Last year in November Valery Holodnyak’s story, who couldn’t receive the ATO combatant status for several months, was published on the Legal Scope web portal. The reason is the military units where he served did not submit necessary papers. They were not registered in time and the soldier was simply forgotten about.
Valery was called up to the army on August 21, 2014. Though the man was 50 years old, the medical commission recognized him as healthy. But in a month of service, after active training Valery felt severe pain in his knees and back. Despite it the man continued serving, at first in the city of Popasna of Luhansk region, then near Stakhanov. On July 29, 2015 during the strong attack there was an accident. When falling to the entrenchment Valery broke his hand and injured the back. He was evacuated to Mykolaiv hospital. On September 25 Valery was demobilized.
Unfortunately, the military unit did not submit all the documents. Besides, it did not make an investigation and did not provide the certificate of circumstances of Valery’s injury to the Medical Consultation Commission. The man can't receive the ATO combatant status, couldn't receive the one-off injury benefit and unemployment benefit for several months. Due to severe pain Valery can't work. He needs high-quality inspection and treatment, but instead he is busy in fighting for the relevant status in offices.
Feeling despair Valery addressed the lawyer of Kherson regional charity and health foundation Volodymyr Orlovsky.
The lawyer studied facts of the case and together with Valery developed the plan of further actions. First, they had to obtain documents from military units to register the ATO combatant status. Secondly, the income certificate to receive unemployment benefit. Thirdly, to make the unit conduct an investigation of circumstances of receiving injury by Valery.
The lawyer Volodymyr Orlovsky addressed partners from the Legal One Hundred NGO. The lawyer Yaroslav Pysarev from Kramatorsk directly talked to accountants of the military unit. As a result Valery received the 4 month salary certificate from the unit. The inquiry to receive the 2 month income certificate was sent to the other military unit through the military registration and enlistment office.
Also Valery sent the complaint letter to the Ministry of Defence of Ukraine. In December the official answer came from the Central Military Medical Department of the Armed Forces of Ukraine. It specified that documents for receiving the ATO combatant status were prepared and sent to the military unit. Valery could receive them either personally or at the request of the military registration and enlistment office.
So, due to lawyers of Kherson regional charity and health foundation Valery’s case moved a little. The first victory is won – the income certificate is received, papers for granting the ATO combatant status are prepared.
The editorial staff of IRC "Legal Space" follows developments.
The network of Community Law Centers works in partnership with the Ukrainian Legal Aid Foundation together with the Coordinating Center for Legal Aid Providing of the Ministry of Justice of Ukraine with the financial support of the International Renaissance Foundation.
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