The Cabinet of Ministers of Ukraine has introduced a number of initiatives to support IDPs, pensioners, and people affected by the destruction of the Kakhovka hydroelectric power plant

1.The Cabinet Lays Guidelines for Establishing Councils on IDP Issues

On 4 August 2023, the Cabinet of Ministers of Ukraine adopted Decree №812 providing a model for establishing Councils on Internally Displaced Persons. The Cabinet recommends to establish Councils before 1 September 2023. Councils on IDPs are established at Oblast and Rayon levels as advisory bodies, paving ways for IDP participation in the design and implementation of regional policy. The scope of the Council’s work focus includes the following:

• Protection of IDP`s rights:
• Realization of civil and political rights of IDPs
• Involvement of IDPs in the process of development and implementation of regulations
• Protection of the rights and interests of IDPs in the sphere of social protection, housing and employment, psychosocial, medical and legal assistance and other issues
• Development of the legislative framework:
• Initiating the development of new and amending existing legal acts in the sphere of protection of the rights and interests of IDPs
• Promoting the implementation of legal acts
• Cooperation at the hromada`s level:
• Oversight on inter-sectoral cooperation
• Monitoring implementation by local authorities
• Integration:
• Promoting adaptation and integration of IDPs
• Providing support for business entities that have relocated their production facilities and assets
• Facilitating the involvement of IDPs in solving hromada`s issues
• Development of public-private partnerships for adaptation and integration of IDPs
• Facilitating the attraction of domestic and foreign investors, and public and international associations for the development of infrastructure and capabilities of hromadas
• Adherence to the principles of gender equality to promote social cohesion, and reduce tensions and risks of conflict between the hromada and IDPs.

2.The Cabinet Launches Pilot Project of Pension Delivery to Persons Abroad via “Ukrposta”

On 11 August 2023 the Cabinet of Ministers of Ukraine signed the Decree №842 launching the Pilot Project on payment of pensions and financial assistance via international postal transfers by Ukrposhta.

The payments are to be transferred to recipients, who are currently under temporary protection abroad.

The timeframe of this Project shall cover the period of Martial Law plus six months after its termination or cancellation, but no longer than two years from the date of entry into force of the mentioned Decree.

Eligible persons can choose to apply on paper and send it to Ukrposhta or fill out the e-form.  The applicant is not required to provide any documentary evidence of the fact of temporary residence at the address specified in the application.

The Ukrposhta converts the payment amount into foreign currency at the exchange rate of Ukrposhta effective on the day of the transfer.

NB: If a pension is accrued through the Ukrposta but the recipient did not appear to receive payments for more than six months, the payments are suspended. In this case, the pensioner shall apply to the Pension Fund for renovation of payments before filling out the application.

3.The Cabinet Creates Procedure for Declared Place of Residence and Registered Place of Residence for Persons Living in NGCA

Background: The current procedure for changing the place of residence requires deregistration from the previous place of residence following a complex

procedure. The procedure is further complicated due to the Martial Law, which added new practical and legal obstacles including barriers to exercising the right to choose one’s place of residence.

Recent developments: on 4 August 2023 the Cabinet of Ministers of Ukraine adopted Decree №820 regulating the procedure for the registration of place of residence in the areas experiencing active hostilities or Non-Government Controlled Areas (NGCA). A child can be registered at the request of one of the parents who the child lives with.

The amendments provided possibilities for persons from NGCA to declare/register their place of residence without deregistering their previous place of residence.

To register the child on NGCA following documents may be requested:

• document confirming the right to live in housing located in NGCA or information from the State Register of Real Property Rights to Immovable Property about such housing, or
• information on the address of the declared/registered place of residence of one of the parents.

Registry of the person's place of residence in the NGCA shall be done free of charge.

4.The Cabinet Facilitates Provision of Housing Assistance to IDP Families

On 31 July 2023 the Cabinet of Ministers of Ukraine approved Decree №789 facilitating provision of the assistance to IDPs` families. According to the amendments, application can be made by an authorized member of the family for all. Previously, IDPs had to apply for payments individually. The payments now will be allocated to the entire IDP family at once.

Starting from 1 November 2023, the assistance:

• will be granted for six months
• starts with the month of application, regardless of the date of such application
• calculated based on family composition
• entire amount of assistance is transferred to the bank account of the authorised family member.

The amount of financial assistance remains unchanged:

• for persons with disabilities and children - UAH 3000;
• for other persons - UAH 2000.

For the purpose of the calculations, the notion of family includes the following members:

• husband, wife, children, foster children;
• children with disabilities after they reach the age of 18, persons with disabilities from childhood of groups I and II or persons with disabilities of group I who live with their parents; disabled parents of a husband and wife who live with them and are dependent on them due to lack of their own income;
• a person who lives with and cares for a single person with a group I disability;
• a woman and a man who are not married but live as a family and have common children, and/or persons who have established in court the fact of living as a family.

