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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 5, 2017 No. 268

About approval of the Procedure for provision of the status of the child injured with military operations and armed conflicts

(as amended on 14-04-2021)

Due to the armed aggression of the Russian Federation which led to temporary occupation of part of the territory of Ukraine and also that in the east of Ukraine perish, children are wounded and are exposed to different types of violence, and according to part six of article 30-1 of the Law of Ukraine "About child care" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for provision of the status of the child injured with military operations and armed conflicts which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 5, 2017, No. 268

Procedure for provision of the status of the child injured with military operations and armed conflicts

1. This Procedure determines procedure for granting of the status of the child injured with military operations and armed conflicts (further the status).

2. In this Procedure terms are used in such value:

1) physical abuse which was experienced by the child as a result of military operations and armed conflicts (further - physical abuse) - obtaining by the child during its stay in zone of military operations and armed conflicts of bodily harms of various degree which caused it physical pain, entailed disorder of his health;

2) sexual violence to which the child as a result of military operations and armed conflicts underwent (further - sexual violence), - the actions of sexual nature transferred the child during its stay in zone of military operations and armed conflicts, in particular: demonstrations of genitals; sexual intercourse in the presence of the child; sexual connection or dissolute actions with the child, satisfaction of sexual passion with the child; involvement of the child in occupation prostitution or coercion it to occupation prostitution; coercion to participation in production of images, film and video production, computer programs, other objects of pornographic nature, and also other offenses against sexual freedom and sexual integrity of the child;

3) psychological violence which was experienced by the child as a result of military operations and armed conflicts (further - psychological violence), - moral and psychological sufferings (injuries) of the child which are not requiring proof and which he had owing to its accommodation / stay in the conditions of military operations, armed conflicts, temporary occupation, its internal transfer, leaving of the place of residence/stay in result or for the purpose of avoidance of negative consequences of armed conflict, and also death (loss without message), hits to captivity, death owing to wound, contusions or mutilations received in the settlement carried to the list of settlements in the territory of which anti-terrorist operation, to No. 1275 approved by the order of the Cabinet of Ministers of Ukraine of December 2, 2015 (The Official Bulletin of Ukraine, 2015, No. 98, the Art. 3367) was performed and in which public authorities carry out the powers in full (further - the settlement in the territory of which anti-terrorist operation was performed) and measures for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, his parents or one of them - from among civilians, and also his parents or one of them - from among persons determined by Item 2 of the Procedure for provision of the status of person on which operation of the Law of Ukraine "On the status of veterans of war, guarantees of their social protection", to some categories of persons, the Cabinet of Ministers of Ukraine approved by the resolution of September 23, 2015 No. 740 (The Official Bulletin of Ukraine, 2015, No. 78, of the Art. 2605) expatiates.

3. The child, and also person who during implementation of anti-terrorist operation and measures for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions did not reach 18 years (age of majority), which as a result of military operations and armed conflicts has the right to the status:

1) were wounded, contusion, mutilation;

2) underwent to physical, sexual abuse;

3) were stolen or are illegally exported out of limits of Ukraine;

4) were recruited in actions of the militarized or paramilitary groups;

5) illegally kept, including in captivity;

6) underwent to psychological violence.

4. Several or all circumstances specified in Item 3 presents of the Procedure can be consequences of military operations and armed conflicts for the child one. By provision to the child of the status by the applicant determines circumstance which had the greatest negative impact on the state of health and development of the child.

5. The status is provided by guardianship and custody body, including in place of registration of residence/stay of the child as internally displaced person, or in the place of residence/stay of the child in the settlement in the territory of which anti-terrorist operation and measures for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, or in the place of identification of such child was performed by local executive bodies and/or local government bodies.

6. For provision of the status the legal representative of the child or in case the child moves without parents or persons who replace them, his relatives (the grandma, the grandfather, the great-grandmother, the great-grandfather, the aunt, the uncle, the full age brother or the sister), the stepfather, the stepmother, the representative of guardianship and custody body submit in service for children the application for provision of the status, consent to processing of personal data according to the Law of Ukraine "About personal data protection" and the copies of such documents certified in accordance with the established procedure:

certificates of birth of the child or other identity document of the child;

identity document of the applicant;

the document confirming powers of the legal representative of the child (if the child constantly lives/is in healthcare institution, organization of education or other child care facility, - the document confirming the fact of stay of the child in such organization) or the related relations between the child and the applicant;

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