Regulatory and legal changes regarding temporary residence of IDPs, access to legal aid and other initiatives in Ukraine

1.The Cabinet Elaborates Requirements for Places of Temporary Accommodation for IDPs

On 1 September 2023, the Cabinet of Ministers of Ukraine adopted Decree №930 establishing a Procedure for the functioning of temporary accommodation (collective centre) for Internally Displaced Persons (IDPs). The Procedure is the first legal act of its kind that determines:

• mechanism for the creation and registration of temporary accommodation for IDPs
• the minimum standard of living for IDPs.

2.The Cabinet Amends the Procedure for Compensation of Expenses for Temporary Accommodation of IDPs

Background: On 19 March 2022, the Cabinet of Ministers enacted Decree № 333, providing an opportunity for the households accommodating IDPs to get reimbursement for accommodation related expenses.¹ The procedure was quite generic, which led to ambiguities and conflicts in the application of the law.

Recent developments: On 1 September 2023, the Cabinet adopted Decree №936 amending the Procedure for Compensation. The amendment pertains to conducting inspections and removal of some conflicting aspects.

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

3.The Ministry of Justice Adopted Procedure on e-Application for Free Legal Aid

Background: On 10 April 2023 the Parliament adopted Law №3022-IX adjusting access to free legal aid. Among other changes, the amendment created the possibility of submitting electronic applications for free legal aid.²

Recent developments: On 18 August 2023, the Ministry ьof Justice issued Order №2994/5 establishing the Procedure for submitting an electronic application for free secondary legal aid (FSLA). This amendment is of particular importance for persons who had limited access to FSLA, for example, for residents of the Non-Government-Controlled Area (NGCA), Ukrainians abroad and people with disabilities.

Steps to submit e-application:

² For more information, please, see DRC Legal Alert, Issue 94

³ Electronic signature or Qualified Electronic Signature (QES) is used for signing electronic documents or getting access to State Services and can be obtained both online and in-person. Offline e-signatures are provided, among others, by the State Tax Service. Getting e- signature online is even more convenient, for example, through DIIA app.

⁴ This data shall be provided strictly in accordance with the list, provided in the art. 14 of the Law “On Free Legal Aid”. The fact of being eligible to certain category shall be confirmed by relevant document. The document also shall be signed and send together with application.

4.Diia App Will Reflect Data from the State Register of Civil Status Acts

Background: The Diia app was launched at the end of 2019 as an app for easier access to State Services. In the following years, it has gradually increased the stock of data and services provided. In 2020 Diia app launched the option for parents to upload their children`s birth certificates.

Recent developments: On 8 September 2023 the Cabinet of Ministers of Ukraine adopted Decree №961 expanding the list of services provided by the Diia app to facilitate the process of renovation of documents and access to relevant services.

In particular, it becomes possible to generate an e-version of the record contained in the Register of Civil Status Acts by means of the Diia Portal. When the document is formed it becomes accessible at the Diia app. The e-document is formed together with a unique electronic identifier (QR code, barcode, digital code) and cannot be used without it.

Documents that become available to be formed through Diia:

1. childbirth certificate⁵
2. marriage certificate
3. certificate of divorce
4. certificate on change of name.

⁵ Previously it was possible to upload the Certificate, emitted in paper, but now the document may be formed fully in digital.

E-versions have the same legal force as a paper one and can be used separately. The electronic version will be generated:

• free of charge
• at the request of an individual who has reached the age of 14 in relation to a vital record drawn up in respect of him/her (please, note, as before, the childbirth certificate also can be generated at the request of the father or mother)
• service is available only with respect to data contained in the Register and identified using a personal number of the taxpayers of the person in respect of whom it was drawn up.

5.Relevant Line Ministries Agree on Model Plan for the Return of Children and Persons Evacuated from Boarding Institutions

Background: As of 24 February 2022, 37 baby homes provided care to orphans and children

deprived of parental care. By December 2022, due to constant shelling, children from 22 baby homes were evacuated to safer places in Ukraine or abroad. In response to this, on 1 June 2023, the Cabinet adopted Decree №546 establishing a Procedure for evacuation and return of children placed in boarding institutions.⁶

Recent developments: On 9 August 2023 the Ministry of Social Policy of Ukraine, the Ministry of Reintegration of Ukraine and the Ministry of Internal Affairs of Ukraine signed a joint Order №274-H/215/651 adopting a model Plan for the return of the children.

The Model Plan shall be drawn up at the Oblast level when a decision on the expediency of returning the children is made. Relevant Oblast administrations shall identify the responsible executors and the timeframe for implementation of the Plan.

A Model Act on the condition and safety of the institution's buildings and living conditions is also prescribed by the joint Order.

Other developments

1. Terms of application for one-time assistance to persons, who lost harvest due to the destruction of the Kakhovka dam, were additionally prolonged till the end of autumn (Decree №980 of 12 September 2023)⁷
2. The Cabinet agreed on increasing funding for the provision of still water to Dnipropetrovsk, Zaporizhzhia, Kherson and Mykolaiv oblasts. Previously these oblasts used to rely on water supply from the Kakhovka water reservoir (Order №794-p of 12 September 2023)
3. The Cabinet Accepts $150 million grant from the multi-donor trust fund for the implementation of the Housing Repair for People's Empowerment Project (HOPE) (Order №864-p of 29 September 2023)

⁶ For more information, please, see DRC Legal Alert, Issue 95

⁷ For more information, please, see DRC Legal Alert, issue 97

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.