The Cabinet Eliminates Financial Assistance for Some Categories of IDPs

1.The Cabinet Eliminates Financial Assistance for Some Categories of IDPs

Background: On 1 October 2014 the Cabinet of Ministers of Ukraine introduced financial assistance for Internally Displaced Persons (IDPs) through Decree № 332. After the escalation of the conflict in February 2022, the Cabinet expanded the scope of the assistance through Decree № 505 of 1 October 2014.¹

Recent amendments: On 11 July 2023 the Cabinet of Ministers of Ukraine made certain critical amendments to the IDP assistance scheme through Decree №709. Accordingly, the following categories of IDPs will cease to receive IDP assistance effective from 1 August 2023:

• IDPs who stayed abroad for more than 30 consecutive calendar days (except for business trips, children's health improvement, internships, treatment, rehabilitation, etc.
• IDPs convicted of criminal offence or listed in the wanted list for crimes against National Security
• IDPs who returned to the abandoned place of residence in the territories of active hostilities or Non-government-controlled areas (NGCA).

Additionally, IDP payments will be discontinued for an IDP who

• has purchased a vehicle manufactured not earlier than 5 years
• has purchased of a real estate, foreign currency, etc. for an amount exceeding 100 000 UAH. Or has equivalent funds on deposit in bank account(s).
• owns housing (not damaged or destroyed one) in government-controlled area
• has been and still is on full state support in a orphanage, boarding school etc. under the social protection system.

A decision of the social protection authority on exclusion of an IDP from assistance can be appealed to the National Social Service or through the court procedure. The Decree, however, reaffirms to maintain IDP assistances for the following groups:

• who have moved from the territories of active hostilities or NGCA

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

• who housing was destroyed or rendered uninhabitable as a result of war, and\
• who were granted assistance under the Decree №332 of 20 March 2022.

2.The Parliament Creates Scope for Flexible Use of Maternity Leave

Background: The Labour Code of Ukraine divides maternity leave rights in two slots, i.e. 70 calendar days before childbirth and 56 calendar days after childbirth (70 in case of two or more children and in case of complications of childbirth). The total leave entitlement is 126 (140 in case of two or more children and in case of complications of childbirth) calendar days.

Recent developments: On 13 July 2023 the Parliament adopted Law №3238-IX allowing pregnant mothers to transfer leaves between the slots. Under the amendment, at the request of the pregnant mother, and if there are no medical contraindications, 70-days-leave provided for before childbirth may be transferred and used partially or fully after childbirth. In any case, the total duration of the leave shall not exceed 126 calendar days (140 calendar days in case of the birth of two or more children and in case of complications of childbirth).

The same rule applies to the maternity leave for women affected by the Chornobyl disaster. This category of mothers is eligible for maternity leave during 90 calendar days before and after childbirth (180 calendar days in total).

3.Notaries are Given DirectAccess to the Unified Demographic Register

On 11 July 2023 the Cabinet of Ministers of Ukraine issued Decree №700 providing Notaries with direct access to the Unified Demographic Register (UDR). Notary can now use the Register to collect and verify personal data of the person who sought a notarial work. The access is provided free of charge.

Relevant Certificate, confirming or denying validity of person`s documents, is formed automatically in the UDR and is guarded at the e-Notary System. The Certificate is valid for the day of the notarial act only. If no data is found in the Register or if the document used is invalid, that information is recorded in the certificate too.

The State Migration Services can appeal to the Ministry of Justice for the termination of any notary`s admission to the Register if:

• the notary has abused the right of access to the Register's data
• the notary is found to have obtained information from the Register using malicious software or other methods that endanger the Register's operation or the information within it.

4.The Parliament Amends Procedure on Migration to Ukraine for Foreigners and Stateless Persons

On 29 June 2023 the Parliament approved Law №3180-IX making the following amendments to the immigration legislation:

• maximum time period for decision-making process regarding immigration permits is reduced from 1 year to 6 months
• marriage does not constitute a legal ground for receiving an immigration permit.
• facilitated procedures for granting immigration permits to family members of foreign specialists, contracted in Ukraine.
• an Immigration quota² principle is adopted to the current situation. The quota will be introduced only in case of deterioration of the migration situation in Ukraine
• persons residing in Ukraine for more than 5 years on a temporary residence permit (except for foreign students) will be eligible to obtain immigration permit.

Other developments

1. The Cabinet allocates 140 million UAH to the Ministry of Reintegration for financial assistance to persons who have been deprived of personal liberty as a result of war (Decree №741 of 11 July 2023)
2. The Cabinet approved additional budgeting to Mykolaiv Oblast for liquidation of the consequences of Kakhovka Dam destruction (Decree №696 of 7 June 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.

² Immigration quota is the maximum number of foreigners and stateless persons who are to be granted an immigration permit during a calendar year. The Cabinet approved Order №111-р as of 7 February 2023 establishing Quota within 9203 immigration permits for 2023. The quota includes following categories of potential immigrants: scientists (850 persons), high-qualified specialists (5000 persons), family members of migrants (2890 persons), foreigners who previously had Ukrainian citizenship (396 persons), military servants of UAF (57 persons) and foreign investors (unlimited).