Appeal on the need to amend the procedure for establishing the link between disability and war-related injuries

We, the representatives of the undersigned civil society organizations systematically engaged in the protection of individuals affected by war and emergencies, urgently call for a revision of the current procedure for establishing the link between disability and health injuries resulting from explosive ordnance. In the context of full-scale war, the existing version of the Cabinet of Ministers of Ukraine Resolution dated April 25, 2018, No. 306 fails to meet contemporary challenges, retraumatizes victims, contradicts a needs-based and victim-centered approach, and prevents the full realization of the right to social protection.

1. Barriers to Access and the Excessive Complexity of the Current Procedure

For civilians injured as a result of hostilities, accessing disability status is excessively complex, prolonged, and bureaucratic, with the burden of proving the circumstances of injury placed on the individual. The determination of the causal link is made by the Interagency Commission under the Ministry for Veterans Affairs of Ukraine (hereinafter – the Interagency Commission), an entity originally established to review cases involving military personnel. Its procedures do not reflect the specific situation of civilians, including limited access to documentation, witnesses, or healthcare institutions in the temporarily occupied territories. As a result, many civilians cannot verify the circumstances of their injury, which denies them access to state social protection measures and leads to unequal treatment among affected groups.

Civilians injured by explosions, artillery and missile strikes, actions of occupation administrations, or other forms of armed violence must undergo a multi-stage process: an assessment teams of daily functioning or medical-social expert commissions, or in the case of children, a medical-consultative commission, a forensic medical examination, the Interagency Commission, and – if successful – once again an assessment of daily functioning. In the event of a denial, the victim must repeat the entire process, including collecting a full set of required documents.

Given the growing number of civilians injured by missile strikes, this lengthy, complicated, and multi-layered procedure contributes to repeated retraumatization and underscores the urgent need to simplify and streamline the process for linking disability to war-related injuries.

In addition, to establish the link between disability and injury, a civilian must also provide, among other things, a forensic medical examination report confirming the injury from munitions within a criminal investigation. In practice, obtaining this report is a long process due to the overload of forensic bureaus and lengthy appointment and examination timelines. This significantly impacts the psychological state of victims and deprives them of access to rights guaranteed by the state, particularly in the spheres of social protection and rehabilitation.

The process is exhausting and overly burdensome for individuals already in a vulnerable state, with limited daily functioning and psychological trauma, often without appropriate support.

2. Discrimination Based on Location Criteria and Legal Inconsistency

A discriminatory provision in Resolution No. 306 denies the possibility of establishing the fact of injury obtained in temporarily occupied territories, even after those territories are liberated. Under current rules, if an injury from an explosive device occurred in the temporarily occupied territoty, the link to war-related disability cannot be officially recognized. This restriction unjustifiably limits the rights of affected persons based on territorial criteria and contradicts the principles of equal access to legal protection and social guarantees as enshrined in the Constitution of Ukraine.

Particular attention must be paid to individuals who were injured in temporarily occupied territories but later evacuated to government-controlled areas of Ukraine, where they received full medical treatment and obtained Ukrainian-format medical documentation. Despite possessing objective proof of injury, the current legal framework effectively excludes them from eligibility for war-related disability status.

An even more complex situation applies to individuals who sustained injuries and underwent treatment entirely within temporarily occupied territories. These individuals face dual discrimination: first, due to the impossibility of official recognition of the circumstances of injury; second, due to the lack of mechanisms for evaluating or considering information contained in medical records issued under the occupation. This constitutes unjustified legal inequality and violates the principle of trust in the citizen, as a component of the presumption of innocence guaranteed by Article 62 of the Constitution of Ukraine.

Moreover, the provisions of Resolution No. 306 conflict with Article 7, paragraph 4, part 2 of the Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection”, which guarantees the right to war-related disability status to all individuals injured as a result of the armed aggression of the Russian Federation, regardless of the location of injury.

This legal contradiction between a subordinate regulatory act (Resolution No. 306) and the Law of Ukraine “On the Status of War Veterans and Guarantees of Their Social Protection” requires immediate resolution to ensure consistency in legal standards, the protection of survivors’ rights, and the elimination of discriminatory practices.

As a result of this discriminatory legal framework, war-affected civilians are deprived of the possibility to obtain war-related disability status. Consequently, they remain without access to state-provided support –  including rehabilitation, healthcare, social services and benefits, and psychological assistance. This violates the constitutional principle of equality and Ukraine’s international obligations, including the UN Convention on the Rights of Persons with Disabilities and the Geneva Conventions.

