DRC Ukraine Legal Alert: Issue 89 | 1 January – 31 January 2023

1.The Government Removes Obstacles for Conscription Exemption for Humanitarian Workers

Background: In March 2022, the government introduced a Decree under which, humanitarian organizations, among others, could seek conscription exemption for their employees¹. The Decree did not help humanitarian workers to secure conscription exemption for two main reasons. First, the ground for exemption (crucial for the economy and needs of the population) was not well-defined to include humanitarian operation. Secondly, the application procedure for humanitarian organization was unclear. A State agency had to apply for the exemption on behalf of the humanitarian organization. Both obstacles are now removed.

Recent Development: On 27 January 2023 the Cabinet adopted Decree №76 approving:

• the Procedure for temporary exemption of persons liable for military service
• the Procedure and criteria for determining legal entities that are crucial for the economy and those ensuring the vital needs of the population during the special period.

The Decree applies to all types of organizations and individuals. The analysis provided below relates only to humanitarian organizations and workers.

Accordingly to the Decree, Specialized UN agencies, foreign diplomatic missions in Ukraine, representative offices of donor agencies, implementers of international technical assistance projects, representative offices of international organizations, international and Ukrainian NGOs implementing humanitarian projects funded by international partners are determined as enterprises crucial for the functioning of the economy and ensuring the vital needs of the population during the special period. Such legal entities shall apply for the exemption to the Secretariat of the Cabinet of Ministers or to the Ministry of Foreign Affairs.

Organization can seek the exemption of up to 50% of the total number of military liable employees in its payroll. Special justification will be needed if an organization seeks exemption of more than 50% of the military liable employees. Organizations receiving exemption for their employees are required to submit a quarterly report on the number of exempted employees. Reports shall be submitted to the relevant institutions responsible for temporary exemption.

¹ For more information, please see DRC Legal Alert Issue 76.

2. Ukrainian Diplomatic Missions Abroad Given the Power to Register Acts of Civil Status During the Martial Law

On 24 January 2023, the Cabinet adopted Decree №66 vesting foreign diplomatic offices of Ukraine with certain power in the field of registration of civil status acts (the list of offices will be defined by the Ministry of Foreign Affairs). The powers include:

• carry out State registration of civil status acts
• amend records in the State Register of Civil StatusActs
• issue extracts from the Register.

The Power is valid during the Martial Law and until the entry into force of a Special Law on the State Registration of Civil Status Acts by Foreign Diplomatic Offices of Ukraine.

3.Certain Child Protection Entitlements Can be Accessed Online Through DiiA Portal

On 6 January 2023, the Cabinet adopted Decree №11 expanding the list of state assistances for families with children that can be applied r online through the Diia portal. Application for an appointment can be submitted via the Diia Portal for the following entitlements:

5. The Cabinet Introduces New Application Forms for Work Permits for Foreigners and Stateless Persons

On 24 January 2023, the Cabinet adopted Decree №68 introducing a series of new forms for work permits for foreigners and stateless persons. The Decree introduces the following standard forms:

• Permission to employ foreigners and stateless persons
• Application for work permit
• Application to amend work permit
• Application to extend work permit

The Decree additionally establishes that the residents of Diia-City² may receive services provided by gig specialists³ from among foreigners and stateless persons without work permit.

6.The Cabinet Restricts Border Crossing for Officials and MPs During the Martial Law

On 27 January 2023 the Cabinet introduced Decree №69 restricting border crossing for Members of the Parliament (MPs), deputies of local councils, judges, prosecutors, civil servants, employees reserved for the relevant

State bodies, management of the State enterprises and other categories of State officials during the Martial Law. The beforementioned persons may leave Ukraine only in the following cases:

• official business trips
• accompanying or visiting of children under the age of 18 (inclusive) abroad by a woman and/or a man who is a single parent
• medical treatment abroad (upon the approval of the Minister of Health)
• death of a close family member of a person (i.e., parent, spouse, child, sibling, etc.) (upon a decision of the Head of the State Border Guard Service).

7.The Cabinet Adopts Rules on Issuing Certificate of a Person Detained or Interned as a Consequence of the War in Ukraine

On 20 January 2023, the Cabinet adopted Decree №55 establishing rules on issuing Certificate of a Person Detained or Interned as Consequence of War. There are two types of the Certificates, namely for Ukrainians and for foreigners or stateless persons.

In order to get the Certificate, a person should file an application in a free form (written or electronic) to the Ministry of Defense or another executive body, which manages the military formations. The application may also be submitted by the legal representative or a member of the family.

8.The Cabinet Allocates Resources for Restoration of Damaged Multi-Apartment Buildings in Kyiv Oblast`

On 10 January 2023, the Cabinet adopted Decree №20-р allocating more than 465 million UAH for the restoration of damaged multi-apartment housing in Kyiv oblast`. The Decree provides the following terms:

• the restoration works must be completed by 30 December 2023
• the funds will be disbursed to the Kyiv Oblast` State Administration
• the Kyiv Oblast` State Administration will coordinate the activities and submit weekly reports to the Ministry of Communities and Territories Development.

9.The Government Opens New Temporary Railway Border Crossing Point at the Rakhiv Railway Station in Ukraine-Romania Border

On 3 January 2023, the Cabinet adopted Decree №3-р establishing a new temporary railway border crossing point between Ukraine and Romania. The station located in Rakhiv will be designated for railway passenger service.

The station will work 24/7 during the Martial Law and 90 days after its

termination or suspension.

Other Developments

1. The President Extends Visa-Free Regime for UK Citizens till 30 January 2024 (Decree №1/2023 of 2 January 2023).
2. The Cabinet Launches Experimental Project on Exchange of Glow Bulbs to LED Bulbs in Order to Reduce the Consumption of Electric Energy (Decree №25 of 10 January 2023).
3. The Cabinet Increases the Compensation Rate for Employers Hiring IDPs from 6500 UAH to 6700 UAH (Decree №33 of 10 January 2023).
4. The Cabinet Allows National Passports and Certificates of Return to be sent Abroad via Registered International Mail During the Martial Law and Quarantine (Until the Last Day of the Month When the
5. Quarantine Period Is Suspended) (Decree №41 of 18 January 2023). The Cabinet Grants the Right to Polish Citizens to Receive State Social Support for Persons Not Eligible for Pension, State Social Support for Persons with Disabilities and State Social Support for Nursing (Decree №54 of 20 January 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.