Compensation for destroyed housing: the government has approved the payment procedure

1.The Cabinet Has Adopted Long-Awaited Procedure for Compensating Destroyed Housing

Background: On 23 February 2023, the Parliament adopted Law №2923-IX, introducing a mechanism of compensation for damaged and destroyed housing¹. The Law required subsidiary procedural frameworks to be adopted. It is notable that the government decided to introduce separate procedures for compensating damaged and destroyed housing. The Procedure on compensation for damaged housing was adopted in April 2023² but didn`t include issues of compensation for destroyed objects.

Recent developments: On 30 May 2023 the Cabinet approved Decree №600 introducing Procedure for compensating destroyed housing.

¹ For more information, please, see DRC Legal Alert Issue 91

² For more information, please, see DRC Legal Alert Issue 93

³ For more information, please, see DRC Legal Alert Issue 78

2.The Cabinet Introduces Multiple Actions to Address the Consequences of the Kakhovka Dam Destruction

Background: The Kakhovka dam's destruction on 6 June 2023, as a consequence of war, has led to the flooding of downstream settlements, prompting an urgent need for evacuation and humanitarian assistance⁴. As of 22 June 2023, nearly 4,000 people were evacuated in Khersonska and Mykolaivska oblasts and thousands of people have reportedly been evacuated from the non-government-controlled areas. Approximately 700 000 people potentially affected are still residing without proper access to drinking water on both GCA and NGCA. Nearly 600,000 hectares of agricultural land will remain without irrigation⁵.

Recent developments: The Cabinet adopted several frameworks in order to address the consequences of destruction of the Kakhovka dam. The most notable measure is the decision that the damage caused by the flooding will fall within the ambit of the compensation law (Law №2923-IX⁶).

On 13 June 2023 the Cabinet adopted an Action Plan of measures, to be taken by the local governments. The Plan, among other matters, includes:

• Organisation of the inspection of buildings and structures damaged as a result of the flooding
• Registration of the results of such inspection to the relevant Register, and
• Calculation the appropriate amount of compensation for the restoration of damaged and destroyed housing

On 16 June 2023 the Cabinet approved Decree №609 introducing Procedure for liquidation of consequences caused by the destruction of the Kakhovka hydroelectric power station dam in the Kherson region. The Procedure includes:

• inspection of the objects
• development of project documentation
• new construction, reconstruction, major repairs, acquisition of housing
• compensation for destroyed and damaged objects:
• for damaged housing compensation is provided under Decree №381 via “eVidnovlennia”⁷
• for destroyed property compensation is provided under Decree №600.

On 19 June 2023 the Cabinet signed Decree №626 elaborating Procedure for granting one-time financial aid to the affected persons.

⁴ For more information, please, see UNCT Joint Analytical Note of 9 June 2023

⁵ For more information, please, see OCHA Ukraine humanitarian response, flash update #8

⁶ For more information, please, see DRC Legal Alert Issue 91

⁷ For more information, please, see DRC Legal Alert Issue 93

3.The Cabinet Makes Critical Changes to Adoption Procedure to Address Challenges Faced During Martial Law

Background: As at the beginning of the war, there were 37 baby homes in Ukraine with 2,723 beds, of which 2,523 were specialized and 200 were of a general type, in which 2,294 children were staying full-time.

After 24 of February 2022, due to the threat to the lives and health of children because of the war, 970 (42.3% of the total number) children were relocated (evacuated) to safer areas of Ukraine and abroad⁹. The mechanism for adoption of Ukrainian children evacuated abroad remained unclear.

Recent developments: On 1 June 2023 the Cabinet adopted Decree №576 introducing the following changes:

• Online meeting with child: Acquaintance of applicant for adoption with the child is now permitted to be carried out online via video conference.

⁸ The list of settlements located in the flooded areas of Mykolaiv and Kherson oblasts and the list of streets and addresses (if possible) that were flooded, shall be approved by the Mykolaiv and Kherson regional military administrations correspondingly.

⁹ Data are provided according to UNICEF Analytical Report №3, 2022.

