Legal Protection

Legal Protection

 

lawhelppub

 

Program is worked out to provide legal aid, assistance in legal claims etc. for persons suffered from Chornobyl disaster and other persons being under Ukrainian Law dated February, 28 1991 № 796 – XXII, members of All–Ukrainian Association of Veterans & Disabled of Chernobyl.

Program is valid on condition that members of All–Ukrainian Association of Veterans & Disabled of Chernobyl apply to Foundation the official personal written applications to be included to this Program and applications containing complete information concerning violation of rights, also written evidences should be added such as personal documents, official letters to/from authorities, pension fund, Department of Social Protection if it exists.

With the help and participation of international partners Foundation has opportunity to obtain grants on charity basis and nowadays Foundation under the terms of this Program can represent free the interests of citizens suffered from Chornobyl disaster in many State Establishments of Ukraine and Europe. Legal aid, assistance if needed in legal claims, help to defend the social rights stipulated by Law, drawing up the proper documents etc. This is the aim of this Program.

Involving the proper partners allows the Foundation to expand charity legal aid, if needed to pay highly qualified legal specialists involved by Foundation to defend Chornobylets rights. With the help of Foundation and in accordance with Ukrainian current legislation Chornobylets can obtain Court decisions on stipulated pensions, compensations for harm inflicted to health etc.

After Chornobyl disaster Ukraine defined the following in the first two paragraphs of Ukrainian Law «About the Status and Social Protection of Citizen Suffered from Chornobyl Disaster» dated February, 28 1991 № 796-XII:
«Chornobyl disaster inflicted harm to millions of people. New social and economic conditions appeared in many locations on large areas. Ukraine is declared to be an area of ecological disaster. Financial, material and scientific resources needed to create the system of protection from consequences of Chornobyl disaster.

This Law defines the main principles to implement the constitutional rights for citizens suffered from Chornobyl disaster, protect their lives and health and create the single procedure to define the categories of radioactive polluted areas, also provide conditions for living and working there, protect suffered people».

Besides, under this Law the State is obliged to compensate in total persons suffered from Chornobyl disaster:
«Article 1. Aim and Main Tasks of Law.
Law is directed to protect citizens suffered from Chornobyl disaster and to solve medical and social problems connected with radioactive polluted areas.
State policy in the sphere of social protection for suffered from Chornobyl disaster and providing the conditions for living and working on the polluted areas is based on the following principles:
Social protection of people and compensation in total for persons suffered from Chornobyl disaster;
Using economic methods for improvement the life through the policy of tax privileges for citizens suffered from Chornobyl disaster and their Unions».

The duty of State to compensate for Chernobyl disaster arises from Thesis of Vienna Convention about the civil responsibility for nuclear damage dated May, 21 1963 in accordance with Law of Ukraine «About Accession of Ukraine to Vienna Convention about the Civil Responsibility for Nuclear Damage» dated July, 12 1996, № 334/96-BP.

Unfortunately, pensions, compensations etc. stipulated by Ukrainian Law dated February, 28 1991 № 796-XII, are provided and paid not in total. Chonobylets have to pass various stages, make out many documents to obtain through the courts decisions on their pensions. The problem is that because of health condition not all suffered from Chornobyl disaster are able to defend their rights themselves. That’s why Foundation took the obligation to protect these persons.

Contacts

Prevent Nuclear Catastrophe Effects Foundation
9/19, Lavrska Str., Kyiv, 01015, Ukraine
Tel.: +38 (044) 280 1325; 280 1375
E–mail: office@chernobyl-people.org