Lyudmyla Viktorivna (name changed for security reasons) is an IDP from the Volnovakha community. She is a former teacher and mother of three sons, now retired. Now she visits a psychologist from time to time, spends a lot of time with her granddaughter, and dreams of regaining peace of mind. For three years, Lyudmyla Viktorivna visited numerous institutions, traveled to different cities of Ukraine, and filed numerous appeals to various government agencies. All this for the sake of the memory of her two sons, who died in their native village in the spring of 2022 while defending Ukraine. The woman needed to obtain death certificates for her sons, as they were considered to be alive until 2025. As a mother, it was very important for her that the state recognize the fact of their deaths while directly participating in the defense of the country, so that everyone would know how brave her boys were.
Lyudmyla Viktorivna turned to the Stabilization Support Services Charitable Foundation for help almost a year ago. During the project lawyers’ visit to one of the villages in Mykolaiv region, they were conducting free legal consultations. The woman was already in despair. However, the specialists of our Foundation took up the case and brought it to the end.
IDP’s Story
Liudmyla Viktorivna and her two sons met the full-scale invasion in their native village, in the Volnovakha community. With the first shots and explosions, many people started to leave the village, but they stayed. They did not want to give their home and land to the enemy. They decided they would defend it no matter what. In 2014, the guys served in the ATO and had war veterans’ certificates, so they knew what to do. They were well oriented on the terrain and adjusted their fire at the enemy, pointing out the location of their artillery. However, this did not last long.
“When the occupation troops entered the village, local collaborators “betrayed” the whole family. The three of us were hiding in the cellar and they found us. They pulled the boys out and took them away, while they threw me a piece of bread and locked me up. I can’t even imagine what they did to them, and when I heard the first shot, I fainted. When I managed to get out of the cellar, the neighbors told me that my sons were gone. I could not save them…” – the woman shares her story with tears in her eyes.
Liudmyla buried her two sons in the garden near her house and was forced to leave the village because of constant threats. The woman found shelter in the family of her eldest son in Mykolaiv region. All this time, she dreamed that her boys’ feat and bravery would be officially recognized.
Working With a Lawyer
“Last summer, lawyers from the Charitable Foundation came to our village. I went and met lawyer Lilia Bakai there. She gave me hope. She told me not to despair and that she would help me. But she warned me that the path would be long and that the main thing was not to give up,” – Liudmyla Viktorivna recalls.
The first step in Lyudmyla Viktorivna’s work with the specialist of our Foundation was to establish the fact of her husband’s death in the temporarily occupied territory. Next, they filed applications with the district court of Mykolaiv region to establish the facts of their sons’ deaths during their direct participation in measures to ensure national security and defense of Ukraine during martial law.
“Since there were two sons, there were two cases. We prepared all the documents and filed the relevant applications with the court. However, the first time the court refused us. We did not stop, but filed appeals,” – says Liliia Bakai, a regional lawyer in Mykolaiv and Kherson regions.
The Mykolaiv Court of Appeal overturned the district court’s rulings and sent the cases back for further consideration.
“When our first appeal against my middle son was upheld, it was like a small victory for us. In turn, the appeal for my younger son was also granted. Ms. Lilia prepared the documents for me, sent them to me to submit, advised me on all the issues and just supported me in a human way. After two cases were returned for reconsideration, the district court of Mykolaiv region ruled for the second time and finally satisfied my applications,” – says Liudmyla Viktorivna.
This gave Lyudmyla Viktorivna every reason to receive the status of a family member of the fallen defender of Ukraine.
Explanation From the Lawyer
The Resolution of the Cabinet of Ministers of Ukraine No. 685 of July 07, 2023, approved the Procedure for establishing the fact of direct participation of certain categories of persons in measures necessary to ensure the defense of Ukraine, protection of the security of the population and the interests of the state in connection with the military aggression of the Russian Federation against Ukraine in accordance with the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, which defines the procedure for establishing such a fact. The relevant decision is made by an interdepartmental commission formed by the Ministry of Veterans based on a list of documents confirming that the person really died defending our country. And if the necessary documents are not available, the only way out is for a court to establish such a legal fact.
After the facts of the men’s deaths were established while they were directly involved in measures to ensure the national security and defense of Ukraine, their older brother, who had been serving for three years, received grounds for dismissal from the Armed Forces.
“My boys died like real heroes and now everyone knows about it. I thank God and your Foundation! I am proud of my sons, they were my support. Now my eldest son will look after my old age. Fortunately, he will be with me now. He volunteered for the ATO when active hostilities began. He served in various hot spots. He had a concussion. I was very afraid that I might lose my eldest son as well. Your Foundation gave me hope, faith in justice and gave me the strength to live on,” – summarizes Lyudmila Viktorovna.
Lilia Bakai, a lawyer of the Charitable Foundation, worked on Lyudmyla Viktorivna’s case. The specialist has been working for the organization since 2023. She provides legal advice to people in need in Mykolaiv and Kherson regions. In total, Ms. Bakai has about 16 years of experience in the legal field.
The lawyer works within the framework of the project The Comprehensive Assistance to Internally Displaced Persons, Non-Displaced Persons Affected by War, and Those Who Returned to Ukraine through the Provision of Protection, Psychosocial and Cash Assistance, Housing, and WASH Services project is implemented by the Charity Foundation “Stabilization Support Services” and the German humanitarian organization Sign of Hope, with financial support from the German Federal Foreign Office (GFFO).