Government's pilot project to provide social services to internally displaced persons

1.Cabinet Launches Pilot Project to Provide Social Services for Selected IDPs

 On 21 March 2023, the Cabinet adopted Decree №248 introducing a Pilot Project to provide certain social services to some categories of internally displaced persons (IDPs) in healthcare facilities.

2.The Parliament Removes One More Obstacle for the Payment of Compensation for Conflict- Affected Persons

On 24 February 2023 the Parliament introduced Law №2953-IX amending Law on State Budget for 2023², removing a critical obstacles for the payment of the compensation to the conflict affected persons. The State Budget for 2023, which was passed prior to the Compensation Law, did not contain budgetary allocation for compensation, including compensation for damaged or destroyed housing. The current amendment resolves the inconsistency by adding the following budget lines to be spent from the Restoration Fund of the consequences of war:

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

² For more information, please see DRC Legal Alert Special 87.

• compensation for the destroyed/damaged housing (including rural and garden houses)
• restoration of damaged residential (including rural and garden houses) and public facilities
• construction of housing for persons who lost their homes as a result of war.

Additionally, marine sector is provided with guarantees of compensation for damage caused as a result of war. In this case eligible persons are: charterers, operators and/or owners of vessels operating under the flag of Ukraine and flags of foreign countries.

3.The Parliament Introduces Law on Financial Aid for State Employees Affected by War

On 20 March 2023 the Parliament adopted the Law №2980-IX providing on one-time financial aid to State employees and their family in case of disability or death caused by the war.

4.The Parliament Introduces Experimental Project on Educational eDocument

On 4 November 2022 the Parliament adopted Decree №1242 launching a biennial Pilot Project on electronic document of education. Accordingly, holder of a relevant educational document can receive educational eDocument (which may be used instead of and without additional presentation of the paper version of the document) if such person:

• has reached the age of 14
• has been registered with “DIIA”
• has a taxpayer registration number
• has valid ID.

5.The Cabinet Establishes Procedure for Training, Retraining and Professional Growth of the Unemployed

Background: According to ILO estimates, 15 % of employment (equivalent to 2.4 million jobs) has been lost in Ukraine in 2022 in comparison to 2021 employment data. As the war continues, more Ukrainians could lose their jobs and millions could be pushed into poverty, offsetting years of development efforts.

Recent developments: On 24 March 2023 the Cabinet introduced Decree №264, establishing a Procedure for training, retraining and professional growth of the unemployed. Such training will be organised at the request of the employer including self-employer. The personal preferences and professional needs of the unemployed will be taken into account.

The training is provided primarily in the following cases:

• the unemployed person has no profession (speciality) and is looking for work for the first time
• a job suitable for the unemployed requires prior retraining or advanced training to improve previously acquired competencies
• the unemployed person has lost the ability to perform work in the previously acquired profession(s), speciality(s) due to health reasons
• the unemployed person wishes to engage in entrepreneurial activity
• there is a current and prospective labour market need for such personnel.

6.The Parliament Adopted Provisions to Protect Rights of Migrant Workers

Background: According to the latest data of the Organisation for Economic Co-operation and Development (OECD), by mid-November 2022, around 4.7 million refugees³ from Ukraine had registered for temporary protection in the European Union as a result of war. Most of the adults are women with higher-than-average educational levels compared to other refugee groups and the Ukrainian general population.

The labour market inclusion of Ukrainian refugees has been faster compared to other refugee groups. In a few European OECD countries, the share of working-age Ukrainian refugees in employment is already over 40 (including the Netherlands, Lithuania, Estonia, and the United Kingdom).

³ The term “refugee” is used in this context to include persons who obtained some sort of international protection, including not only formal refugee status (as per the Geneva Convention) but also subsidiary and temporary protection (as in the case of most refugees from Ukraine).

Recent developments: On 20 March 2023 the Parliament introduced Law №2982-IX amending several laws in order to protect rights of migrant workers and combat fraud in foreign recruitment. It is envisaged, that the international employment market will be gradually legalised, that will ensure transparent business operations.

7.The Ministry of Justice Approved Criteria for Determining Institutions that are Important for the National Economy in the Sphere of Free Legal Aid

Background: On 27 January 2023 the Cabinet adopted Decree №76 approving the Procedure and criteria for determining legal entities that are crucial for the economy and those ensuring the vital needs of the population during the special period⁴. According to the Procedure, the criteria for determining an enterprise that is important for a sector of the national economy shall be determined by national executive authorities according to the sphere of their respective mandate.

Recent developments: On 28 March 2023, the Ministry of Justice adopted Order №1135/5, establishing criteria for providers of free legal aid to be recognized as important for the economy during the special period. The criteria are as following:

⁴ For more information, please, see Danish Refugee Council Legal Alert, Issue 89

• the institutions are acting in the field of free legal aid under the Ministry of Justice
• the institutions provide access to legal services to the population of Ukrain
• the main type of economic activity of such institutions falls within "General government" activities.

Other Developments

1. The Ministries adopted procedure of apostille (Order №125/209/293/139/999/5 of 17 March 2023)
2. The Parliament grants State support for professional, professional higher and higher education to persons suffered from deprivation of personal liberty as consequence of war and their children as well as children of deceased persons who suffered from deprivation of personal liberty as consequence of war younger than 23 years old (Law №2940-IX of 23 February 2023).
3. The Government approved the Draft Decree on the establishment of the Center for Humanitarian Demining (Order №303-p 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.