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Two certificates for one lost

To use the right to preferential journey in long-distance transport parents of lost ATO participant have to receive two certificates. For under one law members of families of lost soldiers have the right to preferential journey and under another one - no.

In May, 2015 parents of the lost soldier Sergey Kolotaiev received in the Department of social protection the certificate of the member of the family of the lost in action, which grants the right to privileges according to Art. 15 of the Law "About the Status of Veterans of War and a Guarantee of Their Social Protection".

Since July 1, 2015 the right to preferential journey in long-distance bus transport for members of families of was withdrawn from this law. But the right to journey in such transport for 50% discount remained valid for parents according to the Law "About Social and Legal Protection of the Military Personnel and Members of Their Families".

However, when showing the certificate of the member of the family of lost soldiers in the station cash desk, the parents were always refused of receiving the discount ticket. Cashiers motivated refusal the following way: the available certificate does not confirm that they are parents, not simply members of the family of the lost serviceman. While refusing employees of the bus station were not polite and every time the parents bore emotional wounds.

Sergey Kolotaiev’s sister Victoria stated her indignation on social media: "This certificate is quite valid to arrive in Kherson, and invalid two days for leaving the city. Might makes right! Mother of the lost hero who protected his Homeland for 8 months on the first line of defense was forced to buy the full-price ticket and awfully offended..."

After that Victoria used the government hotline 0 800 507309 to complain. The woman was explained that the Resolution of the Cabinet of Ministers of 1993 really provides granting one more "certificate for the right to use privileges of members of families of military personnel lost or missing while on active duty". That is the certificate that grants the right to use privileges under the Law "About Social and Legal Protection of the Military Personnel and Members of Their Families".

However, after the sister’s oral addresses this certificate  was refused to be granted both in the military registration and enlistment office and in the department of social protection of the population. The department of social security had already granted one certificate. Employees of military registration and enlistment office explained that they had no such powers since 2006.

Lawyer of Community Law Center at Information Resource Centre "Legal Space" Volodymyr Orlovskiy, who the sister addressed, helped her cope with the problem. He advised how to file the statement to the military registration and enlistment office, explained which regulations oblige the administration of the office to give the certificate. The application was submitted to the Kherson integrated city military registration and enlistment office, and then it was sent for consideration to the city military registration and enlistment office by the place of Sergey Kolotaiev’s parents. Both establishments needed about a month to react and resolve the issue. The parents received the certificate on September 29.

Reference
Community Law Center Network works in partnership with Ukrainian Legal Aid Foundation together with Coordinating Center for Legal Aid Providing of the Ministry of Justice of Ukraine with support of International Renaissance Foundation.

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