A year after the outbreak of hostilities in eastern Ukraine, only 20% of ATO participants were able to officially receive the appropriate status.

According to the Ukrainian Helsinki Human Rights Union, to date, only 39 thousand servicemen have received the status of a participant in hostilities. It should be admitted that both servicemen of units deployed in the ATO zone and those already demobilized face problems in registering the status of a participant in the ATO. The former need to somehow find themselves on free land in order to formalize their status, while the latter are sometimes offered by the commissariats to go to the ATO zone again in order to get there some missing certificate or signature.

The Kolo Charitable Foundation and Yuridicheskaya Sotnya have developed a manual that describes a step-by-step algorithm for formalizing the official status of an ATO participant.

So, who is eligible for the ATO PARTICIPANT STATUS

Servicemen (reservists, liable for military service) and employees of the Armed Forces, the National Guard, the SBU, the Foreign Intelligence Service, the State Border Service, the State Special Transport Service, privates and commanding officers, military personnel, employees of the Ministry of Internal Affairs, the State Security Directorate, the State Special Communications Service, the State Service for Emergency Situations, the military, the State Fire Service independence, sovereignty and territorial integrity of Ukraine and took a direct part in the anti-terrorist operation, ensured its implementation, being directly in the areas of the ATO, as well as employees of enterprises, institutions and organizations that were involved and took direct part in the anti-terrorist operation in the areas of its conduct, are recognized participants in hostilities (clause 19 of part one of article 6 of the Law of Ukraine "On the status of war veterans, guarantees of their social protection».

HOW TO GET STATUS AND CERTIFICATE OF A COMMITTEE

The procedure for granting the status of a participant in hostilities to ATO participants is determined in the Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 No. 413.

In accordance with the Procedure, there are two ways to obtain the above status.

You can get it automatically and on one's own.

The first method assumes that the commander (chief) of a military unit (body, subunit) or another head of an institution (institution), within a month after the persons have completed the tasks of the anti-terrorist operation in the areas of its conduct, must submit for consideration the departmental commissions created under the above ministries and departments, certificates and documents that are the basis for granting persons the status of a participant in hostilities.

In addition, the commander of a military unit of the Armed Forces of Ukraine is obliged to submit a list of servicemen who took part in the ATO to the Department of Personnel Policy of the Ministry of Defense in written and electronic form.

If the commander (chief) of a military unit (body, unit) or another head of an institution, institution DOES NOT submit documents, then the ATO participant can INDEPENDENTLY submit documents to the departmental commission created under the Ministry of Defense, the Ministry of Internal Affairs, State Emergency Service, GPTSU, SDSU, State Special Communications Service, SBU, SVRU GPS.

Departmental commission checks documents

In case of inaccuracies, the documents are returned for revision

The departmental commission transfers the checked package of documents to the interdepartmental commission

The interdepartmental commission within 1 month makes a decision on granting the status of a participant in hostilities and transfers it to the relevant department of personnel policy - the Department of personnel policy of the Ministry of Defense, the Ministry of Internal Affairs, the Security Service of Ukraine, the Foreign Intelligence Service, the Administration of the State Border Service, the Administration of the State Special Transport Service, the State Security Administration, the Administration of the State Special Communications Service, the DSNS , GPTS, and the social protection authorities at the place of registration of the applicant organize the issuance of certificates of a participant in hostilities, badges and coupons for the right to receive travel tickets with a 50 percent discount in their cost.

REFUSAL OF THE COMMANDER (CHIEF) TO ISSUE A CERTIFICATE

A certificate of participation in the ATO and copies of all documents certifying stay and participation in the ATO can only be certified by the commander.

If the commander does not want to issue a certificate or submit documents to military commission, necessary:

1. Apply to him in writing with a request to indicate the reasons for the refusal. Be sure to require a written response. In the case of using postal services, issue an appeal to the commander with a valuable letter with a return receipt.

2. Apply to hotline Ministry of Defense or Ministry of Internal Affairs. If possible, you should find the contacts of the head of the corresponding headquarters of the operational command of the Armed Forces of Ukraine (for example, the head of the operational command North, East), to whom the battalion is subordinate, and complain about such a commander. These actions should be an incentive for the commander to issue the appropriate documents.

In order to confirm the fact:

-Directions by the commander of documents for obtaining the status of an ATO participant a request must be sent asking for a written response when the documents were sent, or an indication of the reason why they were not sent.

Receipt of the departmental or interdepartmental commission of documents, as well as obtaining information on the results of the consideration of the case by the commission and the decision you need to send them written requests.

To confirm the direction of these requests, it is recommended to send them by registered or valuable letters. In letters, indicate the requirement to provide a written response to the address indicated by the sender.

DOCUMENTS REQUIRED TO OBTAIN THE STATUS OF ATO PARTICIPANT:

for military personnel

Documents on direct involvement in the implementation of the tasks of the anti-terrorist operation in the areas of its conduct, on the direction (arrival) on a business trip to the areas of the ATO, and stay in such areas (extracts from orders, directives, orders, business trip certificates, combat logs, combat reports, dislocations, order books, service schedules, reports, summaries, reports, materials of special (official) investigations into the facts of injuries);

for attracted employees of enterprises, institutions, organizations

Documents on direct involvement in the implementation of the tasks of the anti-terrorist operation in the areas of its conduct or documents on the direction (arrival) on a business trip for direct participation in the ATO in the areas of its conduct (extracts from orders, orders, certificates, order books, materials of special (official) investigations on facts of injuries)

And also the documents that were the basis for the decision by the heads of enterprises, institutions, organizations to send persons on such a business trip.

