Since the outbreak of Russia’s criminal aggression against our country, many Ukrainian citizens from key communities have taken part in hostilities as part of regular army or local volunteer-based territorial defense units. In the latter case, some of those who resisted the Russian invaders did not always have enough time to get their combatant status properly documented and formalized in accordance with applicable regulatory requirements given the urgency of the combat situation that they were in.
However, even when the status of a serviceman of the Armed Forces of Ukraine is officially established, there are recorded cases when defenders who are PLHIV, after an extended stint in the harsh conditions of the war zone with no access to proper care, suffered a significant deterioration in their health, which prevented their further participation in combat activities and led to their discharge from the Armed Forces for health reasons. This makes it necessary to have their status as combatants officially recognized, as this recognition entitles eligible individuals to multiple benefits and social security guarantees from the government, including those related to medical care and treatment.
In accordance with applicable regulatory requirements currently in effect, special commissions were set up by the relevant agencies and entities associated with the Ministry of Defense and the Armed Forces to examine claims of recognition as combatants of the Armed Forces of Ukraine from individuals who had directly participated in efforts aimed at ensuring the defense of Ukraine, or protecting the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine.
In practice, there are three ways to have the status of combatant officially recognized:
- Upon request from the unit commander who submits supporting documentation for their subordinate servicemen via centralized procedure;
- On personal application by a serviceman who independently collects and submits the necessary paperwork to the relevant commission;
- On personal application by a person who is discharged from military service through a territorial recruitment and social support center.
So, let’s break down this procedure for eligible individuals who have been discharged from military service and are applying in person through a territorial recruitment and social support center.
The procedure for obtaining combatant status by an active serviceman of the Armed Forces of Ukraine who submits the requisite documents in person.
The first step is for the serviceman to submit a report to the commander of their military unit requesting that a set of required paperwork be provided to serve as the basis for granting them the status of combatant for the combat (service) missions carried out personally or as part of a military unit while participating in activities required to ensure the defense of Ukraine or protect the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine.
On this basis, the commander of the military unit must make arrangements that the following documents be executed and released to the serviceman concerned through the personnel service (personnel centers):
- Proof of the applicant’s direct participation in activities required to ensure the defense of Ukraine or protect the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine;
- At least one of the following documents is required as mandatory:
- Extracts (copies) of combat reports;
- Extracts (copies) of logs with details of combat operations (combat missions);
- Extracts (copies) of logbooks;
- Copies of materials associated with special-purpose (official) investigations into incidents involving wounds, shell shock, or injuries sustained.
These documents may be supplemented by other supporting documents, if available.
For persons who had been held as prisoners of war or hostages, materials of special-purpose (official) investigations into circumstances surrounding their being taken prisoner or hostage must also be provided.
Once the requisite documents have been received, the personnel service unit (personnel center) must notify the serviceman concerned of the address of the Commission that examines claims of recognition as combatants of the Armed Forces of Ukraine (hereinafter referred to as the “Commission”) so that they are in a position to independently submit the necessary documentation for consideration and decision-making.
The following documents shall be submitted by the eligible serviceman concerned for consideration by this Commission:
- A report (application) requesting that the related documents be reviewed by the Commission;
- Proof of the applicant’s direct participation in activities required to ensure the defense of Ukraine or protect the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine;
- At least one of the following documents is required as mandatory:
- Extracts (copies) of combat reports;
- Extracts (copies) of logs with details of combat operations (combat missions);
- Extracts (copies) of logbooks;
- Copies of materials associated with special-purpose (official) investigations into incidents involving wounds, shell shock, or injuries sustained.
As noted above, other documents containing evidence and supporting the fact that the person in question was involved in carrying out the combat (service) missions personally or as part of a military unit (body, subdivision), institution or establishment may be submitted as well, whereas for persons who had been held as prisoners of war or hostages, materials of special-purpose (official) investigations into circumstances surrounding their being taken prisoner or hostage may be provided.
