Developments and changes in mine action in Ukraine: legislative initiatives and structural reforms

Background:

In December 2018, the Ukrainian Parliament enacted the Law of Ukraine on Mine Action, which established the foundational framework for the Mine Action sector and foresaw the establishment of special governmental institutions such as the Mine Action Centre (MAC) and Centre of Humanitarian Demining (CHD) to lead the national mine action response.

Building on this legislative foundation, the Cabinet of Ministers of Ukraine also took a significant step in November 2021 by issuing a Decree that formalized the creation of the National Mine Action Authority (NMAA).

During a special period, including martial law, the NMAA is placed under the leadership of the Minister of Defence of Ukraine. As Ukraine works towards the restoration of its territorial integrity within internationally recognized borders, a transitional arrangement will see the NMAA's leadership transition to the Minister of Internal Affairs of Ukraine as per the norms of the Law of Ukraine on Mine Action. This decision is to be made by the Cabinet of Ministers of Ukraine.

• Transferring Coordination Role from Ministry of Reintegration of TOT to Ministry of Economy: On April 21, 2023, the Cabinet via Decree No. 366, delegated the authority for coordinating the implementation of humanitarian demining state policy to the First Vice Prime Minister of Ukraine - Minister of Economy. Previously, this authority rested with the Vice Prime Minister of Ukraine - the Minister for Reintegration of Temporarily Occupied Territories of Ukraine.
• Expanding NMAA membership: On June 9, 2023, Cabinet Decree No. 505-p was enacted, implementing changes to the composition of the National Mine Action Authority (NMAA) and incorporating the Deputy Minister of Economy into the NMAA's membership.
• Establishing the Centre of Humanitarian Demining: On April 7, 2023, the "Centre of Humanitarian Demining" was established through Cabinet Resolution No. 303-p based on the recommendation of the State Emergency Service of Ukraine.
• Transfer Management On April 21, 2023, the Cabinet issued a resolution № 358-р transferring the institution 'Center of Humanitarian Demining' from the management of the State Emergency Service to the management of the Economic and Financial Department of the Secretariat of the Cabinet of Ministers of Ukraine.
• By-laws on CHD developed: Subsequently, on May 22, 2023, the Economic and Financial Department of the Secretariat of the Cabinet of Ministers of Ukraine approved the Regulations of the Centre of Humanitarian Demining and the Regulations of the Supervisory Board of the Centre of Humanitarian Demining through Orders No. 42 and No. 43, respectively.

This Legal Alert is produced thanks to the financial support of the Office of Weapons Removal and Abatement in the U.S. State Department's Bureau of Political-Military Affairs (WRA), the Ministry for Foreign Affairs of Finland, as well as the Ministry for Foreign Affairs of the Netherlands. Some terms used in this document are taken from current legislation and do not necessarily reflect the position of the Danish Refugee Council (DRC).

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