For self-confirmation of participation in the ATO, it is also better to have:

Certificate of a participant in hostilities (issued in the combat unit);

Extract from the order of the military unit on being on the lists of the unit and performing tasks in the ATO zone (issued in the combat unit);

A seal on a military ID (put in a combat unit in some brigades).

Additional documents to prove participation in the ATO:

Certificate of participation in the ATO (standard form!);

Certificate of attachment to a military unit;

Medical documents (VVK, epicrisis of military hospitals);

Copies of certificates (if any);

Copies of documents confirming injuries (if any).

In addition, along with all documents, you must provide written consent (with a personal signature!) For the processing of personal data

All copies of documents must be certified by the signature of the commander (chief) of a military unit (body, subdivision), institution, institution and sealed with the official seal.

Participants of the anti-terrorist operation, dismissed from military service, submit documents through the commissions of the regional military commissariats and the city military commissariat of the city of Kiev.

In order to avoid an erroneous spelling of the last name, first name and patronymic, it is also advisable to provide a copy of the first page of the passport of a citizen of Ukraine.

In case of refusal to grant the status of a participant in hostilities, this issue may be repeatedly submitted for consideration by an interdepartmental commission by decision of the Minister of Social Policy.

According to Shark,

More than a year after the outbreak of hostilities in eastern Ukraine, only 20% of ATO participants were able to officially receive the appropriate status.

According to the Ukrainian Helsinki Human Rights Union, to date, only 39 thousand servicemen have received the status of a participant in hostilities. It should be admitted that both servicemen of units deployed in the ATO zone and those already demobilized face problems in registering the status of a participant in the ATO. The former need to somehow find themselves on free land in order to formalize their status, while the latter are sometimes offered by the commissariats to go to the ATO zone again in order to get there some missing certificate or signature.

The Krug Charitable Foundation and the Legal Hundred have developed a manual that describes a step-by-step algorithm for formalizing the official status of an ATO participant.

So, who has the right to the status of ATO participant

Servicemen (reservists, liable for military service) and employees of the Armed Forces, the National Guard, the SBU, the Foreign Intelligence Service, the State Border Service, the State Special Transport Service, privates and commanding officers, military personnel, employees of the Ministry of Internal Affairs, the State Security Directorate, the State Special Communications Service, the State Emergency Service of the military, the State Police Service independence, sovereignty and territorial integrity of Ukraine and took a direct part in the anti-terrorist operation, ensured its implementation, being directly in the areas of the ATO, as well as employees of enterprises, institutions and organizations that were involved and took direct part in the counter-terrorist operation in the areas of its conduct, are recognized participants in hostilities (clause 19 of part one of article 6 of the Law of Ukraine "On the status of war veterans, guarantees of their social protection".

How to get the status and ID of a participant in hostilities

The procedure for granting the status of a participant in hostilities to ATO participants is determined in the Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 N413. According to the Procedure, there are two ways to obtain the above status - automatic and independent.

The first assumes that the commander (chief) of a military unit (body, subdivision) or other head of an institution (institution), within a month after the persons have completed the tasks of the anti-terrorist operation in the regions of its conduct, must submit for consideration the departmental commissions created under the above ministries and departments , certificates and documents that are the basis for granting persons the status of a participant in hostilities.

In addition, the commander of a military unit of the Armed Forces of Ukraine is obliged to submit a list of servicemen who took part in the ATO to the Department of Personnel Policy of the Ministry of Defense in written and electronic form.

If the commander (chief) of a military unit (body, subunit) or another head of an institution, institution does not give documents, then the ATO participant can on one's own submit documents to the departmental commission created under the Ministry of Defense, Ministry of Internal Affairs, State Emergency Service, State Fire Service, SDSU, Derzhspetsz "language, Security Service of Ukraine, SZRU State Fire Service.

Departmental commission checks documents;

In case of inaccuracies, the documents are returned for revision;

The departmental commission transfers the checked package of documents to the interdepartmental commission;

The interdepartmental commission within 1 month makes a decision on granting the status of a participant in hostilities and transfers it to the appropriate division of personnel policy of the Personnel Policy Department of the Ministry of Defense, the Ministry of Internal Affairs, the Security Service of Ukraine, the Foreign Intelligence Service, the Administration of the State Border Service, the Administration of the State Service for Special Transport Service, the State Security Administration, the Administration of the State Special Communications Service, the State Emergency Service, SPS, and the social security authorities at the place of registration of the applicant will organize the issuance of certificates of a participant in hostilities, badges and coupons for the right to receive travel tickets with a 50 percent discount on their cost.

Refusal of the commander (chief) to issue a certificate

A certificate of participation in the ATO and copies of all documents certifying the stay and participation in the ATO can only be certified by the commander.

If the commander does not want to issue a certificate or submit documents to the military commission, you need to:

1. Apply to him in writing with a request to indicate the reasons for the refusal. Be sure to require a written response. In the case of using postal services, issue a request from the commander in a valuable letter with a receipt acknowledgment.

