Yana Tokar is a legal adviser at the Legal Clinic of the Yaroslav Mudryi National Law University. She also coordinates the work of paralegals in the Eastern region (Kharkiv, Luhansk, and Donetsk oblasts).
Recently, her team of paralegals was approached by the sister of a prisoner of war with a request to find out what types of payments are provided for her brother after his release from captivity.
While reviewing the issue, Yana and her fellow paralegals found out that a certificate was required to receive one of the types of financial assistance.
How to get it? Read the article from the paralegals of the Eastern Region.
This certificate is included in the list of mandatory documents related to military personnel and is submitted to the Commission on establishing the fact of deprivation of personal liberty as a result of armed aggression against Ukraine. If such a fact is established, the person and/or his/her family members may receive state aid in the amount of UAH 100,000.
Where to go to get a certificate?
The procedure for obtaining a certificate was approved by Resolution of the Cabinet of Ministers of Ukraine No. 55 dated January 20, 2023, according to which there are several ways to apply for a certificate:
1. Apply in person to law enforcement agencies:
▪️ of the Ministry of Defense of Ukraine;
▪️ of the central executive body in charge of military formations
▪️ of a law enforcement agency or state special purpose body with law enforcement functions;
▪️ of the commander of a unit of the Armed Forces of Ukraine;
▪️іншого of a military formation or body that is a part of the security and defense forces of Ukraine in accordance with the law.
2️. Through the National Information Bureau: you should call the hotline 1648 or by mobile phone +38 (044) 287-81-65.
Types of certificates on the stay of a serviceman in captivity
The above Resolution of the Cabinet of Ministers of Ukraine approved two types of certificates:
1) on the stay of a citizen of Ukraine from among the persons specified in paragraph 1 of part one of Article 2 of the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the fact of deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established” in places of detention as a result of armed aggression against Ukraine or internment in neutral states;
2) on the stay of a foreigner or stateless person who has performed military service in accordance with the procedure established by the legislation of Ukraine, in places of detention as a result of armed aggression against Ukraine or internment in neutral states.
Details on how to obtain a certificate
To obtain a certificate, a person applies in person or through a legal representative or family member with an application in any form for the issuance of a certificate to a personally selected authority from the list.
The application may be submitted in electronic or paper form. The application must contain the following information:
- the military (special) rank (if any) of the prisoner, his/her surname, name;
- method of communication (postal address and/or e-mail address, telephone number);
- military formation, law enforcement or other state body (indicating the structural unit, if such information is known), in whose staff the person was at the time of captivity;
- the period of stay in places of detention as a result of armed aggression against Ukraine or internment in neutral states.
The application or letter of the Ukrainian National Center for Peacebuilding shall be accompanied by a copy of an identity document confirming the citizenship of Ukraine or an identity document confirming the special status of the person.
If the application does not contain the specified information, the person who submitted such an application shall not be issued a certificate, and shall be notified thereof in writing.
The certificate is issued within 30 calendar days from the date of receipt of the relevant application. This document can be obtained directly by the applicant, by mail or by e-mail.
How to consult on a legal issue with the paralegals of Yana Tokar’s team?
During the war, paralegals create conditions for Ukrainians to resolve legal issues—even in remote communities and cities.
If you are from Kharkiv, Luhansk or Donetsk regions and need legal advice, please send a description of the problem to firstname.lastname@example.org to Yana Tokar’s team of paralegals with the subject “For paralegals in the Eastern region”.
The project is implemented by the Ukrainian Legal Aid Foundation and the Coordination Center for Free Legal Aid with the support of the Mott Foundation.