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Right of ATO combatant to cash assistance defended by lawyer from Chernihiv
Lawyer Vadym Akulenko Photo of Coordinating center for legal aid providing
Lawyer Vadym Akulenko

The lawyer from Chernihiv Vadym Akulenko helped an ATO participant obtain financial assistance, which the soldier was unlawfully denied by the local Department of labor and social protection of the population.

The ATO combatant addressed Chernihiv local center for free secondary legal aid, whose rights were violated – the Department of labor and social protection of population of Desnyansky district in Chernihiv refused the man in providing one-time annual cash assistance provided by law. The reason was the absence of the relevant certificate confirming the ATO combatant status.

In August 2015 the Centre issued the power of attorney to the lawyer Vadym Akulenko who agreed to represent the interests of the military in court.

During the hearing the lawyer drew attention to the fact that his client was granted the ATO combatant status by decision of the Commission of the Ministry of Defense of Ukraine dated by 10.04.2015 and therefore, in accordance with the provisions of the Law of Ukraine "On status of war veterans, guarantees of their social protection" he has the right to one-time cash assistance regardless of availability of the relevant certificate.

Desnyansky district court considered the lawyer’s arguments and pronounced the decision dated by 12 November 2015, which recognized the failure of the local administration of labor and social protection of population as unlawful and obliged the defendant to pay the plaintiff the amount of one-time cash assistance in accordance with the provisions of the Law of Ukraine "On status of war veterans, guarantees of their social protection".

The defendant, disagreeing with the court's decision, filed an appeal. According to the decision of Kyiv appeal administrative court dated by January 12, 2016 the appeal complaint of the defendant was not redressed.

Thus, due to the professional actions of the lawyer Vadym Akulenko interests of the ATO combatant were defended.

Reference
For the purpose of protecting the rights of individuals who participated in the ATO, but did not yet receive the combatant status, the draft law of Ukraine "On amendments to certain laws of Ukraine concerning the simplification of access to free legal assistance and improving the quality of its provision" (reg. No. 3044), submitted on September 7, 2015 by the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine, proposes to amend the list of subjects of the right to free secondary legal aid to the following categories of persons, as citizens who apply for obtaining the ATO combatant status. On 4 November 2015 the draft law was reviewed during the meeting of the Committee on legal policy and justice and the Verkhovna Rada was recommended to take it as the basis.

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