War veterans fail to use their benefits for more than 10 years The law on possibility to take loans for the construction and reconstruction of housing has still not entered into force, the Cabinet of Ministers did not adopt the procedure and conditions for its implementation. Due to the lawyers of the NGO Chuhuiv human rights group, the court found inaction of the Cabinet of Ministers unlawful and ordered to develop a procedure and terms of loan.
Back in the summer of 2016 a war invalid of III group Oleksii Parkhomenko* addressed Chuhuiv human rights group. He, like most combatants, is in need of better housing conditions. These benefits are supposedly already fixed by the Law of Ukraine "On status of war veterans, guarantees of their social protection" (p. 16 V. 15) dd 13.01.2005.
According to this law, veterans are eligible for loan for:
Construction, reconstruction or repair of residential houses and household buildings, their connection to engineering networks, communications,
Construction or purchase of country houses and landscaping of the garden plots.
They may return funds for 10 years, starting from the fifth year after construction.
The Cabinet of Ministers had to take the order and the implementation of the Law within three months from the date of publication, which provides an opportunity for soldiers to improve their housing. These benefits are provided to veterans of the war only in accordance with the procedure determined by the CMU.
But since the adoption of the Law more than 10 years has passed, and the Cabinet of Ministers of Ukraine has not developed the procedure for and terms of loan.
Thus, ATO participants are unable to make use of this norm.
Given the authority of the Cabinet, the current situation violates the constitutional rights of persons defined in the Law of Ukraine "On status of war veterans, guarantees of their social protection".
The lawyers of the Center helped Oleksii to file the appeal to the Cabinet of Ministers of Ukraine to clarify the causes of the inactivity of the Cabinet of Ministers with a request to develop the procedure and conditions for obtaining benefits provided by law.
After the call to the Cabinet of Ministers of Ukraine human rights activists filed lawsuits in the District Administrative Court (Kyiv), in which they asked to recognize the inactivity as illegal and to oblige the Cabinet of Ministers of Ukraine to rectify the situation, implement the provisions of the Law of Ukraine "On amendments to the Law of Ukraine №2344-IV "On status of war veterans, guarantees of their social protection" dd 13.01.2005.
In March 2017 by the decision of the District administrative court of Kiev the claim was satisfied in full.
The full text of the court decision can be read here.
Now the decision has not yet entered into force. CMU has filed an appeal against the decision of the court.
*The name is changed for ethical reasons.
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