per person resides in a dwelling (house) and is entitled to a fee, and additional 10.5 sq. meters per family);
5) 75 percent discount fees for utility services (gas, electricity and other services) and balloon liquefied gas for domestic use within average consumption rates.
6) 75-percent off the cost of fuel, including liquid within the norms established for sale to the public, for those who live in homes that do not have central heating;
7) free travel with all kinds of public passenger transport by road public transport in rural areas, as well as rail and water transport buses and suburban commuter and intercity routes, including vnutrirayonnyh, endo- and interregional regardless of distance and location.
Regarding this point alone should be noted that in practice, often on long distance drivers, district and regional traffic is denied, whereby a very rough form, participants ATO and other categories of beneficiaries. In this regard occurred and continues to occur many unpleasant embarrassment.
This case – a public humiliation for the person who provided the necessary rights and privileges struck terror war and which has negative effects on health and personal life. So people who are “rightly” earn this privilege, it is extremely difficult to take it from the drivers at that – in most cases, do not pay taxes on real income, do not support proper technical condition of the vehicle and the level of cleanliness in the salon, smoking, use obscene vocabulary with passengers.
For when all local authorities in accordance with Art. 26 Law “On local government” and Art. 37 Law of Ukraine “On Automobile Transport” compensate the carrier for the local budget, expenses related to the transportation of beneficiaries.
So give further list of benefits under the said article:
8) use at retirement (regardless of the time of retirement) or change jobs clinics and hospitals to which they were attached on a previous job;
9) annual medical examination and clinical examination involving the necessary specialists;
10) primary care in medical institutions, pharmacies and primary hospitalization;
11) payment of temporary disability of 100 percent of the average wage regardless of length of service;
12) Use regular annual leave at a convenient time for them, as well as obtaining additional leave with pay for a period of 14 calendar days per year;
13) the preferential right to remain at work while reducing the number of staff or due to changes in production and labor and employment in the event of liquidation, institution or organization;
14) providing primary living space of people who need better housing, and priority allocation of land plots for individual housing construction, gardening, primary repair houses and flats these people and provide them with fuel.
Combatants who were wounded, concussion or injury while participating in combat or while performing military duties, provided living space, including through the living area, passed ministries and other central executive authorities, enterprises, institutions and organizations at the disposal of local councils and administrations – within two years after taking on the housing register;
15) obtaining loans for the construction, reconstruction or major repairs of residential buildings and the household buildings, joining them to the utilities, communications, and loans for the construction or purchase of country houses and landscaping gardens maturing for 10 years starting from the fifth year after construction. These loans are available in the manner determined by the Cabinet of Ministers of Ukraine;
16) the first right to join the housing and construction (housing) cooperatives, cooperatives for the construction and operation of collective garages, parking areas for vehicles and their maintenance to gardening companies, the purchase of materials for the construction of individual houses and garden;
17) free travel once every two years (there and back) railway, water, air, or intercity road, regardless of rail traffic, or travel once a year (there and back) of the means of transport with a 50 percent discount;
18) the payment of taxes, duties and other payments to the budget according to the tax and customs laws;
19) the extraordinary use of all communication services and extraordinary installation privileged residential phones (payment of 20 percent of value of fixed rates and 50 percent – additional work). Subscription fee using a telephone set at 50 per cent of the approved tariffs;
20) primary service enterprises, institutions and organizations of consumer service, catering, housing and communal services, long-distance transport;
21) turn placement to institutions of social protection and maintenance services of social protection at home. Failure to implement such service institutions Social Welfare reimbursed the costs associated with caring for these war veterans, in the manner and amount established by legislation;
22) combatants in other states are entitled to non-competitive entry into universities and preferential right to join the vocational schools and courses to obtain relevant professions.
Privileges on payment for housing, utilities and fuel, referred to in paragraphs 4-6 of this Article, provided combatants and their families who reside with them, regardless of the type of housing or form of ownership.
Also in the article 12 of this law participants ATO pensions or monthly lifetime allowance or state social benefits paid in lieu of pensions, rising to 25 per cent of the minimum subsistence level for those unable to work.
Important – May 5 annual combatants single allowance paid at a rate determined by the Cabinet of Ministers of Ukraine within the budget allocations set by the State Budget of Ukraine.
And besides state provides participants ATO and their children, including children who are enrolled in full-time education in vocational and higher education – to graduation, but not longer than until they reach 23 years, state target support to obtain vocational and higher education in state and communal educational establishments.
But unfortunately the latter does not apply to members volunteer groups.
