DRC Legal Alert: Issue 100
1.Persons Who Renovated Damaged Housing at Their Own Expense are Eligible for Compensation
Background: On 21 April 2023, the Cabinet adopted Decree №381 introducing the Procedure for claiming compensation for the restoration of certain categories of housing damaged as a result of war. One of the prerequisites for receiving compensation was that the damaged housing had not been repaired.1
Recent developments: On 5 October 2023, the Verkhovna Rada approved Law №3410-IX, eliminating the discriminatory provisions. Accordingly, monetary compensation will also be provided for construction items that were purchased and/or repair works that were performed at the expense of the compensation applicant.
The newly amended provisions will come into force from 1 January 2024.
2.Remote Sensing of the Earth Makes Compensation for Destroyed Housing in NGCA Possible
On 27 October 2023, the Cabinet of Ministers adopted Decree №1185, launching the Procedure for implementing a Pilot Project to conduct surveys of certain categories of destroyed housing through the use of technology for remote sensing of the Earth.
1 For more information, please, see DRC Legal Alert Issue 93.
2 In accordance with the Procedure for Providing Compensation for Destroyed Real Estate, approved by the Cabinet of Ministers of Ukraine on 30 May 2023. For more information, please, see DRC Legal Alert Issue 95.
3 The city is in the NGCA since 1 March 2022.
3.The Minimum Amount of Unemployment Benefit has been Increased
On 20 October 2023, the Decree №60 of the Fund of State Social Insurance for Unemployment entered into force. According to the Decree, the minimum amount of unemployment benefits has been increased for the first time since 2020.
4 For more information, please, see DRC Legal Alert Issue 95
5 Previously, the minimum amount of Unemployment benefits was fixed at the level of UAH 1,000.
6 UAH 2,684 as of 1 January 2023.
7 There is list of relevant reasons for dismissal that are applicable:
- the entry into force of a court decision sentencing an employee to imprisonment
- systematic failure to perform work duties without valid reasons or absenteeism
- appearing at work in a state of alcohol, narcotic, or toxic intoxication
- impossibility of providing the employee with work because of hostilities
- termination of an employment agreement with a manager at the request of an elected body of a primary trade union organisation
8 Gig specialist – a person working under a gig contract. The gig contract is an agreement for IT specialists combining freelance features and social guarantees for IT workers. For more information, please, see DRC Legal Alert, Issue 89.
NB: This Decree is retroactive and is applicable from 31 July 2023.
4.The Cabinet Launches a Pilot Project to Build up Resilience
On 3 October 2023 the Cabinet of Ministers adopted Decree №1049, launching a Pilot Project on comprehensive social services to build resilience.
5.The National Security and Defence Council Steps Forward to Ensure Food Security During Wartime
On 9 October 2023, the National Security and Defence Council adopted a Decision (reinforced by the Presidential Decree №681/2023), on addressing, among other matters, food security issues during war. The core provisions are aimed at counteracting the challenges caused by the war, as well as restoring and developing agricultural businesses, in particular in combat-affected areas.
6.Ukraine and Croatia Signed Agreement on Demining
Background: On 6 October 2023 the Cabinet of Ministers approved Order №905-p, approving an intergovernmental Agreement9 on cooperation in the sphere of demining between Ukraine and Croatia and authorising the First Vice Prime Minister of Ukraine - Minister of Economy toь sign it.
9 The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Croatia on Cooperation in Mine Action.
Recent developments: On 10 October 2023, Ukraine and the Republic of Croatia signed the Agreement. The Agreement is aimed at cooperating for the purpose of clearing explosive ordnance from Ukraine.
The areas of cooperation envisaged by the Agreement are part of the Mine Action Strategy that Ukraine is currently working on the following steps are considered:
7.Terms for the Provision of Certain Social Services are Revised
On 27 October 2023, the Cabinet of Ministers introduced Decree №1124, slightly amending the current legislation based on the provision of social services. Following are the major changes introduced by the Decree:
- Persons with a disability get the opportunity to re-apply for services if life circumstances have changed (i.e., death of a family member, change in their financial or social status).
- Individuals/families in difficult life circumstances will have access to social services on an urgent basis - bureaucratic procedures will be relaxed.
- Persons who suffered from deprivation of personal liberty because of war will be treated equally to persons in difficult life circumstances.
- The fee for the provision of social services10 for persons in the areas experiencing active hostilities or NGCA will not be revised during the Martial Law and one month after its termination/ cancellation.
10 Differentiated fee for the provision of social services - part of the cost of social services paid to the social service provider by the recipient of such services.
8.Generation of New Employment is Made a Condition for Business Receiving Certain Grants from the Government
On 27 October 2023, the Cabinet of Ministers adopted Decree №1125, introducing amendments to the Procedures for the Provision of Grants for the Establishment or Development of Horticulture, Berry and Viticulture and Development of Greenhouse Farming.
The amended provisions create an obligation for the businesses, that are applying for a grant, to create jobs under the following conditions:
- employ persons for full-time work
- wages to such persons should not be less than the national minimum wage
- level of wage shall be confirmed by the payment of a single contribution to the obligatory State Social Insurance Fund.
Other Developments
- All information on Invincibility Points11 becomes accessible through DIIA app (Decree №1095 of 13 October 2023)
- The Cabinet approves attracting of USD 1.2 billion loan from the International Bank for Reconstruction and Development for the implementation of the project "Investing in Social Protection for Improved Coverage, Resilience and Efficiency (INSPIRE)". (Order №972-p of 27 October 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.
11 For more information, please, see DRC Legal Alert, Issue 88