2. Contact the hotline of the Ministry of Defense or the Ministry of Internal Affairs. If possible, you should find the contacts of the head of the corresponding headquarters of the operational command of the Armed Forces of Ukraine (for example, the head of the operational command North, East), to whom the battalion is subordinate, and complain about such a commander.

These actions should be an incentive for the commander to draw up the appropriate documents.

In order to confirm the fact:

Forwarding the documents by the commander to obtain the status of an ATO participant, you need to send a request with the requirement to provide a written answer when the documents were sent, or if there are reasons why they were not sent.

The receipt by the departmental or interdepartmental commission of documents, as well as receipt of information on the results of the consideration of the case by the commission and the decision taken, must be sent to them in written requests.

To confirm the direction of these requests, it is recommended to send them by registered or valuable letters. In letters, indicate the requirement to provide a written response to the address indicated by the sender.

Documents required to obtain ATO participant status

For military personnel:

Documents on the direct involvement in the implementation of the tasks of the anti-terrorist operation in the areas of its conduct, on the direction (arrival) on a business trip to the areas of the ATO, and stay in such areas (extracts from orders, directives, orders, business trip certificates, combat logs, combat reports, dislocations, books, orders, schedules of service, reports, summaries, reports, materials of special (official) investigations into the facts of injuries);

For attracted employees of enterprises, institutions, organizations:

Documents on the direct involvement in the implementation of the tasks of the anti-terrorist operation in the areas of its conduct or documents on the direction (arrival) on a business trip for direct participation in the ATO in the areas of its conduct (extracts from orders, orders, certificates, order books, materials of special (official) investigations on facts of injuries), as well as documents that were the basis for the decision by the heads of enterprises, institutions, organizations to send persons on such business trips.

For self-confirmation of participation in ATU, it is also better to have:

Help from a combatant (it seems in the combat unit);

Extract from the order of the military unit on being on the lists of the unit and performing tasks in the ATO zone (issued in the combat unit);

A seal on a military ID (put in a combat unit in some brigades).

Additional documents to prove participation in the ATO:

Certificate of participation in the ATO (standard form!);

Certificate of attachment to a military unit;

Medical documents (VVK, epicrisis of military hospitals);

Copies of certificates (if any);

Copies of documents confirming injuries (if any).

In addition, along with all documents, you must provide written consent (with a personal signature!) For the processing of personal data

All copies of documents must be certified by the signature of the commander (chief) of a military unit (body, subdivision), institution, institution and sealed with the official seal.

Participants of the anti-terrorist operation, dismissed from military service, submit documents through the commissions of the regional military commissariats and the city military commissariat of the city of Kiev. To avoid an erroneous spelling of the last name, first name and patronymic, it is also advisable to provide a copy of the first page of the passport of a citizen of Ukraine.

in case of refusal to grant the status of a participant in hostilities, this issue may be repeatedly submitted for consideration by an interdepartmental commission by decision of the Minister of Social Policy. In case of refusal to grant the status of a participant in hostilities, the decision can be appealed in court.

Despite this, today it is already possible to systematize this information and determine the algorithm for the actions of military personnel under the contract to obtain and receive assistance from the state. When solving this issue, it is also necessary to take into account the benefits for military service veterans.

Where can I go for assistance to a participant in hostilities?

All ATO participants wishing to receive assistance from the state should contact the regional office of the All-Ukrainian Center for Assistance to ATO Participants. Before the visit, you must collect the following documents:

• a statement of the citizen's intention to receive the necessary support;
• identity card and its copy;
• original identity card of the ATO participant, its copy;
• certificate of family composition;
• taxpayer identification code (TIN);
• data on housing and housing conditions, information indicating the amount of monthly payments for utilities.

The social fund processes the received data, enters information into the database, in which the registration of persons entitled to receive benefits for utilities takes place.

After a certain period of time, the authority issues a certificate to an individual, which is a kind of permission to receive discounts when paying for utilities. A copy of this paper must be registered with all authorities that serve the payer.

You will have to visit each organization yourself, since social fund does not cooperate directly with public service providers.

Benefits for the military - what discount is provided?

According to the current legislation, discounts for gas and electricity are provided:

• the military;
• military wives and children;
• other family members living together.

Benefits to the family of the deceased in the ATO are calculated on general state grounds, regulated by law.

Common utilities provided to all citizens of Ukraine are paid for by a combatant with a seventy-five percent discount. Veterans of military service must adhere to the established social minimum for the consumption of water, gas and electricity in order to receive a discount. Exceeding the established minimum will entail the application of tariffs common to all citizens of Ukraine.

Other types of assistance to ATO participants

The use of reduced tariffs is only one area of ​​the combat participant support program. In total, the law regulates about twenty types of benefits that the military can count on.

Benefits for ATO participants necessarily imply the receipt of drugs and medical supplies free of charge. Also, the military has the right to medical care, consultation and examination.

A particularly important area of ​​care is prosthetics. It is not only dental care that counts. Citizens with special social status can receive free prostheses and others necessary for a full life, products, consultations and examinations.

There are pleasant little things in the establishment of communications. Participants of hostilities and disabled war veterans are served out of turn by companies providing communication services. The state also provides discounts for the provision of services of this kind. An ATO participant will have to pay only twenty percent of the total tariff. Additional costs associated with communication and installation of a landline telephone are reduced by fifty percent. The subscription fee is charged at the rate of fifty percent of the total tariff.

