The war that Russia unleashed is hurting all Ukrainians in different parts of the country. Unfortunately, there are times when our military and civilians are captured by the enemy..

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Lawyer Natalya Lisovaya said that in order to receive financial assistance and social guarantees provided for persons who were held captive by the aggressor state, it is necessary to document the fact of deprivation of personal freedom.

Decree of the Cabinet of Ministers of Ukraine " eleven. 2022. No. 1281 approved the procedure for the work of the commission on establishing the fact of deprivation of personal freedom as a result of armed aggression against Ukraine under the Ministry of Reintegration.

The commission considers the submitted package of documents and makes a decision to establish the fact of deprivation of personal freedom as a result of armed aggression against Ukraine or not to establish such a fact. The deadline for consideration of the package of documents has not yet been set. The decision of the Commission can be appealed in court.

How can a soldier confirm being in captivity.

The following persons are classified as prisoners of war:.

citizens of Ukraine belonging to the composition of the security forces and defense forces of Ukraine (composition of the Armed Forces of Ukraine, the State Border Service, Troops, other military formations formed in accordance with the laws, law enforcement agencies, a special purpose state body with law enforcement functions, etc..

members of volunteer detachments (DFTG), resistance movements (provided that they have a commander responsible for them as subordinates, have a permanent distinctive sign, well recognizable from a distance, carry weapons openly, carry out their operations in accordance with the laws and customs of war);

persons who accompany the armed forces but are not actually members of them, such as civilian members of military aircraft crews, war correspondents, suppliers, personnel of the working units or public services of the armed forces, provided that they have received permission from the armed forces to do so;

members of the crews of ships of the merchant fleet, including captains, pilots and cabin boys, as well as crews of civil aircraft;

inhabitants of an unoccupied territory who, at the time of the approach of the enemy, armed themselves to resist the forces of the invader without having time to form themselves into regular troops, provided that they carried arms openly and observed the laws and customs of war.

It should be noted that medical and religious personnel are not prisoners of war.

A citizen (released from captivity) or his legal representative, a family member or a legal representative of a family member of such a citizen can submit an application to establish the fact of deprivation of liberty by applying to the Ministry of Reintegration with an appropriate application..

Applications are submitted to the Ministry of Reintegration with the following attachments:.

certificate stating that a serviceman or other person is (was) in places of captivity as a result of armed aggression against Ukraine, indicating the term of deprivation of personal liberty or interned in neutral states. Such a certificate is issued by: the Ministry of Defense, the central executive body in charge of the military formation or a law enforcement body or a special purpose state body with law enforcement functions, the commander of a unit of the Armed Forces, other military formations formed in accordance with the laws, law enforcement bodies, a special purpose state body with law enforcement;

extract from the Unified State Register of Pre-trial Investigations (if there is criminal proceedings against a person);

reports from the security forces and the defense forces (in relation to the prisoner).

How to establish the fact of captivity to civilians.

Captured civilians have the right to recognition of the fact of deprivation of liberty in the following cases:.

deprivation of personal freedom of a citizen of Ukraine as a result of armed aggression against Ukraine by the aggressor state during his stay in the temporarily occupied territories of Ukraine;

deprivation of personal freedom of a citizen of Ukraine on the territory of the aggressor state in connection with the implementation by such a citizen of activities aimed at expressing views on upholding state sovereignty, territorial integrity and inviolability of Ukraine and other national interests of Ukraine, as well as for professional, public, political or human rights activities.

The category of the above persons includes both medical and religious personnel..

A citizen released from captivity or his legal representative, a family member or a legal representative of a family member of such a citizen has the right to submit an application for establishing the fact..

Applications are submitted to the Ministry of Reintegration with the following attachments:.

documents and / or information confirming the fact (facts) of violation of the norms of the Convention for the Protection of Civilian Persons in Time of War dated August 12, 1949.

against the applicant during his capture, unlawful detention, unlawful arrest, unlawful detention or otherwise unlawful deprivation of personal liberty by the aggressor State;

extract from the Unified State Register of Pre-trial Investigations (if there is a criminal proceeding);

reports of the security forces and the defense forces in relation to the individual.

Recall that earlier the Verkhovna Rada of Ukraine adopted as a basis the draft law No. 8081 on granting vacations to military personnel during martial law..