New government initiatives and legislative changes: rules of operation of “Points of Unbreakability” and social guarantees

1. The Government Introduces Invincibility Points

On 17 December 2022 the Cabinet adopted Decree №1401 introducing a new service called Invincibility Points. The Decree defines Invincibility Points as designated buildings, tents or vehicle which provide temporary shelter to people along with all essential services necessary for the preservation of life, health and normal operation of life. The Decree envisages that Invincibility Points will operate in case of emergencies or threat of disruption of centralized water, electricity, gas and heating supply during the period of the Martial law.

• furniture
• stocks of water
• food and sets of disposable tableware
• personal hygiene products

Official list of Invincible Points is available on the Cabinet`s web-site (http://nezlamnist.gov.ua).

The Decree directs the Ministries and local State Administrations to ensure the performance of the necessary tasks and measures. It also recommends local self-government bodies and business enterprises to ensure the functioning of the Invincibility Points.

Subsequently, on 20 December 2022 the Cabinet established The Coordination Headquarters through Decree №1418. The Coordination Headquarters is a temporary advisory body of the Cabinet and is established to facilitate the coordination of the activities on the deployment and organization of the Invincibility Points.

2.Parliament Amends Law to Relieve Borrowers from Obligations Under Certain Loans in Cases Where the Subject Matter Property is Damaged or Destroyed

On 1 December 2022, the Parliament introduced Law №2823-IX amending a number of laws to relieve borrowers from obligations under certain loans. The remedy depends on the location of a property. Debt cancelation applies for both movable and immovable property destroyed within Government-Controlled Area (GCA). For property located in NGCA, the remedy is suspension of the payment applicable only for immovable property. The table below provides a general overview of the relief:

3. Cabinet Maintains Status Quo With Regards to IDP Assistance for January 2023 by Delaying an Amendments to IDP Subsistence Aid by one Month

In the beginning of December 2022, the Cabinet adopted a Decree pursuant to which subsistence aid to a certain group of internally displaced persons (IDPs) was supposed to be discontinued starting from 1^st of January 2023. On 30 December 2022 the Cabinet adopted Decree №1481 which postponed the effective date of the previous Decree by a month. By implication of the two Decrees, IDP subsistence aid will be paid in accordance with the following table:

From 1 February 2023, if the List of territorial hromadas located in the area of hostilities or NGCA is expanded, persons who become IDPs from such territories are eligible for financial assistance from the 1st day of the subsequent month.

4.Cabinet Extends Validity Period of Certificates of Persons with Disabilities as a Consequence of War

On 16 December 2022, the Cabinet adopted Decree №1390 extending the validity period of Certificates of Persons with Disabilities as a consequence of war for the period of the Martial law and six months after its suspension or termination. These provisions are applicable to persons with disabilities as a consequence of war who had to go through repeated examination by the medical and social expert commission but were unable to do so because of the Martial Law.

The Decree provides that such persons neither have to apply to the local departments of social protection, nor update the pages in the Certificate. The provisions apply retroactively starting from 24 February 2022.

5. Cabinet adopts Joint Project with ICRC on Financial Assistance to Persons with Disabilities as the Consequence of War

On 16 December 2022, the Cabinet adopted Decree №1393 laying the framework for a joint project with ICRC on financial assistance to persons with disabilities as the consequence of war.

Eligibility: Adult citizens of Ukraine (over 18 y.o.), who have been granted the status of a person with disability as the consequence of war of I or II group and information about whom is entered in the Unified State Register of War Veterans.

Payment amount: Tax-free monthly payment of 4,000 UAH to the applicant’s bank account. Assistance is provided regardless of the receipt of other types of assistances.

Duration: Payments will be made for the period of four months. The Decree does not specify if the payment will be continued beyond the initial four months.

Appeal procedure: If the application has been unsuccessful, the applicant may apply again. He/she may submit no more than one application in a day.

Application Procedure:

1. The applicant has to apply by filling out a form, using the “e-Veteran” website (https://eveteran.gov.ua) after passing the electronic identification with his/her electronic signature
2. Application must include identity information, documents proving the status of a person with disability as the consequence of war and an IBAN-number of the bank account
3. After the verification of the applicant’s status in the Register, the applicant's impersonal data is automatically transferred to ICRC
4. ICRC will consider the application and decide on the allocation and subsequent payment of monetary assistance.

6.Cabinet Eases the Process for Establishing Disability Caused by Explosive Objects

Background: In accordance with the Decree №1020 of 29 September 2021, connection between disability and the injuries caused by explosive objects is to be established on the basis of conclusion of the medical and advisory commission of the health care institution (for children under 18 years) or on the basis of the conclusion of the medical and social expert commission (for persons over 18 years).

Recent Development: On 2 December 2022, the Cabinet adopted Decree №1356 under which such disability can be established on the basis of an extract from the Unified Register of Pre-Trial Investigations.

7. Cabinet Extends Protection Against Home or Gender Based Violence to IDPs, Foreigners and Stateless Persons

On 9 December 2022, the Cabinet adopted Decree №1372 extending protection against home and gender-based violence to IDPs, foreigners and stateless persons. The Decree amended relevant provisions of the following existing regulations to ensure the new groups’ access to the protection:

• Regulation on the mobile crew of social and psychological assistance
• Regulation on the shelter for victims
• Regulation on the day centre for social and psychological assistance
• Regulation on the specialized service of primary social and psychological counselling.

8.UNICEF Launches Joint Project with the Government to Finance Certain Secondary Schools

On 6 December 2022, the Cabinet adopted Decree №1386 introducing the framework for a joint project with UNICEF on financial assistance to certain secondary educational institutions.

Eligibility: Schools eligible for the assistance are listed in the Appendix to the Decree.

Payment amount: One-time cash grant of 2,000 USD will be provided to the eligible institutions regardless of their receipt of other types of assistance.

Eligible Purposes of the Spending:

• maintenance of school canteens and their infrastructure
• purchase of equipment.

9. Parliament Adopts Law Aimed at Mutual Recognition of Documents Signed with Digital Signatures in EU and Ukraine

On 1 December 2022, the Parliament adopted Law №2801-IX amending some legislation aimed at acceleration of Ukraine's integration into the Single Digital Market of the European Union. The Law will bring provisions of national legislation as close as possible to European requirements in the areas of electronic identification and electronic trust services.

Temporarily, until the mutual recognition of electronic trust services between Ukraine and EU, documents, signed with the use of the digital signatures in EU, are recognized on the territory of Ukraine.

10.Parliament Clarifies Rules on Restoration of Lost Criminal Procedural Documents

On 16 November 2022, the Parliament adopted Law №2751-IX providing the procedure for the restoration of lost criminal proceeding documents during the Martial Law.

The following categories of materials are subject to restoration:

• materials of a criminal proceeding, in which the preparatory court session did not take place
• the court proceedings have been started, but the court's decision based on the results of its proceedings has not been adopted
• the court made a decision, but it did not become effective.

The restoration will be made upon the submission of a Petition by any of the following:

• prosecutor
• investigator
• the defendant party
• the victim
• on the court's own initiative.

Other Developments

1. Cabinet Guarantees IDP Medical Workers Priority in Employment at Health Care Facilities at Newly Accessible Areas (Decree №1219 of 30 December 2022).

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.