Judgment of the Supreme Court on granting the status of a child affected by armed conflict and hostilities (case № 360/3668/18)

The Supreme Court expressed its position regarding the granting of the status of a child affected by armed conflict and hostilities. This is stated in the ruling of the Administrative Cassation Court of the Supreme Court.

The mechanism for granting the status of a child affected by armed conflict and hostilities is defined by the Procedure for Granting the Status of a Child Affected by Armed Conflict and Hostilities, approved by the government decree of April 5, 2017, № 268.

In particular, the right to obtain the status is granted to a child, as well as a person who, during the anti-terrorist operation, had not reached the age of 18 and who, as a result of armed conflict and hostilities, in particular, experienced psychological violence.

In resolving the issue of whether to grant the status of a child affected by armed conflict and hostilities, the presence of the child’s status as an internally displaced person should be considered.

It is also necessary to establish a causal relationship between the armed conflict and hostilities and the occurrence of circumstances (violence, injury, etc.) that had a negative impact on the child’s health and development. According to the definition of a child affected by armed conflict and hostilities, it is precisely as a result of armed conflict or hostilities that such a child should have, among other things, experienced psychological violence.

The Supreme Court noted that residing in an area where no hostilities, armed conflicts, or temporary occupation took place cannot be grounds for granting the status of a child affected by armed conflict and hostilities. The inclusion of a settlement in the List of Settlements where the anti-terrorist operation was conducted, according to Cabinet of Ministers Decree №1275-r of December 2, 2015, does not serve as grounds for determining that a child has experienced psychological violence under the provisions of Procedure № 268 and for granting the child the status. Thus, including a settlement in the territories where the anti-terrorist operation was carried out, without hostilities or armed conflicts, is not a sufficient legal basis or condition for granting the status of a child affected by armed conflict and hostilities.