Benefits for combatants include mandatory annual financial assistance, which is paid until May 5 of each year. The CMU sets the amount of aid based on individual characteristics participation of a citizen in hostilities.

The list of benefits for ATO participants also includes transport discounts. The military and war invalids can take advantage of a fifty percent discount or get tickets once a year (there and back) absolutely free of charge. Transport is taken into account:

• railway;
• automobile;
• aviation.

You can use this opportunity only if you have a coupon, which is issued in a specific department. To obtain a permit for free travel, you must contact the institution that dealt with issues of registration of special social status.

Also, ATO participants are exempt from paying the military tax, the rate of which is equal to 1.5% of the taxable object in all cases.

ATO participants who conduct entrepreneurial activities are exempt from paying taxes and fees for the period of mobilization.

What payments can ATO participants expect?

Benefits to participants in the hostilities of Ukraine in 2019 provide for an increase in pensions or benefits for the maintenance of the disabled. Military pensioners are paid assistance in an amount that exceeds the subsistence minimum by twenty-five percent. These payments replace the official pension that a citizen can count on.

Additional assistance is a supplement of forty hryvnia, the purpose of which is to improve living conditions. This payment is independent of the following:

• the level of pension or social benefits;
• allowances;
• awards;
• awards;
• targeted assistance;
• additional pension.

During active hostilities, a citizen can count on a double payment under the following articles:

• work in the specialty;
• experience;
• length of service;
• work experience in the state structure.

Changes in the education system

State legislation protects the interests of not only citizens who were directly involved in protecting the freedom of Ukraine, but also the families of the military. Benefits for children of combatants in Ukraine provide for the possibility of obtaining free secondary technical or higher education in higher educational institutions of Ukraine.

The legislation regulates what benefits are given to the children of ATO participants. You can count on receiving a preferential education:

• participants in hostilities, dangerous protests and armed conflicts;
• children of the military who took part in the anti-terrorist operation;
• children whose parents died in the process of defending the sovereignty and freedom of Ukraine;
• children who have the state status of migrants.

Benefits for children of ATO participants are guaranteed by the legislation of Ukraine, so every citizen of this category can use the opportunity of free education.

Clear standards in the education system are set for benefits for ATO participants and their families. Children under the age of twenty-three can apply not only for budget education, but also for social scholarships, free textbooks and methodological materials, as well as living in dormitories of state universities.

The question of what benefits for children of ATO participants are supposed to be regulated not only by laws relating to military operations in the territory of Eastern Ukraine. When standardizing rules and regulations, authorities consider:

• fundamentals of social protection of children;
• child protection;
• maternity protection.

In some regions of Ukraine, there are already school benefits for children of ATO participants. Children of preschool age in kindergartens and schoolchildren will be able to receive free meals.

Benefits for disabled ATO participants

The question of what privileges are used by the military who have lost their ability to work or received a serious injury while protecting the sovereignty and territorial integrity of Ukraine remains relevant.

Benefits for military injury are established on the basis of the conclusion of a medical institution. The percentage of the allowance will be calculated by disability group. Citizens of the first and second groups receive eighty-five percent. Disabled people of the third group can count on fifty percent.

Receiving medicines and medical care is the right of every person who is injured or disabled on the battlefield. After completing the course of treatment, combatants can undergo preventive and health-improving treatment in a dispensary or sanatorium.

List of benefits for ATO participants

The main benefits to ATO participants, which are provided in accordance with the Law of Ukraine "On the status of war veterans, guarantees of their social protection" and the Tax Code of Ukraine are collected in the list below:

