Unofficial translation (c) Soyuzpravoinform LLC
of January 26, 2022 No. 2010-IX
About social and legal protection of persons, concerning which established fact of deprivation of personal liberty as a result of the armed aggression against Ukraine, and members of their families
This Law determines bases of social and legal protection of persons concerning which established fact of deprivation of personal liberty as a result of the armed aggression against Ukraine, and also members of their families.
1. The legislation on social and legal protection of persons concerning whom the established fact of deprivation of personal liberty as a result of the armed aggression, is based on the Constitution of Ukraine and consists of this Law, the laws of Ukraine "About homeland security of Ukraine", "About defense of Ukraine", "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine", "About social and legal protection of the military personnel and members of their families", "About the status of veterans of war, guarantees of their social protection", "About child care", "About social services", international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, and other regulatory legal acts.
2. If the international treaty of Ukraine which became effective in accordance with the established procedure establishes other rules, than those which are provided by this Law are applied rules of the corresponding international treaty.
1. Operation of this law extends to citizens of Ukraine:
1) which were imprisoned personal by the state aggressor, its bodies, divisions, forming, other educations in connection with protection of the state sovereignty, independence, territorial integrity and immunity of Ukraine owing to the armed aggression against Ukraine which are part of security forces and forces of defense of Ukraine and one of categories of persons determined by the Geneva convention on the treatment of prisoners of war of August 12, 1949 and the Additional protocol to the Geneva conventions of August 12, 1949 concerning protection of the victims of the international armed conflicts (Protocol I) of June 8, 1977;
2) who are civilians who are under protection of the Convention on protection of the civilian population during war of August 12, 1949 which were imprisoned personal as a result of the armed aggression against Ukraine by the state aggressor, its bodies, divisions, forming, other educations during stay in temporarily occupied territories of Ukraine or in the territory of the state aggressor:
a) in connection with implementation by such citizens of the activities directed to expression of views, values, line items on upholding of the state sovereignty, territorial integrity and immunity of Ukraine, democratic constitutional system and other national interests of Ukraine and also for the performed professional, public, political or human rights activity connected with upholding of the state sovereignty, independence, territorial integrity and immunity of Ukraine, democratic constitutional system and other national interests of Ukraine, protection of the rights and freedoms of persons imprisoned personal because of such activities if there were bases to believe that implementation of such activities constituted real or potential danger for illegal prosecution of person by the state aggressor, its bodies, divisions, forming, other educations;
b) in connection with illegal actions of the state aggressor, its bodies, divisions, forming, other educations with the obvious or hidden purpose of motivation of Ukraine, other state, state body, organization, including international, legal entities or physical persons to actions or abstention from making of actions as conditions of release of the citizen of Ukraine.
2. Operation of this Law extends to foreigners and persons without citizenship who at the time of deprivation of personal liberty passed in the procedure established by the legislation of Ukraine military service in the Armed Forces of Ukraine and other military forming formed according to the laws of Ukraine.
3. Operation of this law extends to members of families of citizens of Ukraine concerning whom in the procedure determined by this Law established fact of deprivation of personal liberty owing to the armed aggression against Ukraine.
4. Operation of this law does not extend to persons concerning whom after February 20, 2014 the conviction of court of Ukraine, sentence of the international legal agency which jurisdiction is acknowledged Ukraine, for crimes against bases of homeland security of Ukraine, public safety, the world, safety of mankind and the international law and order, immunity of frontiers and other criminal offenses made in the conditions of armed conflict in temporarily occupied territories of Ukraine or connected with the armed aggression against Ukraine took legal effect.
5. For the purposes of this Law the state aggressor, its bodies, divisions, forming, other educations mean the state which in any manner occupied part of the territory of Ukraine or makes aggression against Ukraine, recognized in accordance with the established procedure as the state aggressor or the state invader, armed forming of such state, consisting of the regular connections and divisions and special forming subordinated to security agencies of the state aggressor, irregular illegal armed groups, the armed gangs and groups of mercenaries created, subordinated, managed and financed by the state aggressor, and also occupational administration of the state aggressor, constituting it the state bodies and structures functionally responsible for management of temporarily occupied territories of Ukraine, and the self-proclaimed bodies under control to the state aggressor usurping accomplishment of imperious functions in temporarily occupied territories of Ukraine.
1. Decision making concerning factual determination of deprivation of person of personal liberty as a result of the armed aggression against Ukraine is performed by the Commission on questions of factual determination of deprivation of person of personal liberty as a result of the armed aggression against Ukraine (further - the Commission).
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