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"The property has been destroyed ... due to the explosion of warheads"
Garage and car were dismantled as a result of explosions.Photo courtesy of Chuhuiv Human Rights Protection Group.
Garage and car were dismantled as a result of explosions.

The participant of combat actions demands from the Ministry of Defense of Ukraine compensation of pecuniary damage in the amount of more than 400 thousand UAH. He appreciated his moral suffering almost in the same amount. The case promises to become a particular precedent. After all, in the city of Balaklia of Kharkiv region, hundreds of people were affected by explosions of munitions from the military arsenal.

Anatolii* lived in Kharkiv region and participated in military operations. He returned home to peaceful Balaklia... And on March 23, 2017, a fire with further explosion of warheads took place on the territory of the 65th artillery shell rocket arsenal (military unit A-1352 of the Ministry of Defense of Ukraine).

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Explosion of ammunition arsenal in Balaklia. Photo courtesy of Chuhuiv Human Rights Protection Group.

On that day the windows were knocked out in the apartment, the drywall fell, the tiles fell off in the bathroom and the kitchen, interior doors and a refrigerator were damaged.

In addition, ammunition hit the garage. Estimated material damage makes 325 thousand UAH.

Totally, Anatolii's family suffered from an unexpected "artillery shooting" in the amount of 400 856.84 UAH.

To say that the state was hurried with the help to the victims would be a great exaggeration. Even Anatolii, as an injured person, was not provided with any procedural document from which he would have been able to find out about the progress of the pre-trial investigation. He still does not know what steps have been taken to investigate the criminal proceedings and whether they were conducted at all.

Therefore, Anatolii appealed for legal aid to the Office of the Legal Development Network at the Chuhuiv Human Rights Protection Group. Human rights activists helped him file a lawsuit in court.

The combatant requires the Ministry of Defense of Ukraine to compensate for pecuniary damage in the amount of 400 856.84 UAH. Almost the same amount is demanded for his moral suffering.

The case promises to become a particular precedent. After all, hundreds of people were injured from the explosion of ammunition from the military arsenal.

Comment by a specialist

Roman Likhachev, a lawyer, a leading analyst of Chuhuiv Human Rights Protection Group

Світлина від Романа Лихачова.

Photo: Roman Likhachev’s Facebook.

Article 56 of the Constitution of Ukraine guarantees that everyone has the right to compensation at the expense of the state or bodies of local self-government for material and moral damage caused by illegal decisions, actions or omissions of state authorities, local self-government bodies, their officials and officers in the exercise of their powers.

Although the main version of the blasts in the Balaklia arsenal is sabotage, it does not remove the responsibility of the state for improper protection and storage of ammunition. And the duty to pay compensation for civilian casualties.

*The name is changed for ethical reasons.

P.S. Offices of Legal Development Network are created and work with the financial support of Human Rights and Justice Program Initiative of International Renaissance Foundation. You can learn more about activity of Network, basics and principles of work on Legal Space website.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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