• Adoption allowed within GCA: Adoption or placement of children in foster families, family-type children's homes that reside in the areas of active hostilities and NGCA is prohibited.
• Adoptions of children evacuated abroad: Adoption and placement of orphans and children deprived of parental care who are abroad is permitted only for families and family-type children's homes currently residing in Ukraine. It also provides for the placement of such children under guardianship.
• Possibility to renew documents of adoption applicants: Adoption applicants who are temporarily displaced (evacuated) outside Ukraine or for other reasons cannot renew the expired documents¹⁰ will have 3 months after the termination or cancellation of Martial Law, to renew the documents and formalize the adoption in accordance with the legislation of Ukraine.
• Adoption by foreigners: Generally, it is prohibited for foreigners and Ukrainians abroad to adopt children during Martial Law and within 3 months after its termination or suspension. Exceptions are made for the following categories of the adoption applicants:

relatives of the child

applicants seeking adoption of a child who is a sibling of a child previously adopted by them

one of the spouses has expressed a desire to adopt the child of the other spouse.

4.The Cabinet Elaborates Procedure of Evacuation and Return of Children Placed in Residential Institutions

Background: As of 24 February 2022, 37 baby homes provided care to orphans and children deprived of parental care, were functioning in Ukraine. As of December 2022, due to constant shelling, children from 22 baby homes were evacuated to safer places in Ukraine or abroad including:

• 492 children relocated withing Ukraine from 11 baby homes
• 549 children relocated abroad from 13 baby homes (children from two baby homes were initially relocated within Ukraine before relocated abroad; so, they are counted twice)
• 15 baby homes continue to function at the place of their permanent location¹¹.

Recent developments: On 1 June 2023 the Cabinet elaborated Decree №546 establishing Procedure for evacuation and return of children placed in residential institutions, including:

• orphanages
• special educational institutions
• shelters for children
• boarding schools.

10 I.e. salary certificate, medical certificate for each applicant, certificate of criminal record and title documents for housing.

¹¹ Data are provided according to UNICEF Analytical Report №3, 2022.

According to the recent amendments, during Martial Law, mandatory relocation (evacuation) will be carried out when institutions are located:

• less than 2 kilometres from entities that are important for the national economy and defence
• less than 100 kilometres from the NGCA
• less than 50 kilometres from the state border of Ukraine with the Russian Federation and the Republic of Belarus.

However, the abovementioned institutions may carry out activities related to the provision of educational, social, medical, rehabilitation and other

services, if:

• equipped with necessary civil defence system
• there are premises, suitable for sheltering
• there is no enrolment of children for overnight stay.

5.The Cabinet Extends Geographic Scope for Granting Status of Conflict-Affected Child

Background: The Cabinet Decree №268 of 5 April 2017 created the scope for granting the status of a conflict affected child. The Status entails eligibility for certain protection services and social benefit. However, eligibility of children for the Status was limited within NGCA of Donetsk and Luhansk oblasts exclusively.

Recent developments: On 1 June 2023 the Cabinet adopted Decree №547 expanded the geographic scope of the scheme from two Oblasts to the entire territory of Ukraine.

Other Developments

1. The Cabinet Authorises Provision of Free Legal Aid during Curfew (Decree №630 of 24 June 2023) Attorneys, appointed by a regional centre for the provision of free secondary legal aid, may stay outside to perform their duties during curfew if accompanied with:

• a certificate of the right to practice law or a certificate of a lawyer of Ukraine and
• a scanned copy of the order, issued by regional centre for the provision of free secondary legal aid to perform job duties.

2.The Cabinet Allows Subventions to Develop Assistance Services for Victims of Domestic Violence (Decree №559 of 2 June 2023)

3.The Cabinet Facilitates Renovation of Passports Abroad (Decree №575 of 6 June 2023) Amendments allowed to State Migration Service and Consular service abroad to receive extracts directly from the State Register of Civil Status Acts. This significantly facilitates procedure for issuing passports, including for persons temporarily residing abroad.

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.