Compensation for damaged housing through "eVidnovlennia" (Ukrainian "eRecovery program") in the "Diia" (Ukraine's "Diia")

1.Compensation for Damaged Housing to be Provided Through the “eVidnovlennia” Service of the Diia App

Background: On 23 February 2023, the Parliament adopted Law №2923-IX¹ introducing a mechanism for providing compensation for damaged and destroyed housing. The law required subsidiary legal acts necessary for outlining implementation procedure.

Recent developments: On 21 April 2023 the Cabinet adopted Decree №381 introducing the Procedure of compensation for the restoration of certain categories of housing damaged as a result of war. Compensation is to be provided via “eVidnovlennia” electronic public service² and upon the decision of the relevant local commission.

¹ For more information, please see DRC Legal Alert 91

2 An electronic public service created for providing compensation for the restoration of certain categories of damaged housing. Application for compensation is possible electronically through the Register of Damaged and Destroyed Property. For more information, please see DRC Legal Alert 78.

³ According to the amendments, introduced by the Cabinet in Decree №487 of 12 May 2023.

2.The Cabinet Regulates Issuance of Childbirth Allowance for Ukrainians Under Temporary Protection Abroad

Background: Under previously existing mechanism woman giving birth abroad could apply for childbirth allowance only upon returning to Ukraine. Such application had to be done in-person.

Recent developments: On 18 April 2023 the Cabinet adopted Decree №340 amending certain decrees on the provision of financial assistance, benefits and housing subsidies, and the Procedure for the appointment and payment of State aid to families with children (Decree №1751 of 27 December 2001).

Ukrainians, temporarily residing abroad now can apply for childbirth allowance remotely during the period of Martial Law. Steps to be taken by the applicant:

• open a bank account for social payments (can be done remotely)
• fill in an application for childbirth assistance
• attach the documents certifying the child's birth issued by the competent authorities of the country of residence and duly legalized
• send the application and documents certifying the child's birth by post to the social protection authority at the registered (declared) place of residence (stay) in Ukraine.

The application shall be done within 12 months of the child's birth (this period has been extended for the duration of the quarantine and one month after its suspension).

3.The Cabinet Allows Cross-Border Payment of Pension for Persons Under Temporary Protection Abroad

Background: Pensioner who fled from war and took temporarily protection abroad have been facing obstacles to accessing their pension. This was especially problematic for pensioners who do not have current bank accounts in Ukraine. Moreover, to renew the payment pensioners had to apply to the Pension Fund in person.

Recent developments: On 18 April 2023 the Cabinet adopted Decree №328 introducing a mechanism for payment of pensions to persons temporarily residing abroad and who were granted temporary protection or refugee status.

The amendments provide the following opportunities:

• receive pension payments abroad by international transfer via Ukrposhta postal service
• renew the payment of pensions by sending a relevant application by post to the Pension Fund
• apply for payment of pensions or financial assistance through authorised banks in electronic form using a qualified electronic signature.

4.The Cabinet Adopts Short and Medium-term Strategy of the State Policy on Internal Displacement

On 7 April 2023 the Cabinet adopted Decree №312-p, elaborating short- and medium-term Strategy of the State Policy on Internal Displacement (the Strategy). The Strategy is elaborated for triennial period. It is aimed at creating conditions under which IDPs:

• will not be in need of special assistance or protection as consequence of their displacement
• will enjoy constitutional rights without any discrimination, including on the basis of origin or fact of internal displacement.

Strengthening capacity:

• update the legislation on internal displacement
• improve the Unified Information Database on IDPs
• introduce a system of periodic needs assessment of IDPs

Safe movement:

5.The Cabinet Establishes Coordination HQ for Ensuring the Implementation of the Rights and Freedoms of IDPs

Background: On 7 April 2023 the Cabinet adopted Strategy of the State Policy  on Internal Displacement. Previously, in a significant structural reorganization the Cabinet established a position of the Commissioner for Internally Displaced Persons in order to consolidate IDP protection response framework⁴.

