UBA Committee Calls for Review of Disability Recognition Procedure for Victims of Explosive Devices
The Committee on Constitutional Law, Administrative Law and Human Rights of the Ukrainian Bar Association (UBA) has submitted an official appeal to the Ministry of Veterans Affairs of Ukraine and the Ministry of Social Policy, Family and Unity of Ukraine regarding the need to amend paragraph 5 of clause 3 of the Cabinet of Ministers Resolution No. 1186 dated October 15, 2024.
According to the current regulation, individuals injured by explosive devices in temporarily occupied territories are not entitled to obtain the status of a “person with a disability caused by war.” In the UBA’s view, this approach results in discrimination based on territorial grounds and violates several provisions of the Constitution of Ukraine, international human rights obligations, and legal conclusions of the Constitutional Court of Ukraine.
The Committee emphasized that this regulation places people—who remained in occupied territories due to circumstances beyond their control—in an extremely difficult moral and financial situation. Even when possessing the full set of required documents confirming injury, such individuals are denied recognition of the link between their injuries and disability by the Interagency Commission, thus losing access to state benefits, guarantees, and long-term rehabilitation services.
The UBA also underlined the need for a broader interagency approach to developing regulatory changes. This includes the involvement of the Ministry of Social Policy, the State Service for Children’s Affairs, and specialists who work with injured civilians and children.
The Ukrainian Bar Association expressed its readiness to join the working group that is revising the Procedure for Establishing the Link Between Disability and Injury (Resolution No. 306 dated April 25, 2018), in order to eliminate discriminatory provisions and ensure equal protection for all those affected by the war—regardless of where the injury occurred.