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:
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:
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:
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.
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:
Recent developments: On 1 June 2023 the Cabinet elaborated Decree №546 establishing Procedure for evacuation and return of children placed in residential institutions, including:
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:
However, the abovementioned institutions may carry out activities related to the provision of educational, social, medical, rehabilitation and other
services, if:
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
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.
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