At least eleven draft laws have been submitted to the Verkhovna Rada of Ukraine that provide for amendments to the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons.” We, the representatives of human rights NGOs, believe that these draft laws
- are not consistent with the already implemented state policy on internal displacement
- have no financial justification;
- may lead to an artificial increase in the number of IDPs and aggravation of difficult life circumstances of vulnerable groups;
- provide for targeted changes as a response to urgent problems, including in the provision of housing assistance;
- have already been regulated by bylaws.
We emphasize that instead of uncoordinated and duplicative changes to existing laws, we need a single document that would provide comprehensive responses to the challenges of internal displacement. Such a document is the draft Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons”. This draft law needs to be registered and supported by the Verkhovna Rada of Ukraine.
Below are the key points and warnings from human rights defenders on each draft law:
7507 – proposes to exempt IDPs from paying for housing and communal services in places of temporary residence for the period of martial law and to cancel restrictions on the duration of accommodation. The government should provide for a procedure for providing compensation for housing and communal services to owners (balance holders) of property used for compact settlement of IDPs. However, the issues proposed to be regulated by the draft law have already been settled at the level of government resolutions.
8020 – proposes to grant IDPs the right to free travel throughout Ukraine by all types of public passenger transport for the period of martial law. Local executive authorities and local self-government bodies are responsible for ensuring this right. At the same time, the draft law did not propose options for providing reimbursement to carriers and local governments. It is stated that its implementation does not require additional costs, which is not true.
No. 9653 proposes to establish the purpose of the accommodation allowance, define the categories of recipients and the individual fixed amount of the allowance per person, the procedure for its appointment and the grounds for termination. The fixed amount does not take into account inflationary processes. Also, the sources of funding are uncertain, which, in the absence of them, may lead to an increase in the number of court proceedings due to the inability of the state to fulfill its obligations.
10017 – proposes to define that insurance payments will be made to IDPs from the temporarily occupied territories (hereinafter – TOT) if they have the necessary documents confirming the right to such payments. In the absence of such documents, they will be paid on the basis of data obtained from various databases and registers in the minimum amount (set by the Pension Fund of Ukraine). The recalculation will be carried out upon receipt of the documents. Contains duplication of existing laws and inconsistencies. The changes apply to a limited group of IDPs.
10059 – provides for instructing the Government to adopt a state target program for socialization and integration of IDPs. Such a program must include measures for the social adaptation of IDPs and their integration (in the social, housing, educational, employment and healthcare sectors, etc.) The proposed changes are already envisaged in the current Strategy of State Policy on Internal Displacement for the period up to 2025.
10235 – proposes to empower local governments to transfer ownership of ownerless real estate suitable for IDPs. The implementation of such an initiative needs to be finalized in accordance with the current legislation of Ukraine, in particular the provisions of the Civil Code of Ukraine.
No. 10382 – proposes to set the minimum amount of the accommodation allowance at UAH 3,000 for persons with disabilities and children and UAH 2,000 for other persons; to set the term of receiving the accommodation allowance during martial law or until the needs are met; to establish an exclusive list of grounds for not assigning or terminating the payment of the allowance.
10405 – proposes to include IDPs in the category of employees who have a preferential right to stay at work in case of redundancy due to changes in the organization of production and labor; to exempt IDPs from paying customs duties and fees for the provision of administrative services for issuing a passport of a citizen of Ukraine in case of loss (damage); to exempt IDPs from the administrative fee for declaring/registering their place of residence. The amendments are of a point nature and will not significantly improve the situation of IDPs.
11028 – provides for the priority right to receive compensation for destroyed real estate to IDPs who: have reached the retirement age; have a dependent child under the age of 6; have two minor children; have a dependent child with a disability; are raising a child under the age of 14 without one of their spouses; are persons with a disability of group III. The draft law duplicates the existing ones.
11070 – proposes to authorize the Government to establish preferential terms for calculating rent for state property for certain categories of tenants during martial law and 36 months after its termination. The preferential terms apply to the payment of rent for immovable state property, including for the arrangement of dormitories for temporary residence of IDPs whose housing was destroyed and/or located in the occupied territorial communities and/or territorial communities where hostilities are taking place. These amendments are pointed and will only partially improve the situation of IDPs without developing comprehensive solutions.
11112 – proposes to grant IDPs the right to formulate their needs in a personal account in the Unified Information Database on Internally Displaced Persons, to secure the right of IDPs to receive compensation for damaged or destroyed real estate, and much more. The government has already made the relevant decisions and the difficulties lie in the implementation of the adopted norms, their financing and improvement of the conditions of the programs.