3. Humanitarian and Socio-Economic Consequences

The shortcomings of the current procedure have severe humanitarian and socio-economic implications. The lack of timely and appropriate support intensifies victims’ suffering, complicates reintegration into communities and a return to active life, and deepens isolation and psychological exhaustion. For the state, this results in a missed opportunity to implement effective rehabilitation policies, increased pressure on the healthcare system, greater risks of institutionalization – contrary to Ukraine’s European integration commitments – and declining public trust in institutions mandated to protect vulnerable groups.

4. A Systemic Response to the Challenges of War

In view of the above, we believe it is necessary to consider transferring the function of establishing the link between disability and injuries sustained by civilians from explosive ordnance to the Ministry of Social Policy of Ukraine. This Ministry holds a direct mandate, has extensive experience working with civilian populations, and operates a nationwide network of territorial offices. Such a change would simplify and improve the procedure, making it more transparent, accessible, needs-oriented, and aligned with the humanitarian consequences of war. Furthermore, this reform would reduce administrative burdens. Digitalization of the application and review process would shorten timelines, eliminate unnecessary bureaucracy, and help prevent further retraumatization.

We also emphasize the financial dimension. Centralizing the procedure within a single competent authority would eliminate duplication of functions across ministries, optimize state budget expenditures, and allocate more resources to rehabilitation, social protection, and support for those affected. In the context of ongoing war, the rational use of public funds and efficient responses to the needs of the population are both urgent imperatives and hallmarks of responsible governance.

The integration of digital tools into the disability linkage process aligns with Ukraine’s digital transformation strategy and would ensure equal access to services regardless of place of residence. All reforms must be implemented in compliance with international human rights standards ratified by Ukraine.

In the context of armed aggression and numerous humanitarian challenges, reviewing legal norms that limit the exercise of fundamental rights by civilians affected by war is a necessary step toward aligning state policy with the principles of humanity, justice, and equality. Public policy must be based on humanitarian principles, not administrative restrictions.

We believe that joint efforts by public authorities, international partners, and civil society can shape a new, person-centered model of social protection in Ukraine – one that respects dignity, rights, freedoms, and the legitimate interests of all citizens.

Therefore, we, the undersigned representatives of civil society organizations, urgently call on the Cabinet of Ministers of Ukraine:

• To amend Resolution No. 306 to establish an inclusive, transparent, and simplified procedure for determining the link between disability and war-related injuries for all civilians affected by the war. 

• To ensure the transfer of responsibility for establishing such linkage in cases of injuries sustained by civilians from explosive ordnance from the responsibility of the  Ministry for Veterans Affairs of Ukraine to the Ministry of Social Policy of Ukraine.

We confirm our readiness to provide expert, methodological, and informational support in the development and implementation of these necessary reforms.

Signed by:

ROKADA, Charitable Foundation

Right to Protection, Charitable Foundation

Civil Holding GROUP OF INFLUENCE, NGO

Danish Refugee Council

Southern Development Strategy, NGO

SOS Children’s Villages Ukraine

Human Rights Centre ZMINA

East SOS, Charitable Foundation

The Tenth of April, NGO

All-Ukrainian association of organizations for people with disabilities “The League of the Strong”   

CrimeaSOS, NGO

NGO Donbas SOS

Crimean human rights group

Helping to Leave

HIAS Ukraine

Mercy Corps

CO CF Stabilization Support Services

Norwegian Refugee Council

CO CF TEAM4UA

HelpAge International

CO CF NAHA ZDOROVI

Humanity & Inclusion

Humedica e.V.

Separate Division of “Terre des hommes – Helping children worldwide – Foundation” in Ukraine

INGO Solidar Suisse Ukraine

FISHERMEN CLUB OF UKRAINE (FCU)

Centre for Strategic Initiatives of Donetsk Region

Proliska, NGO

Peremoha, NGO

CHARITABLE ORGANIZATION “CHARITY FUND “GOODWILL”

Separate Subdivision of the NGO “All-Ukrainian Organization “Union of Persons with Disabilities of Ukraine – Zakarpattia Regional Society of Persons with Disabilities” 

Kharkiv Association of Blind Lawyers, NGO 

Plan International Ukraine