Compensation mechanism for damaged and destroyed housing: new law from the Verkhovna Rada

1. The Parliament Establishes Mechanism for Providing Compensation for Damaged and Destroyed Property

On 23 February 2023, the Parliament adopted Law №2923-IX introducing a mechanism for providing compensation for damaged and destroyed housing. Following are the salient features of the law:

¹ For more information, please see DRC Legal Alert 78.

² The Cabinet will develop the typical provisions for the establishment of the local commissions. The commission’s personnel composition is subject to approval of the respective local executive body.

In order to ensure effective implementation of the Law, a Register of Damaged and Destroyed Property is established for collecting and processing information. The Register will be jointly administrated by the Ministry of Infrastructure and the Ministry of Digitalization.

2.The Cabinet Introduces Mandatory Evacuation of Children from Areas of Hostilities

On 7 March of 2023, the Cabinet adopted Decree №209, requiring mandatory evacuation of children from the areas of hostilities and armed conflicts. The Decree provides power to relevant authorities to carry out mandatory evacuation of children during Martial law even in situations where the parents or legal guardians refuse to cooperate.

The following authorities are provided with the decision-making power:

• regional military administrations
• military commanding authorities of the respective territories
• Coordination Hub for mandatory evacuation.

3.The Cabinet Assigns New Roles to the Coordination Hub on Children`s Rights During Martial Law

On 10 March of 2023 the Cabinet adopted Decree №217 assigning new functions to the Coordination Hub on Children`s Rights During the Martial Law. In addition to the previously assigned activities the Coordination Hub will:

• coordinate the actions of executive authorities to create conditions for integration at the new place of residence for the evacuated children
• monitor cases of violence against children
• coordinate activities related to the return of the children forcibly displaced to the NGCA or to the territory of the Russian Federation or other states.

The Coordination Hub will be headed by the Minister for Reintegration of the Temporarily Occupied Territories.

4.The Cabinet Creates Youth Fund and Promotes Youth Participation in Restoration and Reconstruction

On 28 February 2023, the Cabinet adopted Decree №182, establishing the Ukrainian Youth Fund. The principal objectives of the Fund include:

• Provision and supervision of budget grants for youth projects
• Development and facilitation of youth policy and youth activities.

The Fund, among other matters, will provide grants to youth driven projects for restoration and reconstruction in the post-war period. At least 70% of the volunteers participating in any such project should be young persons. Activities of the projects may include:

• public works
• community reconstruction, including youth centres and social infrastructure
• integration of internally displaced persons (IDPs) into the receiving communities, etc.

5.The Parliament Empowers Certain Parliamentary Committees with Functions Necessary for Post-War Restoration

On 23 February 2023, the Parliament adopted Decree №2929-IX, assigning new decision-making roles on post-war restoration to certain Parliamentary Committees.

6.The Cabinet Approves a List of Prioritized Activities of the Government Including Integration and Support for the Internally Displaced Persons

On 14 March 2023, the Cabinet adopted Decree №221-p laying down the government’s priorities for 2023. The 246- page document lists 569 priority actions including the following activities that may have positive impact on IDP durable solutions:

• Securing concessional loans from the Council of Europe Development Bank for social projects such as social housing and other IDP support
• Activating the eOselia program, including the provision of mortgage loans at 7% interest for 20 years with a 20% down payment
• Stimulating the development of small and medium-sized businesses and creating new jobs, which will encourage the return of employees who left Ukraine due to war
• Ensuring support to SME and Micro SME under international technical assistance projects, aiming at strengthening their ability to operate and provide critical goods and services to IDPs and host communities
• Implementation of programmes, projects and activities aimed at the development of youth from the territories of hostilities and NGCA, and IDPs
• Expanding the geographic outreach of state enterprise "Document" outside Ukraine and ensuring the provision of administrative services to citizens of Ukraine who left Ukraine due to war
• Improving the quality of life of IDPs by implementing medium-term solutions; strengthening their capacities and social resilience; stimulating economic activity; and ensuring their return to their place of residence.

Other Developments

1. The Cabinet Establishes the Procedure for Verification of Qualification of Medical Workers Employed Abroad During the Martial Law (Decree №149 of 17 February 2023).
2. The Cabinet Denounces the Agreement on Cooperation and Coordination of Development of New Border- Crossing Points at the Ukraine-Russia Border (Decree №175 of 28 February 2023).
3. The Cabinet Denounces the Belarus-Ukraine Agreement on Mutual Control on Border-Crossing Points at the Ukraine-Belarus Border (Decree №176 of 28 February 2023).
4. The Cabinet Allows to Attach IDP Certificate as a Document Proving the Fact of Raising a Children From Previous Marriage in Order to Get The Certificate of a Parent of the Family With Many Children (Decree №191 of 3 March 2023).
5. The Cabinet Establishes that an Applicant Will Pay Only the Fee for International Passport While Applying for both National and International Passports (is applicable for the initial issue of the National Passport only) (Decree №210 of 7 March 2023).
6. The Cabinet Approves Additional Funding of 10 bln UAH for Local Self-Governments of Conflict-Affected Areas, Newly Accessible Areas and NGCA (Decree №209-р of 10 March 2023).
7. The Cabinet Amends the Composition of the Working Group on the Protection of the Rights and Freedoms of Ukrainians Under Temporary Protection in the EU and Other Countries Adding, Inter Alia, the Commissioner for Internally Displaced Persons (Decree №200-р of 7 March 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.