Establishing the link between disability and health injuries caused by shelling or explosive ordnance

In this article, we answer questions about the key legal basis for a civilian to obtain the status of a person with a disability as a result of war. This basis is the Decision Establishing the Fact that a Civilian Victim Sustained Injury or Other Damage to Health Caused by Explosive Ordnance and Military Weapons, adopted by the Interagency Commission under the Ministry of Veterans Affairs of Ukraine in accordance with the Procedure and the Regulations.

The Interagency Commission establishes the causal link between the health damage sustained and the circumstances that caused it. For this purpose, it considers applications from affected persons whose disability was established as a result of injury or other damage to health caused by explosive ordnance or shelling, sustained:

1. before 1 December 2014 — in the area of the Anti-Terrorist Operation (ATO) in Donetsk and Luhansk oblasts;
2. from 1 December 2014 to 24 February 2022 — in the area of the Anti-Terrorist Operation / Joint Forces Operation (ATO/JFO) in Donetsk and Luhansk oblasts where state authorities exercised their powers, as well as in settlements located along the contact line during the ATO/JFO in Donetsk and Luhansk oblasts, according to the relevant list;
3. from 24 February 2022 — in territories where measures necessary to ensure the defence of Ukraine, protect the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine were carried out, according to the relevant list;
4. from November 2024 — in a settlement that is not included in the relevant list, where explosive ordnance was used and where the fact of such use, including shelling with explosive ordnance, as well as the date and time of such use or shelling, is confirmed by the territorial body of the State Emergency Service of Ukraine.

Please note! Until 27 December 2025, civilians who sustained health damage in temporarily occupied territories could not apply to the Interagency Commission for a decision and subsequently obtain the relevant status. From this date, these restrictions were removed. Therefore, such persons may now apply, including repeatedly, in connection with injuries sustained in temporarily occupied territory.

How to apply to the Interagency Commission

An application may be submitted personally or through a legal representative or authorised person in one of the following ways:

1. in person, with the original documents presented at the Ministry of Veterans Affairs of Ukraine: 34 Khreshchatyk Street, Kyiv, 01001;
2. by post to the Ministry of Veterans Affairs of Ukraine: 34 Khreshchatyk Street, Kyiv, 01001;
3. by email: [email protected];
4. through an Administrative Services Centre (CNAP), only where the particular CNAP has the technical capacity to transmit documents to the Ministry of Veterans Affairs through the electronic cabinet.

For children, the application is submitted by one of the parents, a guardian, custodian, or another legal representative.

What documents should be submitted

To establish the fact of injury or other damage to health caused by explosive substances, ammunition, and military weapons, the following documents are submitted:

1. application;
2. an identity document of the applicant (if the applicant is not the affected person);
3. a document confirming the representative’s authority, where applicable;
4. an identity document of the affected person (for persons under 14 years of age — a birth certificate);
5. the Taxpayer Registration Number of the affected person or a document replacing it;
6. an extract from the decision of the Expert Team for Assessing Daily Functioning / an MSEC certificate / a conclusion of the Medical Advisory Commission for children;
7. an extract from the Unified Register of Pre-Trial Investigations confirming the opening of criminal proceedings and the person’s involvement in the criminal proceedings as a victim;
8. a forensic medical examination report confirming that wounds or other damage to health were sustained;
9. a full extract confirming the absence of a criminal record (for persons over 14 years of age);
10. other documents that may confirm the connection between the disability and the injury or other damage to health sustained.

How quickly does the Commission adopt and provide its decision

As a rule, documents are considered at a collegial meeting held once a month. The Interagency Commission may verify information or request additional information or documents from the applicant, public authorities, or institutions. If clarified information concerning the affected person is received, the period for adopting the decision is extended by up to 15 days.

Following consideration, the Commission adopts a Decision Establishing (or Refusing to Establish) the Fact that Injury or Other Damage to Health Was Sustained as a Result of Explosive Substances, Ammunition and Military Weapons. The decision is sent to the applicant at the address specified in the application within three working days from the date on which it was adopted.

Please note! Immediately after receiving the Decision, it is advisable to make two notarised copies. Notarised copies or the original will be required later to obtain the status and apply for the relevant payments.

What may be grounds for refusal?

The grounds for refusal include:

1. wounds or other damage to health resulting from:
2. the affected person committing a criminal or administrative offence or acting while under any form of intoxication;
3. intentionally inflicting bodily injury or other damage to their own health;
4. a criminal offence committed against the affected person for financial gain or other personal motives by civilians who were not directly involved in the ATO/JFO in Donetsk and Luhansk oblasts or in measures necessary to ensure the defence of Ukraine;
5. sustaining health damage outside the prescribed period or outside the designated territory;
6. a final court conviction for a criminal offence against the foundations of Ukraine’s national security or an offence against public safety, peace, security of humanity or the international legal order, where the criminal record has not been expunged or spent in accordance with the law;
7. establishing that documents have been forged or inaccurate information concerning the health damage has been submitted;
8. the absence of documents confirming that the affected person sustained health damage caused by explosive ordnance or shelling in the designated territory and during the designated period;
9. the existence of a decision establishing the absence of elements of an offence in criminal proceedings concerning the affected person’s health damage caused by explosive ordnance;
10. the person who sustained the health damage having been a member of the armed formations of the Russian Federation, the occupation administration of the Russian Federation, or other illegal armed formations.

Please note! The Interagency Commission has the right to revoke its own previously adopted decision if any of the grounds for refusal listed above are subsequently identified. A refusal does not deprive a person of the right to reapply to the Interagency Commission if the information is clarified or additional evidence becomes available.

If you need an individual consultation or legal assistance on issues related to the consequences of the war, you can choose a lawyer and book an online consultation via this link.

This information material was developed within a project implemented by the NGO "STEP" in cooperation with the Danish Refugee Council (DRC) with funding from the European Union. However, the views and opinions expressed are those of the author alone and do not necessarily reflect the views of the European Union or DRC.