• free receipt of medicines, medicines, immunobiological preparations and medical products on prescriptions of doctors;
• priority free dental prosthetics (except for prosthetics made of precious metals);
• free provision of spa treatment or receiving compensation for the cost of independent spa treatment;
• 100% discount for disabled veterans and 75% discount for participants in hostilities of the rent for the use of housing (rent) and utilities(gas, electricity and other services) within the limits stipulated by the current legislation (21 m 2 of the total area of ​​housing for each person who permanently resides in the dwelling (house) and is entitled to a fee discount, and an additional 10.5 m 2 for family), as well as a 75% discount on the cost of fuel for those living in houses without central heating;
• free travel by all types of urban passenger transport, by car common use in rural areas, as well as suburban rail and water transport and buses of suburban and intercity routes, regardless of distance and place of residence;
• use upon retirement (regardless of the time of retirement) or change of place of work by polyclinics and hospitals to which they were assigned at the previous place of work;
• annual medical examination and clinical examination with the involvement of the necessary specialists;
• priority care in medical institutions, pharmacies and priority hospitalization;
• payment of temporary disability benefits in the amount of 100% of the average salary, regardless of the length of service;
• using the next annual leave at a convenient time, as well as obtaining additional leave with the preservation of wages for a period of 14 calendar days a year;
• the preemptive right to remain at work in the event of a reduction in the number or staff of employees in connection with changes in the organization of production and labor and to employment in the event of the liquidation of an enterprise, institution, organization;
• priority provision of living space for persons in need of better housing conditions, and priority allotment of land plots for individual housing construction, gardening and horticulture, priority repair of houses and apartments of these persons and their provision with fuel;
• obtaining a loan for construction, reconstruction or overhaul residential buildings and outbuildings, joining them to engineering networks, communications, as well as loans for the construction or acquisition of country houses and landscaping of garden plots with repayment within 10 years starting from the fifth year after the end of construction;
• the priority right to join housing construction (housing) cooperatives, cooperatives for the construction and operation of collective garages, parking lots for vehicles and their Maintenance, in horticultural associations, for the purchase of materials for individual construction and garden houses;
• free travel once every two years (there and back) by rail, water, air or intercity road transport, regardless of the presence of a railway connection, or travel once a year (there and back) by the specified modes of transport with a 50% discount;
• benefits for the payment of taxes, fees, duties and other payments to the budget in accordance with tax and customs legislation;
• extraordinary use of all communication services and extraordinary establishment of apartment telephones on preferential terms (payment in the amount of 20% of the tariffs of the cost of the main and 50% - additional work). The subscription fee for using the telephone is set at 50% of the approved tariffs;
• priority service by enterprises, institutions and organizations of consumer services, public catering, housing and communal services, intercity transport;
• extraordinary placement in institutions of social protection of the population, as well as service by social protection services of the population at home. If it is impossible to provide such services by institutions of social protection of the population, the costs associated with caring for this war veteran shall be reimbursed in the manner and amount established by the current legislation;
• participants in hostilities on the territory of other states are given the right to out-of-competition admission to higher schools and the pre-emptive right to admission to vocational schools and courses for the relevant professions;
• pensions or monthly lifelong allowances or state social assistance, which is paid in lieu of a pension, are increased by 25% of the subsistence level for persons who have lost the ability to work;
• annually, until May 5, combatants are paid a one-time financial assistance in the amount determined by the Cabinet of Ministers of Ukraine;
• land tax relief. Land tax exemption applies to one land plot for each type of use: for the construction of individual garages - no more than 0.01 hectares, and for running a personal peasant farm - in the amount of no more than 2 hectares;
• natural persons-entrepreneurs, persons carrying out independent professional activities, called up for military service during mobilization or involved in the performance of duties regarding mobilization in positions provided for by the states of war, for the entire period of their military service are exempt from the obligation to calculate, pay and submit tax reports on personal income tax and ERUs;
• are not subject to military duty for the period of participation in the ATO;
• free health improvement for children of ATO participants, textbooks, accommodation in a hostel, social scholarships, full or partial education at the expense of the budget, long-term loans for education on preferential terms, social scholarships;
• the time of military service in a special period is credited to their length of service, length of service, length of service in their specialty, as well as length of service public service in double size;

Participants in hostilities and ATO living without central heating are provided with a 75% discount on the purchase of fuel, including liquid fuel (diesel, oil, fuel oil, etc.).

Attention! The discount is provided to UBD and ATO, as well as to members of their families who permanently reside with them. In this case, the type and form of ownership of housing is not taken into account.

The discount of 75% is charged on the maximum size of the living space, which is regulated by the norms of consumption and use, they are established by the Cabinet of Ministers of Ukraine. The number of family members who are not eligible for the discount is not taken into account.

In addition, additional benefits and guarantees to ATO participants can be established by decisions of local authorities.

The procedure for granting the legal status of a participant in hostilities to persons who defended the independence, sovereignty and territorial integrity of Ukraine and took a direct part in the anti-terrorist operation, ensuring its implementation or in the implementation of measures to ensure national security and defense, repulse and deter armed aggression Russian Federation in Donetsk and Luhansk regions, ensuring their implementation was approved by the Resolution of the Cabinet of Ministers of Ukraine dated August 20, 2014 No. 413, as amended.

Participant status combat action provided:

1. Servicemen (reservists, liable for military service) of the Armed Forces, the National Guard, the Security Service of Ukraine, the Foreign Intelligence Service, the State Border Service, the State Special Transport Service, servicemen of the military prosecutor's offices, individuals of the rank and file of the operational support units of the anti-terrorist operation zones of the SFS, the commanders, a number of servicemen of the Ministry of Internal Affairs, the State Security Directorate, the State Service for Special Communications, the State Service for Service and Control, the State Penitentiary Service, and other military formations formed in accordance with the laws of Ukraine that defended the independence, sovereignty and territorial integrity of Ukraine and took a direct part in the anti-terrorist operation, ensuring its conduct, being directly in the areas of the anti-terrorist operation during the period of its implementation, in the implementation of measures to ensure national security and defense, to repulse and contain the armed aggression of the Russian Federation in Donetsk and Lug the oblasts, ensuring their implementation, being directly in the regions and during the period of implementation of these measures;

2. Persons who, as part of volunteer formations that were formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine, took a direct part in the anti-terrorist operation, ensuring its conduct, being directly in the areas of the anti-terrorist operation during its conduct, provided that that in the future such volunteer formations, in accordance with the list determined by the anti-terrorist center under the SBU and the General Staff of the Armed Forces, were included in the Armed Forces, the Ministry of Internal Affairs, the National Police, the National Guard and other military formations and law enforcement agencies formed in accordance with the laws of Ukraine.

The status of a participant in hostilities is granted in case of involving persons in an anti-terrorist operation or in the implementation of measures to ensure national security and defense, to repulse and deter the armed aggression of the Russian Federation in Donetsk and Luhansk regions for a period of at least 30 calendar days, including the cumulative days of stay in the regions where it is held.

