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How ATO soldier and human rights activist won Kharkiv City Council
How ATO soldier and human rights activist won Kharkiv City Council

Kharkiv City Council lost the case against the officer – the ATO participant supported by lawyers of Chuhuiv human rights group. The court  obliged the municipality to provide the ATO participant who is a non-resident of Kharkiv region with a plot of land.

Victor* is a Ukrainian soldier who lived in Feodosia and had to leave the Peninsula, when the Crimea was annexed by Russia. The officer was not tempted by the promise of high wage in the "Russian world", Voreover, he went to fight with the armed invaders and their henchmen.
Having entered for military service Kharkiv National Academy of National Guard of Ukraine, Victor was registered as an internally displaced person.

In May last year, he, having received the ATO combatant status, participated in the antiterrorist operation, addressed the Mayor of Kharkiv with the statement for consideration of his inclusion in the citywide list to obtain a land plot.
However, on June 26, 2015 the Department of the account and distribution of living space of residential sector division of Kharkiv City Council informed Victor about the impossibility of his inclusion in the waiting lists for obtaining a land plot for lthe ack of the residence registration in the city of Kharkiv.
Given the fact that at the legislative level no reference to the place of registration or residence of the serviceman in considering his appeal regarding the receipt of their ownership of the land within a specific locality or territory is required, Victor addressed human rights defenders.
Lawyers of Chuhuiv human rights group headed by Roman Likhachov prepared the statement of claim and defended the interests of the plaintiff in court.

On the international Human Rights Day, December 10, 2015 Dzerzhinsky district court of Kharkiv announced the decesion that acknowledged the illegal actions of the Kharkiv City Council on the refusal to include Victor in the citywide waiting lists to receive the land and obliged to include him in these lists "in accordance with the current legislation of Ukraine governing the granting of land to ATO participants", according to statements dated by 14.05.2015.
Officials of the City Council disagreed with "the current legislation of Ukraine” and the decision of the court and decided to appeal.
Recently the Board of Judges of Kharkiv Administrative Court of Appeal decided to remain the resolution of Dzerzhinsky district court of Kharkiv dated by 10.12.2015 unchanged. It was noted: "The Board of Judges does not accept the mandatory registration in the city of Kharkiv, which provides the "Procedure for registration of citizens wishing to obtain the land plots for construction and maintenance of commercial buildings and structures", approved by decision of Kharkiv City Council dated by 20.02.2009, as the law adopted by the Supreme legal force does not contain the relevant restrictions”.
“This is a precedent, we will inform about developments on the defence of the rights of ATO combatants against the arbitrariness of the authorities», members of ChHRG stated.

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