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OSCE representatives analyze legal problems of military personnel
The representatives of the OSCE are discussing the protection of the rights of the military in the office of the IRC "Legal Space". Photo by Volodymyr Orlovsky, IRC "Legal Space"
The representatives of the OSCE are discussing the protection of the rights of the military in the office of the IRC "Legal Space".

It dealt with obstacles to access to justice, protection of labor rights of ATO participants and other systemic issues faced by the military in the Information Resource Center "Legal Space". On July 13 the office was attended once again by representatives of the Kherson group of the OSCE special monitoring mission in Ukraine.

The questions were answered by the team of the Legal Space.
Irene Ballesteros, the representative of the Kherson group of the OSCE special monitoring mission of in Ukraine: Have legal issues the military face changed since our last meeting?

Volodymyr Orlovsky, lawyer, IRC "Legal Space": On July 12 the Verkhovna Rada of Ukraine adopted the Draft Law 4689 "On amendments to the Law of Ukraine "On military duty and military service". It provides for the right of servicemen who have signed contracts for an indefinite period "until the end of the special period" to renew the contract for a period of 6 months. Styling this new contract will serve as a basis for termination of the preliminary one. So, I hope that at least the problems of the military will be one less.

Anna Martyniuk, coordinator of Legal Space: Also recently, the Supreme Court of Ukraine has considered the case № 6-855ts15 and made a conclusion on exemption of disabled veterans from payment of court fees. Including the soldiers of the Army and Navy. That is, the court noted that this category of persons is exempt from paying court fees if one of the grounds confirmed in writing.

Volodymyr Orlovsky: Actually, disabled veterans are exempt from paying court fees. But, in my opinion, the main obstacle in the access of the military and combatants to justice is not court fee rates, but access to free legal aid.

Irene Ballesteros: How would you describe the situation with the right to work of ATO combatants? Do companies often not retain their workplaces?

Volodymyr Orlovsky: In my opinion, the problems of the ATO participants are the same as all other members of society who are looking for jobs in the region. Opportunities to find a job are related to the economic situation in the country. But a factor that complicates the job search for the military is that they had higher wages in the army and now do not want to settle for less.

The problem of those who returned to their previous workplaces is very rare. Another thing is the military that did not officially work or did not work at all before having been called. After returning they should submit a certificate of allowance during the military service.to the employment center. Through the problems with record keeping in many military units, they do not receive these certificates. After leaving the army it is even more difficult to obtain such documents.

Irene Ballesteros: Is the certificate needed to make the payment on unemployment and be registered in the employment center?

Volodymyr Orlovsky: Veterans can be registered without a certificate, but they will not receive any payment.

Irene Ballesteros: Why in this case to register in the employment center?

Natalia Bimbirayte, Director, IRC "Legal Space": soldiers can learn about existing vacancies. There are more advanced training courses and free training that are provided by the employment centers.

Volodymyr Orlovsky: The law provides for payments of unemployment benefits monthly or in one payment for opening someone’s own business. But there is a delay of financing of these payments. According to employees of the employment center, in September funding is about to be restarted. Complaints from ATO members of the delay of the unemployment payments started coming to our organization about two months ago. It's probably just a regional issue, because we discovered it during visits to the districts. According to unofficial versions, the budget deficit is associated with a decrease in the size of the single social contribution.

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