A person wounded as a result of a fire in the conflict zone requires a million hryvnia compensation from the state

Publication date: December 18, 2018

Author: Julia Marukian / Chuguiv Human Rights Group

A citizen of Chuguiv, Kharkiv region, Mrs. Maryna, applied to the First Civil Justice Center in the Kharkiv Region, which operates on the basis of the Chuguiv Office of the Legal Development Network at the Chuguiv Human Rights Protection Group. In 2014, she was in the city of Popasna, Luhansk region (Eastern Ukraine), where she experienced a sudden mortar shelling during a military operation in the conflict zone.

The woman has received numerous injuries and post-traumatic damages. As a result, she has been treated at a hospital for more than six months and has undergone two surgical interventions. All this strongly influenced her moral condition, she is experiencing the consequences of stress to this day …

Perhaps, it would continue the same way if her acquaintances did not know about the possibility of receiving free legal aid at the office of Chuguiv human rights group – her comrades had already come to this place and were satisfied with high-quality legal services.

Having listened to a woman and realized all the circumstances that brought her here, the lawyer of the office Roman Lykhachov tried to help Maryna not only legally but also morally. He conducted several interviews with a woman and recommended that she bring an action for damages. Also, he offered his support in the case.

“Analyzing the last three years of human life, which is more like a military chronicle, it is clear that no compensation will return the woman health and the cheerfulness that was inherent in her before receiving physical injuries and severe stress. But, given the losses she suffered during this terrorist act, she has the right and should receive compensation from the state, “ Roman Lykhachov is convinced.

 

The lawyer filed a lawsuit on behalf of a woman to the Chuguiv City Court for compensation for moral damage in the amount of UAH 1,000,000 (one million).

Comments by the lawyer:

• Compensation for damage caused by a terrorist act is regulated by a special norm – Art. 19 of the Law of Ukraine dated March 20, 2003 No. 638-IV “On Combating Terrorism”, according to which compensation for damage caused to citizens by a terrorist act is carried out at the expense of the State Budget of Ukraine in accordance with the Law and with subsequent collection of the amount of this reimbursement from persons, which caused damage in the manner prescribed by law. That is, the state has an obligation to compensate for the damage irrespective of its fault and has a right to demand further compensation from a guilty person. Thus, we believe that it is the State represented by the Cabinet of Ministers of Ukraine having an obligation to compensate for the damage suffered by the plaintiff, – Roman Lykhachov explains.

Right now, lawyers are waiting for the court proceedings in the case, which, unfortunately, is typical today, since cases like the above one are of a mass character. And if a court decision is positive, a lot of victims in the conflict zone will have a successful example of legal practice and hope for reparation.

* The client’s name has been changed for ethical reasons.

P.S. The first civil justice center in the Kharkiv region operates on the basis of the Chuguiv office of the Legal Development Network under the NGO Chuguiv Human Rights Protection Group.

The Center was created within the framework of the project “The First civil justice center in the Kharkiv Region”, which is being implemented by the Legal Development Network through the United States Agency for International Development (USAID) within the framework of the New Justice Program.

 

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