State targeted support to obtain vocational and higher education is provided in the form of:
• full or partial tuition from the state and local budgets;
• preferential long-term loans for education;
• Social scholarships;
• providing free textbooks;
• free access to Internet and database systems in state and communal educational establishments;
• free accommodation in a hostel;
This also applies to other measures approved by the Cabinet of Ministers of Ukraine. Appropriate formulations also zakrpileno in p. 17 c. 44 of the Law of Ukraine “On Higher Education” by 2014.
The small “bonus” are and the Law of Ukraine “On improving the material conditions of combatants and war invalids.”
Participants ATO provides for additional payment of 40 USD, regardless of the size of pensions and allowances, promotions, additional pension, the target cash benefits and pensions for special merits before Ukraine. “40” USD. – the price of “improvement” by ATO. No! We agree that given the many benefits and different “social bonus. protection “, but on the other hand looks like a mockery of the people!
Separately, it should be noted regarding the retirement age of participants ATO. According to the Law of Ukraine “On Compulsory State Pension Insurance” from 2003,
ATO members are entitled to the appointment of an early retirement pension on reaching men 55 years, women – 50 years and if insurance is not less than 25 years for men and at least 20 years for women.
Regarding the issue of land allocation of land to participants ATO.
First, the law which regulated the matter?
According to Art. 14 Article 12 of the Law “On the status of war veterans, guarantees of their social protection”, including participants ATO is given priority allocation of land for the purpose of:
• individual housing construction;
• gardening and horticulture.
The transfer of ownership of land is carried out in the manner specified by Article 118 of the Land Code of Ukraine. However, the provision in the property is subject to that party ATO:
• Pre-exercise the right to free the ownership of land;
• provide document certifying his participation in anti-terrorist operations (license, certificate, order, etc.).
Secondly, on the importance of the purpose of land.
Land may be provided by the ATO in the property within the limits of free privatization, under Article 121 of the Land Code of Ukraine. Depending on its purpose, is provided in the following areas:
1) for gardening – no more than 0.12 hectares;
2) for subsidiary farming – no more than 2.0 hectares;
3) for the construction and maintenance of residential homes, commercial buildings (homestead section):
• in the villages – no more than 0.25 ha
• in the villages – no more than 0.15 ha
• in cities – no more than 0.10 hectares;
4) individual country construction – no more than 0.10 hectares.
Third, and most importantly, it is – the procedure for land allocation.
So what should you do ATU participant (in chronological order):
1. You need to apply for permission to develop land management documents to the relevant executive authority or local authority, which transfers land ownership.
The petition shall contain:
• purpose of the land;
• its estimated area;
It also added a graphical layout of the location of the desired land.
2. This government authority, which transfers the ownership of land under the authority examine the request within a month and gives permission to develop land management project on land allocation or provide a reasoned refusal for its provision.
3. Development of the project land for land allocation by order of public entities that are executors of the land under the law in terms that are stipulated. The project land is subject to approval of the regional body Derzhheokadastru Ukraine, and in the case of a land plot within the village or land outside the settlement, which is planned construction of the object – the structural units of district administrations in urban planning and architecture.
4. After approval of the project land to the person you need to contact the state cadastre at the location of land with an application for state registration of land and provision of an extract of land with the State Land Cadastre.
5. The relevant authority within two weeks after receipt of the agreed Project land shall decide on approval of the project land for allotment of land and granting it ownership.
Further notes on the timing of execution of documents and their cost
1. Submission of application for permission to develop land documents to the relevant public authority that is given at the time of presentation (free of charge);
2. The decision on granting permission to develop land management documentation – issued 30 days after submission (free);
3. Development of land documents – no more than 6 months (the value determined in the contract with the developer);
4. Procedure for approval of land documents – 10 working days (free of charge);
5. Registration of land in the State Land Cadastre – up to 14 working days (free of charge);
6. Issuing a decision on approval of land use documentation and transfer land ownership – within optimal deadlines (free);
7. The procedure for registration of ownership of land – within 14 working days from payment of state. fees 119 USD. and 120 USD. for obtaining extracts from the register of rights to immovable;
And therefore, it is important to note that participants ATO the right to demand from local councils review their applications for the provision of land as a priority. In case if you can not satisfy the request, that rejection, the local council must provide a written reasoned response, with a detailed explanation of the reasons. The decision on the allocation of land, usually officially published on the local council.
However, if the actual availability of land that somehow seamlessly out to others who have no right of priority to obtain land, and participants provided ATO failure, there is a chance to appeal against this refusal to the administrative courts.
Also good news that according to p. 13, ch. 1 of Article 5 of the Law “On Court Fee” participants ATO as other combatants are exempt from paying court fees at all! That may file a lawsuit without paying the amount as it is sometimes very large only of action!