The IDP woman was twice refused to be granted an internally displaced status because she had settled in a hotel. The lawyer of Novoyadar Office of the Legal Development Network Tetyana Ganshyna, referring to the legislative norms, proved that the displaced person still has the right to the IDP status.
Olesya Myrna* addressed the Office at NGO "Public Service of Legal Aid". She told that she twice received an oral rejection from the bodies of social protection of the population in obtaining the IDP status. The department reported that she was not entitled to this status, because she lives in a hotel. Therefore, the woman asked the lawyer of the Office to explain the rules of law and the procedure for obtaining the IDP status.
The lawyer Tetyana Ganshyna explained that in accordance with the Resolution of the Cabinet of Ministers No 509 dd 10/01/2014 on the registration of internally displaced persons, it was determined that the addresses (location) of state authorities, local self-government, legal entities of public law, their subdivisions and any other premises cannot be indicated as their actual place of residence, at which internally displaced persons do not actually reside.
“As for recognizing the hotel as the place of actual residence, the current legislation does not impose any restrictions”, the lawyer noted.
In addition to the aforesaid, in accordance with the Law of Ukraine "On Tourism", the hotel provides hotel services for temporary accommodation with obligatory service, that is, it can be recognized as a place of temporary residence.
The lawyer of the Office advised Olesya to write a petition to the social security authorities to obtain a written refusal to confer the IDP status.
The lawyer helped the woman write an appeal. The document was considered and the woman was granted the IDP status.
*The name is changed for ethical reasons.
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