A pensioner from Sloviansk has obtained compensation from the state amounting to almost $13500 for housing destroyed during the fighting in the Donbass, having passed five courts. This is reported by the website of the Ukrainian Helsinki Human Rights Union.
"On October 11, 2017, the decision of the Court of Appeals of the Donetsk oblast satisfied the lawsuit filed by pensioner M. from Sloviansk to the State of Ukraine on compensation for material damage in the amount caused to her as a result of artillery shelling", - the report said.
It is noted that on June 6, 2014, as a result of artillery shelling, which was carried out during the ATO, a fire broke out in the apartment of an 81-year-old pensioner. The apartment of 45.8 square meters burned out completely together with all the property that was in it.
The cause of the fire was established: "The source of ignition from the outside, as a result of artillery fire during the antiterrorist operation... Fire units did not take part in eliminating the fire in connection with the active phase of the ATO".
The area of the apartment was subjected to shelling more than other areas of Sloviansk, staying in it was very dangerous. The woman was not injured, because, hiding from shelling, she left the city for Rajhorodok village.
The woman applied to the city department of the Main Department of Internal Affairs of Ukraine in the Donetsk oblast on July 23, 2014, however the pre-trial investigation did not establish the guilty person.
Then on December 7, 2015, the victim, with the help of the Ukrainian Helsinki Human Rights Union, applied to the Sloviansk District Court for a lawsuit against the state of Ukraine, represented by the Cabinet of Ministers of Ukraine, the State Treasury Service of Ukraine, on compensation for material damage.
All three courts passed the case, and on the results of the examination it was returned to the Sloviansk regional court.
"Despite this, on May 24, 2017, the decision of the Sloviansk regional court to grant the claim to the pensioner was denied. One of the defendants' arguments, which the court listened to, was that currently there is no law or regulation regulating the procedure for compensation of damage, caused by the conduct of the ATO. There is no state body, which has the responsibility to implement such a refund and a mechanism for determining the amount of compensation", - the report said.
Disagreeing with the above decision, with the help of lawyers of the Chugujivska Human Rights Group and the Ukrainian Helsinki Human Rights Union, the woman filed an appeal.
And on October 11, 2017, the appeal of the pensioner was satisfied by the decision of the Court of Appeal of the Donetsk oblast. The pensioner’s claims to the State of Ukraine in the person of the Cabinet of Ministers of Ukraine and the State Treasury Service of Ukraine on reimbursement of material damage are satisfied.
The decision of the court came into force.