NB: Assistance to IDPs is not granted if, as of the date of application, such a person has been abroad for more than 30 consecutive calendar days.

5.Employers are Eligible to Recover Costs Incurred in Arranging Workplaces for Persons with Disabilities

On 22 August 2023, the Cabinet of Ministers adopted Decree №893 allowing employers to claim compensation for the cost incurred in arranging workplaces for employed persons with disabilities.

Compensation shall be paid for costs actually incurred and shall not exceed:

• for persons with disabilities of group I¹ – 15 times the minimum wage²
• for persons with disabilities of group II – 10 times the minimum wage

To receive compensation, the employer should submit an application to the employment centre at the place of its business activity. The application shall be submitted within 90 calendar days from the date of employment of the person with a disability.

The application may be submitted:

• in paper form - in person at the employment centre; or
• in electronic form:
• via the official website of the State Employment Centre (if technically possible);
• by means of electronic communications by sending an application with an electronic signature based on a qualified electronic signature certificate to the official e-mail address of the relevant employment centre;
• via Diia Portal (if technically possible).

Please, note, that for submitting documents in electronic form, each of the documents (its copies or photocopies) shall be signed electronically.

6.Provision of One-time Assistance to Persons Directly Affected by the Destruction of the Kakhovka Dam was Prolonged Till the End of October

Background: The Kakhovka dam's destruction on 6 June 2023 led to the flooding of the downstream settlements, prompting an urgent need for evacuation and humanitarian assistance.³

The Cabinet of Ministers of Ukraine adopted several frameworks in order to address the consequences of the destruction of the Kakhovka dam. One such measure was the adoption of Decree №626 elaborating the Procedure for granting one-time financial aid to the affected persons.⁴

Initially, the timeframe for application was established as 31 August 2023 (inclusive).

Recent developments: On 8 August 2023 the Cabinet of Ministers adopted Decree №825 giving two months extension for claiming the one-time financial aid. The new deadline for submission of the application for financial aid is 31 October 2023 (inclusive).

¹ There are 3 groups of disability for adults. Group I include persons with the most severe health conditions who are incapable of self-care and require constant outside supervision, care or assistance. Group II includes persons with persistent, severe functional disorders but with ability to take care of themselves. Group III includes persons with persistent functional disorders but with ability to work, still being in need of social assistance and protection.

² UAH 6,700 as of 1 January 2023

³ For more information, please, see OCHA Ukraine humanitarian response, flash update #8

⁴ For more information, please, see DRC Legal Alert, Issue 95

7.The Cabinet Approved Provision of One-Time Payment to Persons Who Lost Harvest Due to the Destruction of the Kakhovska Dam

Background: Nearly 700 000 people living without proper access to drinking water on both GCA and NGCA as a consequence of the Kakhovka dam's destruction on 6 June 2023. Nearly 600,000 hectares of agricultural land remains without irrigation facility.⁵

Recent developments: On 4 August 2023 the Cabinet of Ministers adopted Decree №807 establishing one-time compensation to persons who lost harvest due to the consequences of Kakhovska Dam destruction.

8.Pensioners from NGCA Allowed to Renew Pension Payroll Remotely

Background: According to the Law “On Compulsory State Pension Insurance”, payment of pension is terminated upon 6 months of not receiving it by the recipient. After 24^th of February 2022, many pensioners in the Eastern oblasts lost access to the banks where they used to draw their pensions. This led directly to the multiple cases of termination of payments for pensioners from NGCA when 6-months period expired (after 1 August 2022).

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

On 26 February 2022 the Cabinet made a step forward to resolving the issue through Resolution №162. The Resolution established additional option to receive pensions in cash through the State bank Oschadbank and State post office of Ukrposhta. But it was possible only within GCA.

Recent developments: On 4 August 2023 the Cabinet of Ministers of Ukraine adopted Decree №806 complementing Art.4 of the Resolution № 162. The amendments made it possible for pensioners to sign application for the renovation of payments remotely via Diia services.

Other Developments

1. The Cabinet Approves Allocation in Amount of UAH 1.3 million for Provision of One-time Assistance to Volunteer`s Family if Death Happened While Providing Volunteer Assistance (Order №748-p of 25 August 2023)
2. The Procedure of Monitoring Provisions of Social Assistance and Services is Improved (Decree №873 of 19 August 2023)
3. Service “eMaliatko” Successfully Completed the Pilot Phase and is Fully Enforced (Decree №853 of 11 August 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.