Exemption of condominiums in uncontrolled territories from penalties for utilities: new order from the government

1.The Cabinet Enacts Procedure on Exemption from Fines for Non-Payment of Utility Bills by Households in NGCA

On 31 January of 2023 the Cabinet adopted Decree №88, approving Procedure under which households can receive exemption from fines for non-payment of utility bills in NGCA. The relief can be received during the period of the Martial Law and six months after its termination or suspension.

¹Law 1207-VII ‘On Ensuring Civil Rights and Freedoms, and the Legal Regime on the Temporarily Occupied Territory of Ukraine’ and the List of territorial hromadas located in the area ofhostilities or NGCA.

Recent developments: On 12 January 2023, the Parliament adopted Law №2864-IX expanding the eligibility criteria. From now on such persons may get the legal status of a person with disability as a consequence of war if they were injured starting from 24 February 2022 in any conflict-affected territory of Ukraine, not limited to Donetsk and Luhansk oblasts.

3.Funds Collected from Expropriated Properties to be Used for IDP Housing, Among Other Purposes

Background: On 19 October 2022, the Parliament adopted Law №2700-IX establishing a ‘Restoration Fund for Liquidation of Consequences of War’ using property expropriated from the Russian Federation and its residents³.

Recent developments: On 10 February 2023, the Cabinet adopted Decree №118, establishing the Procedure for the use of money from the Fund. The Procedure allows use of the fund for IDP housing including:

• construction, repair, or refurbishment of residential property for temporary housing of IDPs and persons who lost their housing as a consequence of war

² OHCHR: Ukraine: civilian casualty update 12 February 2023.

³ For more information, please see DRC Legal Alert Issue 86, Item 9.

Applications for the allocation of the money will be submitted by the corresponding State oblast` administrations and Kyiv State City Administration to the assigned Ministries. The money will be allocated upon the decision of the Cabinet. Separately, on 10 February 2023, the Cabinet adopted Decree №125, establishing the procedure for the sale of property appropriated from the Russian Federation and its residents. The sale shall be carried out in accordance with the Procedure for Conducting Electronic Auctions.

4.The Cabinet Establishes Interdepartmental Working Group on Humanitarian Demining

On 14 February 2023, the Cabinet adopted Decree №136 establishing an Interdepartmental Working Group on Humanitarian Demining as the Cabinet`s consultative and advisory organ. The primary responsibilities of the working group are the following:

• Coordination and monitoring of demining activities of the executive authorities
• Drafting of proposals and legislation on demining policy
• Analysis of the results, problems and issues connected with the implementation of demining activities.

The Working Group is led by the First Deputy Prime Minister of Ukraine - Minister of Economy and is managed by the Ministry of Economy.

5.The Cabinet Amends the List of Charity Activities Exempted From Taxation

On 10 February 2023, the Cabinet adopted Decree №121, expanding the list of charitable assistance exempted from personal income tax. The list includes the following charity activities:

• procurement of goods/services necessary for the restoration of damaged or destroyed residential or commercial property, inter alia, development of technical documentation, technical supervision etc.
• provision of means of unimpeded access to residential buildings and premises for persons with disabilities and other low-mobility groups
• provision of other social services in accordance with the Classification of Social Services such as mediation, consultation, caretaking, and other social services.

6.The Cabinet Adopts Procedure on the Use of Money for Social Support for Persons with Disabilities Including for IDPs

On 4 February 2023, the Cabinet introduced Decree №120, establishing the Procedure for the use of money for social support for persons with disabilities.

7.The Cabinet Decides to Recognize Documents Issued by Foreign Authorities During the Martial Law and Six Months After Its Suspension or Termination

On 4 February 2023, the Cabinet introduced Decree №107, recognizing documents issued by Foreign Authorities for

the period of the Martial Law and 6 months after Its suspension or termination. Such documents will be accepted in Ukraine without legalization in case such documents were accepted in Ukraine without special certification as of 24 February 2022.

The Decree also establishes that the following categories of persons may re-apply for a temporary residence permit within 30 days from the date of entry into force of the Decree:

• foreigners and stateless persons who arrived in Ukraine for the purpose of family reunification, employment or conclusion of a gig-contract⁵
• persons whose temporary residence permit expired between 27 December 2022 and the date of entry into force of this Decree (9 February 2023), and
• persons whose application documents were not accepted due to the absence of the apostille.

8.The Cabinet Clarifies Rules on Border Crossing for Women and Men with Children Serving in the State Authorities During the Martial Law

Under the existing framework (Decree №57 of 27 January 1995) crossing of borders by State employees during the Martial Law is limited to business trips approved by the revenant authorities. On 7 February 2023 the Cabinet adopted Decree №119, providing additional grounds for border crossing for State employees with minor children.

⁵ The gig-contract is an agreement for IT-specialists combining freelance features and social guarantees for IT-workers. For more information, please, see DRC Legal Alert Issue 89, Item 5.

9.The Cabinet Opens a New Railway Crossing Point at the Border with Moldova

On 14 February 2023, the Cabinet adopted Decree №147-р establishing a new temporary international railway border crossing point ‘Berezyne’ between Ukraine and Moldova. The station located in Berezyne will be designated for rail freight service. The station will operate 24/7 during the Martial Law and 90 days after its termination or suspension.

Other Developments

1. Parliament Ratifies EU4Health Agreement Giving Access to EU Funds Aimed at Financing Projects for the Improvement of the Healthcare System (Law №2853-IX of 12 January 2023).
2. The Parliament Extends the Martial Law and Mobilization up till 20 May 2023 (Law №2916-IX of 7 February 2023 and Law №2915-IX of 7 February 2023).
3. Ukraine Will Provide Humanitarian Aid to Turkey (Presidential Decree №61/2023 of 7 February 2023).
4. The Cabinet Allows Polish Citizens to Get a Credit for Professional Pre-High and Higher Education (Decree №100 of 4 February 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.