To persons who took part in the performance of combat (service) tasks in conditions of direct contact and fire contact with the enemy, in the conduct of reconnaissance activities, which is confirmed by the operational headquarters for managing the counter-terrorist operation or the Joint Operational Headquarters of the Armed Forces of Ukraine (united by the command post of the joint forces), and who also received wounds, contusions, mutilations, which made it impossible for them to further perform their respective tasks (except in cases of careless handling of weapons and evasion of military service by self-mutilation or by simulating illness), the status of a participant in hostilities is granted regardless of the number of days of their involvement in the anti-terrorist operations or implementation of measures to ensure national security and defense, to repulse and contain the armed aggression of the Russian Federation in the Donetsk and Luhansk regions.

The basis for granting persons the status of a participant in hostilities is the following documents:

for persons who took part in the anti-terrorist operation - extracts from the orders of the head of the Anti-Terrorist Center under the Security Service of Ukraine or his substitute, the first deputy or deputy head of the Anti-Terrorism Center under the Security Service of Ukraine on involvement in the anti-terrorist operation, extracts from the orders of the head of the operational headquarters for managing the anti-terrorist operation or his deputies or sector leaders (commanders of operational-tactical groups) on subordination to the head of the operational headquarters for managing the anti-terrorist operation in the areas of its conduct and on arrival in the areas of the anti-terrorist operation, documents on sending on a business trip to the areas of the anti-terrorist operation or other official documents, issued by state bodies, containing sufficient evidence of the person's direct participation in the implementation of the tasks of the anti-terrorist operation in the areas of its conduct;

for persons involved in an anti-terrorist operation for a period of less than 30 calendar days - also extracts from combat orders, combat orders, combat reports (combat logs, operational tasks), which confirm the fact of direct collision and fire contact with the enemy, reconnaissance activities ;

for persons who have received injuries, contusions, injuries (except for cases of careless handling of weapons and evasion of military service by self-mutilation or by simulating illness) - also materials of special (official) investigations into the facts of injuries, contusions, mutilations;

notarized testimonies of at least two witnesses who, together with a person, took part in an anti-terrorist operation and received the status of a participant in hostilities or a disabled war, in the event that the subjects of the fight against terrorism confirm the fact of interaction (personally or during their stay in volunteer formations) with the Armed Forces , The Ministry of Internal Affairs, the National Guard and other military formations and law enforcement agencies formed in accordance with the laws;

The decision on granting and depriving the status of a participant in hostilities is made:

commissions on consideration of materials on recognition of participants in hostilities, formed in the Ministry of Defense, the Ministry of Internal Affairs, the Ministry of Justice, the National Police, the National Guard, the SBU, the Foreign Intelligence Service, the Administration of the State Border Service, the Administration of the State Special Transport Service, The General Prosecutor's Office Ukraine, the State Security Department, the State Service for Communications Administration, the State Service for the Supervision Service, the State Fiscal Service (hereinafter referred to as the commission);

the interdepartmental commission on the consideration of materials on the recognition of participants in hostilities and the payment of one-time financial assistance in case of death (death) or disability of a volunteer and some other categories of persons in accordance with the Law of Ukraine "On the status of war veterans, guarantees of their social protection", which is formed by the State service for war veterans and participants in the anti-terrorist operation - in the event of any controversial issues requiring interdepartmental settlement.

To grant the status of a participant in hostilities

commanders (chiefs) of military units (bodies, subunits) or other heads of enterprises, institutions and organizations, within a month after the completion of the tasks of the anti-terrorist operation by persons in the regions of its conduct, are obliged to submit for consideration to the commission created by the ministry, central executive body or other state body which were in charge of military units (bodies, subunits), institutions and institutions in which the indicated persons served, certificates in the form in accordance with Appendix 1 or 4 to the Procedure and documents that are the basis for granting persons the status of a participant in hostilities. If the place of permanent deployment of a military unit (body, subdivision) or enterprises, institutions and organizations are located directly in the area of ​​the anti-terrorist operation, the documents by the commanders (chiefs) or other heads of enterprises, institutions and organizations are submitted to the commission no earlier than 30 calendar days days after the enrollment of persons in the lists of a military unit (body, subdivision) or enterprise, institution and organization or their appointment to the relevant positions.

The commissions study the documents, if necessary, hear the explanations of the persons in respect of whom they are presented, witnesses and, within a month from the date of receipt of the documents, decide on granting the status of a participant in hostilities. In the absence of grounds, the commissions return them to the military units of enterprises, institutions and organizations for the purpose of further revision.

The commissions shall inform the State Service for War Veterans and Participants of the Anti-Terrorist Operation, within a month, about persons who have been granted the status of a participant in hostilities.

The commissions submit to the interdepartmental commission documents on controversial issues that require interdepartmental settlement.

The interdepartmental commission considers the documents sent by the commissions, and, if necessary, clarifies information about the persons in respect of whom they are presented (sends the necessary inquiries, etc.), hears explanations of such persons, witnesses, representatives of state bodies and within a month from the date of receipt documents (updated information) makes a decision on granting the status of a participant in hostilities, about which he informs the commission.

If the commander (chief) of a military unit (body, subunit) or other head of an institution, institution in a commission or an interdepartmental commission fails to submit the documents necessary to grant the status of a participant in hostilities, the person may independently apply to such commissions.