Recent developments: On 18 April 2023 the Cabinet introduced Decree №330 establishing Coordination Headquarters (HQ) for ensuring the implementation of the rights and freedoms of IDP as the practical step towards the implementation of the Strategy.

The Coordination HQ aims to strengthen the interaction of executive authorities in the integration of IDPs at their new place of residence. This includes functions of monitoring, analysis and determine approaches to solving problematic issues related to the implementation of the rights and freedoms of IDPs.

The HQ will be headed and managed by the Minister for reintegration.

⁴ For more information, please see DRC Legal Alert 82.

6.The Cabinet Improves Mechanism for Granting Financial Aid to Conflict-Affected Civilians

On 18 April 2023 the Cabinet adopted Decree №347 improving Procedure for the use of funds for evacuees and persons living in newly accessible areas. Financial assistance to the evacuees is to be payed within five days from the date of arrival of the respective persons to the evacuation reception point.

Required documents:

• identity document, or eDocument
• document confirming the registration number of the taxpayer's registration card (if any)
• document confirming disability (if any)
• child's birth certificate or e-birth certificate (if any).

If the person does not have the relevant documents, the information on the payment of financial assistance shall include the data of the documents of two persons who can confirm the identity of the person receiving the assistance.

No payment is made to a person who has previously received financial assistance as an evacuee.

7.Parliament Removes the Requirement for Deregistration for IDPs to Register Place of Residence at the New Location

On 11 April 2023 the Parliament introduced Law №3054-IX, simplifying registrational procedure of the place of residence for IDPs from the territories of active hostilities or non-government-controlled area (NGCA) and their new- borns. The amendments are aimed at ensuring easier access to State services.

According to the amendments, IDPs whose place of residence is registered or declared at the territories of active hostilities or NGCA may declare or register new place of residence without a deregistration of previous one. Children will be registered at the place of residence of their parents (written application shall be submitted when parents are registered separately).

8.Cabinet Provides Compensation to Employers and Small Businesses Creating New Job

On 18 April 2023 the Cabinet introduced Decree №338 adopting compensation mechanisms to employers and small businesses creating new job. By such decision Government envisages to:

• support and booster economic incentives for business, and
• reduce unemployment.

Thus tax-related expenses are subject to compensation under the following terms:

⁵ 1 minimal salary per month is 6700 UAH as of 1 January 2023. Please, see DRC Legal Alert Special, Issue 87.

Other developments:

1. The Government has declared withdrawal from the Multilateral Agreement that Granted Social Assistance, Compensatory Payments and Alimony. (Decree №368 of 21 April 2023) The Multilateral Agreement on Guarantees of the Rights of Citizens in the Field of Social Assistance, Compensatory Payments to Families with Children and Alimony was done in 1994 among certain former Soviet Republics, including Russia. Guaranties stipulated in this Multilateral agreement shall be further regulated under International Law and relevant bilateral agreements done by Ukraine. The obligations to pay social assistance that arose during the period of participation in this Agreement remain in force until they are fully fulfilled.
2. The Government Establishes Unified Register of Persons Deported or Forcibly Displaced as Consequence of War in Order to Effectively Protect the Rights and Interests of Such Persons (Decree №339 on 18 April 2023)
3. The Cabinet Amends Procedure on Issuance of Pension Certificates to IDPs Allowing Them To Receive Such Certificates Both in Digital and Paper Forms During the Martial Law and Three Months After Its Suspension or Termination (Decree №325 of 7 April 2023)

This Legal Alert is produced thanks to the financial support of the European Union through its Civil Protection and Humanitarian Aid Operations department.

Some of the terminology used in this issue of the Legal Alert was taken from draft laws or current legislation. The contents of this brochure are the sole responsibility of the author/authors. The views expressed herein should not be taken, in any way, to reflect the official opinion of the European Union or the Danish Refugee Council (DRC). Neither the European Commission nor DRC is responsible for any use that may be made of the information it contains.