Other documents to be attached shall include the following:
- Certified copies of the applicant’s Ukrainian passport pages with details of their last name, first name, and father’s name, passport issuance information, place of residence, and proof of Taxpayer ID Number or the front and back of the passport of a citizen of Ukraine in card format, and a document verifying the applicant’s place of residence;
- Consent for the collection and processing of personal data;
- Two color photographs on matte paper measuring 3×4 (cm).
Based on this, the Commission shall be required to do the following:
- Once the serviceman’s report (application) along with the required documents have been received, register them in the book of records maintained for this particular purpose;
- Within one month from the date they were received, review the documents submitted and communicate the decision made by the Commission to the applicant with an explanation of the procedure for obtaining a combatant certificate;
- Through the relevant offices of the personnel service (personnel centers) responsible for the operation of the Commissions, make arrangements for a combatant’s certificate to be issued to the serviceman concerned in person or through the military unit where they are serving;
- Through the relevant offices of the personnel service (personnel centers) responsible for the operation of the commissions, notify the Ministry of Veterans Affairs of Ukraine about the issuance of the certificate.
The procedure for obtaining combatant status by a person who is discharged from military service through a territorial recruitment and social support center.
The eligible person must submit the following documents to the territorial recruitment and social support center where they are registered as military service personnel:
- A report (application) requesting that the related documents be reviewed by the Commission;
- Proof of the applicant’s direct participation in activities required to ensure the defense of Ukraine or protect the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine;
- At least one of the following documents is required as mandatory:
- Extracts (copies) of combat reports;
- Extracts (copies) of logs with details of combat operations (combat missions);
- Extracts (copies) of logbooks;
- Copies of materials associated with special-purpose (official) investigations into incidents involving wounds, shell shock, or injuries sustained.
As noted above, other documents containing evidence and supporting the fact that the person in question was involved in carrying out the combat (service) missions personally or as part of a military unit (body, subdivision), institution or establishment may be submitted as well, whereas for persons who had been held as prisoners of war or hostages, materials of special-purpose (official) investigations into circumstances surrounding their being taken prisoner or hostage may be provided.
Other documents to be attached shall include the following:
- Certified copies of the applicant’s Ukrainian passport pages with details of their last name, first name, and father’s name, passport issuance information, place of residence, and proof of Taxpayer ID Number or the front and back of the passport of a citizen of Ukraine in card format, and a document verifying the applicant’s place of residence;
- Consent for the collection and processing of personal data;
- Two color photographs on matte paper measuring 3×4 (cm).
In this regard, the relevant social security offices of the territorial recruitment and social support centers shall be required to do the following:
- Once the eligible application along with the required documents have been received, register them in the book of records maintained for this particular purpose.
- Verify to make sure that the documents submitted contain sufficient evidence and support the fact that the applicant, personally or as part of a military unit, was involved in carrying out the combat (service) missions or intelligence activities, and that they comply with the requirements set forth in applicable laws and regulations that govern the procedure for granting the status of combatant;
- If needed, make the necessary inquiries to the military units where the applicants did their military service or to the relevant archival institutions;
- Once the set of required documents has been executed and released, submit it to the relevant Commission for consideration and decision-making.
Once that is done, the Commissions shall be required to do the following:
- Once the eligible applications along with the required documents have been received from the territorial recruitment and social support center, register them in the book of records maintained for this particular purpose;
- Within one month from the date they were received, review the documents submitted and communicate the decision made by the Commission to the appropriate territorial recruitment and social support center.
Once the Commission’s decision regarding the recognition of the claim has been received, the relevant social security offices of the territorial recruitment and social support centers shall be required to do the following:
- Notify the person concerned of the Commission’s decision;
- Make arrangements for a combatant’s certificate to be issued to the applicant in person;
- Notify the relevant offices of the personnel service (personnel centers) responsible for the operation of the Commissions that the combatant’s certificate in question has been issued.
In turn, the relevant Commission must inform the Ministry of Veterans Affairs of Ukraine about the issuance of the certificate through the relevant offices of the personnel service (personnel centers).