In case of refusal to grant the status of a participant in hostilities, the issue of granting a person this status may be repeatedly submitted for consideration by an interdepartmental commission by decision of the head of the relevant ministry, another central executive body or other state body.

The decision of the commission can be appealed against in court.

The certificate of a participant in hostilities and a badge to persons who have been granted the status of a participant in hostilities are issued by the bodies of the Ministry of Defense, the Ministry of Internal Affairs, the Security Service of Ukraine, the Foreign Intelligence Service, the Administration of the State Border Service, the Administration of the State Special Transport Service, the State Security Administration, the Administration of the State Special Communications Service, the State Service for the National Service, the State Police Service population at the place of their registration.

Benefits for ATO participants

Healthcare benefits:

• Free receipt of medicines, medicines, immunobiological drugs and medical devices on prescriptions of doctors
• Priority free dental prosthetics (except for prosthetics made of precious metals)
• Free annual provision of spa treatment or compensation for the cost of independent spa treatment.
• Implementation of measures for free psychological rehabilitation of injured ATO participants in institutions of any form of ownership that carry out rehabilitation measures
• Use upon retirement (regardless of the time of retirement) or change of place of work by polyclinics and hospitals to which they were assigned at the previous place of work
• Annual medical examination and clinical examination with the involvement of the necessary specialists
• Priority care in health care facilities, pharmacies and priority hospitalization

Benefits in the field of housing and communal services:

• 75 percent discounts on payments for the use of housing (rent) within the limits provided for by the current legislation and payments for the use of utilities and liquefied petroleum gas for domestic needs within the limits of average consumption rates
• 75% discount on the cost of fuel, including liquid fuel, within the limits established for the sale to the population, for people living in houses without central heating
• Priority provision of living space and priority repair of residential buildings and apartments and provision of fuel
• Obtaining a loan for the construction, reconstruction or overhaul of residential buildings, their connection to engineering networks, communications, as well as loans for the construction or acquisition of country houses and landscaping of garden plots with repayment within 10 years starting from the fifth year after the end of construction
• The priority right to join housing and construction (housing) cooperatives, cooperatives for the construction and operation of collective garages, parking lots and their maintenance, in gardening associations, to purchase materials for individual construction and garden houses.

Transport benefits:

• Free travel by all types of urban passenger transport, public motor transport in rural areas, as well as suburban rail and water transport and buses of suburban and intercity routes, including intradistrict, intra- and interregional, regardless of distance and place of residence
• Priority registration of travel at daily railway ticket offices
• Free travel once every two years (there and back) by rail, water, air or intercity road, regardless of the availability of a railway connection, or travel once a year (there and back) with the indicated modes of transport with a 50% discount.

Labor rights of ATO participants:

• Payment of benefits for temporary incapacity for work ("sick leave") in the amount of 100% of the average salary, regardless of the length of service
• Using the next annual leave at a convenient time.
• Additional vacation with the retention of wages for a duration of 14 calendar days a year
• Participation in the ATO during the period is counted in the length of service, the length of service in the civil service on preferential terms: one month of experience (length of service) is counted for three, that is, three times.
• Preservation of a job and average earnings for a soldier who is admitted to military service in a special period (until the end of the special period)
• The preferential right to remain at work in the event of a reduction in the number or staff of employees due to changes in the organization of production and labor (under equal conditions of labor productivity and qualifications) and to employment in the event of liquidation of a legal entity.

Benefits in the field of pension and social security:

• Pension or monthly lifelong allowance or state social assistance, which is paid in lieu of a pension, is increased by 25% of the subsistence level for persons who have lost the ability to work
• Every year, until May 5, the payment of a one-time cash aid in the amount of five minimum pensions according to the age
• Appointment of an early retirement pension after men reach 55 years of age, women - 50 years old, and with an insurance record of at least 25 years for men and at least 20 years for women
• Monthly payment of targeted cash assistance for living in the amount of 40 UAH.
• If the monthly amount of pension payments of a participant in the DB (taking into account allowances, increases, additional pensions, targeted monetary assistance, indexation amounts and other additional payments established by law, except for pensions for special services to Ukraine) does not reach the level of 165% of the subsistence minimum for persons who have lost their ability to work , then they pay monthly state targeted assistance to pension in an amount that is not enough to the specified amount.

Benefits in the field of education:

• State targeted support for obtaining vocational or higher education in state and communal educational institutions for ATO participants: full or partial payment for education at the expense of budgetary funds; preferential long-term loans for education; social scholarships; free provision of textbooks; free access to the Internet, database systems; free accommodation in the hostel.
• Providing children of combatants with state targeted support for obtaining vocational and higher education in state and communal educational institutions
• Preferential conditions for admission to educational institutions of ATO participants and their children
• Food on preferential terms for children of ATO participants in the institutions of the Ministry of Education.

Tax and credit benefits:

• Not subject to taxation with the tax on personal income, pensions of people who became disabled during the ATO, as well as pensions that are provided to family members of those killed in the ATO zone.
• Exemption from taxation by military collection of income in the form of cash security for the period of direct participation of a person in an anti-terrorist operation.
• Benefits for the payment of real estate tax in the form of a reduction in the tax base of residential property owned natural person taxpayer. Such a reduction is granted once per base tax (reporting) period (year).
• Non-accrual of penalties, penalties to banks on loans, mortgages, etc., interest for using a loan.
• Land tax exemption
• The amount of annual one-time cash assistance is not included in the total monthly (annual) taxable income of the individual income tax payer.

