In addition to IDPs, who fleeing from the consequences of conflict were forced to leave their native towns and villages, there are people, who moved within their home locality, in Ukraine. For example, a building was hit by a shell, so people moved in with relatives or friends. Human rights activists call this category of people affected by the conflict “displaced”, according to Right to Protection.
During the weekly field legal session in the city of Krasnogorivka in Mariinka district, Donetsk region, employees of CF "Right to Protection" met the family, whose home was badly damaged in the shelling, so the family was forced to move to a rented apartment in the same locality. They had lived for 2 years there. All this time they could not receive the IDP status and relevant payments.
The head of the family has a group III disability, it was difficult for him even to stand, leaning on crutches. He assumes that his physical condition meets the group II disability, but to confirm this, he has to pass the MSEC re-examination in another city. It is very difficult to get there and in addition the family is lack of money.
His wife and daughter are officially employed, so if all family members were registered as IDPs and issued targeted assistance, they would receive 2131 UAH per month. But such persons are almost always denied in the registration of IDPs.
According to the article 1 of the law of Ukraine "On ensuring rights and freedoms of internally displaced persons," an internally displaced person is a citizen of Ukraine, foreigner or stateless person residing in Ukraine legally has a right to permanent residence in Ukraine, who was forced to leave their place of residence as a result of or to avoid the negative effects of armed conflict, temporary occupation, widespread violence, human rights violations and emergency situations of natural or technogenic character.
Knowing about the numerous failed attempts of other inhabitants of Krasnogorivka, these people did not believe that they would manage to exercise their right and receive the IDP status. But after talking with the staff of CF Right to Protection" they decided to fight for their rights. They came to the Department of social protection of the population of Maryinsky district in the city of Kurakhovo.
The lawyer of CF "Right to Protection" Ruslan Bereteli supported the family and conducted explanatory work with employees of the Department for more than 5 hours.
However, specialist of the Department orally denied to register them, and the head of the Department accepted a statement, but also refused registration, thus denying providing the written refusal.
"This makes it impossible to appeal against the illegal decision in court and is categorically contrary to the requirements of paragraph 8 of the Resolution of Cabinet of Ministers № 509 which states that the decision to refuse the issuance of a certificate with the obligatory indication of the grounds for refusal, signed by the head of the authorized body shall be issued on the day of presentation of a statement of registration, and in the case stipulated by the second paragraph of paragraph 4 of this Order, no later than 15 working days after its filing," said Ruslan Bereteli.
After a long explanation of the provisions of the legislation of Ukraine employees of the Department decided to register the applicants. Also Ruslan Bereteli helped them make an application for the appointment of targeted assistance.
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