The Ukrainian Center for Independent Political Research (UCIPR) has analyzed Draft Law №13071 "On Amendments to the Law of Ukraine 'On the Legal Status of Foreigners and Stateless Persons' regarding the abolition of visa requirements for foreigners and stateless persons who are humanitarian workers and volunteers during the period of martial law."
According to executive authorities, since February 24, 2022, thousands of foreign citizens have arrived in Ukraine to participate in humanitarian response, international organizational activities, volunteer programs, and support for the civilian population. At the same time, the current version of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" requires a long-term visa to obtain a temporary residence permit. During the war period, this created additional administrative barriers for the humanitarian sector.
The bill aims to simplify the regulatory framework for the entry and stay of foreigners and stateless persons performing humanitarian and volunteer activities in Ukraine during martial law.
The document proposes that for the duration of martial law and for six months after its termination, the requirement for a long-term visa will not apply to specific categories of persons.
These include, in particular:
- Employees of verified humanitarian organizations working in branches and representative offices of legal entities that hold the status of verified humanitarian organizations in accordance with the law;
- Participants in international and regional volunteer programs, provided that the inviting organizations are included in the official list of the central executive body in the field of volunteer activity.
If adopted, the law will enter into force three months after its publication (except for certain provisions). The Cabinet of Ministers must bring the bylaws into compliance within 3 months. According to the developers, implementing the bill does not require additional state budget expenditures.
Overall, the version prepared for the second reading is more balanced. Integrating the provision into the "Final and Transitional Provisions" section ensures its temporary nature and maintains the systemic integrity of the law.
At the same time, the document does not contain direct regulations regarding employment permits. There may also be difficulties confirming the status of a humanitarian or volunteer organization, as well as complexities in inter-agency coordination among the State Migration Service (SMS), the Ministry of Internal Affairs (MIA), the State Border Guard Service (SBGS), and the Ministry of Social Policy.
The practical effectiveness of these innovations will depend on the consistency of bylaws and the administrative practice of their application.
Draft Law №13071, in its version for the second reading, establishes the legal prerequisites for the development of international humanitarian cooperation under martial law, while maintaining state control mechanisms and security safeguards. For the civil sector, this could mean simplified procedures for attracting foreign specialists and volunteers.
Read the detailed analysis at the link.
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Institutional support for UCIPR activities is provided by East Europe Foundation within the framework of the "Phoenix: The Power of Communities" project, with the support of the European Union. The content of the created materials is the sole responsibility of UCIPR and does not necessarily reflect the position of East Europe Foundation and the EU.
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