Other benefits:

• Extraordinary use of all communication services and extraordinary establishment of apartment telephones on preferential terms (payment in the amount of 20% of the tariffs for the cost of the main and 50% for additional work). The subscription fee for using the telephone is set at 50% of the approved tariffs
• Priority service by enterprises, institutions and organizations of consumer services, public catering, housing and communal services, intercity transport
• Unscheduled placement in social welfare institutions, as well as for servicing by social welfare services at home
• Exemption from compulsory insurance of civil liability of owners of land vehicles on the territory of Ukraine
• Priority allocation of land plots for individual housing construction, gardening and truck farming.
• A 50% reduction in the rate of state duty for the issuance of passports to citizens of Ukraine for traveling abroad, documents replacing them, as well as for the exchange of these documents
• It is allowed during the ATO to assign, in order to encourage the participants in this operation, the next special ranks up to colonel (captain of the 1st rank) inclusive, regardless of the position held and the length of service in the corresponding rank
• Not accounting in the total family income of the monetary allowance of military personnel, privates and commanding officers who are directly involved in the anti-terrorist operation, at the time of its conduct, which gives the right to receive additional payments to low-income families
• Burial, free of charge for the executor of the will of the deceased or for the person who has undertaken to bury the deceased.
• Benefits provided by local governments and local governments.

"Not all ATO participants are participants in hostilities"

IN recent times In connection with the anti-terrorist operation in the east of Ukraine, a significant stir and "legal confusion" arose around the issue of obtaining the status and benefits of a participant in hostilities by the citizens of Ukraine who participate in the ATO. In this article, we will reveal the main legal aspects of this issue.

This issue was fundamentally resolved on July 1, 2014, when the Law of Ukraine “On Amendments to Article 6 of the Law of Ukraine“ On the Status of War Veterans, Guarantees of Their Social Protection ”came into effect.

According to the rule of the Law a participant in hostilities a soldier (reservist, liable for military service), an employee, an ordinary employee and the commanding staff of law enforcement agencies, specialized security services of Ukraine, the Ministry of Defense of Ukraine, employees of institutions, enterprises that took part and were DIRECTLY in the ATO zone.

In order to take into account the personnel of those who take part in the ATO, the commander of the military unit issues an order to send a person to the area of ​​the ATO. All information about a soldier's participation in the ATO is entered in his personal file and military ID, which is certified by the official seal of the commander of the military unit.

Certificates confirming participation in the ATO hostilities are issued to such participants by the relevant HR department The Ministry of Defense of Ukraine, the Main Directorate of Personnel of the General Staff of the Armed Forces of Ukraine, regional military registration and enlistment offices.

If desired, relatives can contact the military registration and enlistment office in order to receive a certificate of attachment of a soldier to a specific military unit, because during the call, orders are issued for each person.

"The law" On social and legal protection of servicemen and members of their families "establishes benefits for all ATO participants"

However, as practice shows, today a situation has arisen when military commissars or high command refuse to provide the relevant documents that certify the location of specific servicemen who are actually participating in the anti-terrorist operation in the east or indicate another place of their deployment, which goes beyond geographical the boundaries of the implementation of the ATO.

In addition, the legislator omitted an important “legal nuance” when he made the appropriate amendments to Article 6 of the Law, without recalling in the corresponding list volunteer formations, which, for example, is the “Aydar” battalion. The Ministry of Defense notes that the members of these battalions independently made a decision to participate in the anti-terrorist operation and are listed as volunteers.

Benefits for ATO combatants

Obtaining the status of a “participant in hostilities” is a very profitable business, as it leads to significant benefits. After all, it is not for nothing that from 2000 to 2012, more than 400 officers of the Ministry of Internal Affairs received this status for “participation” in peacekeeping missions, for example, in Kosovo, although in fact they stayed there only one day and then as part of a delegation, that is, in fact, they were on excursions ...

As a rule, after such a one-day trip, the members of the delegation submitted a report on the recognition of themselves and granting themselves the status of a “participant in hostilities”. To make it more plausible, the pseudo-warriors attached a certificate to the report that they had participated in a special operation against smugglers.

Such certificates were certified "by a direct order of the Ministry of Internal Affairs from above", and then the Commission of the Ministry of Internal Affairs for the consideration of such issues assigned similar statuses.

So what are the benefits of combatants?

Benefits for combatants ATO, each of which received the status, are directly established by the Law of Ukraine “On Amendments to the Law of Ukraine“ On Social and Legal Protection of Servicemen and Members of Their Families ”. According to the Law, the service of ATO participants is counted in their work experience, insurance experience, work experience in their specialty, and civil service experience. In addition, as we wrote earlier, quite recently the state initiated a program to promote (how to get them, read the link).

The law also states that family members of military personnel who serve in a special period in accordance with the Law of Ukraine "On the Defense of Ukraine" can receive payments of cash support for ATO participants, if the participants themselves cannot receive them due to the conduct of hostilities (clause 6, Art. 9 of the Law).

Despite the support of the Ukrainian people and the government for such encouragement of participants in the ATO hostilities, there remains another, but no less important question for society, how many "fake" ATO soldiers will receive such a proud status?

On the benefits of participants in the ATO hostilities on the video: