The Ukrainian Center for Independent Political Research has prepared a March compilation of key legislative changes that affect the activities of civil society organizations. This issue covers six most important topics, including humanitarian aid, social services, state plans for CSO development, support for volunteers, and innovations in visa rules.
Adopted legal acts
A Draft Law was adopted to facilitate using vehicles received as humanitarian aid for passenger transportation
Draft Law 12177-1 was adopted on March 12 in the first reading as a basis with a shortened preparation period.
What the Draft Law is about: The document specifies that municipal enterprises, including road carriers and urban electric transport operators, are the designated recipients of humanitarian aid. It defines which types of transportation can be classified as humanitarian aid in these instances. Furthermore, the draft law prohibits the sale or transfer of these vehicles to individuals or entities that do not qualify as recipients of humanitarian assistance.
Additionally, the Cabinet of Ministers of Ukraine will be responsible for regulating the process of distributing humanitarian aid to address transportation needs in the community.
Why it is important: Adopting this Draft Law could enhance access to public transportation, particularly in affected regions, thereby ensuring its reliability. It aims to fortify local communities and improve infrastructure through humanitarian assistance. Moreover, the law establishes clear guidelines and control mechanisms, enhancing transparency and minimizing the risk of corruption.
Law on Improving the Procedure for Provision of Social Services Adopted
Law No. 12124 was adopted on March 26, and the document is now awaiting the President's signature.
What the Law is about: The document aims to adapt the Law “On Social Services” to the latest legislative changes:
- The Draft Law proposes using new terminology to classify social service providers by ownership and legal form.
- The requirements for social service providers, depending on the form of ownership, are clarified. For example, private social service providers (including CSOs) are not limited in their organizational and legal form choices.
- The list of information to be entered into the register of social service providers and recipients is clarified, and the possibility of providing social services and concluding an agreement on the provision of social services remotely (online) is specified.
- The list of recipients of social services to whom the state pays for services has been expanded.
Why it's important: The changes lead to more efficient delivery of social services and enhance accessibility. Specifically, they allow for more precise regulation of service providers based on ownership and legal structure, which promotes transparency and efficiency in the sector while improving access for civil society organizations (CSOs). The ability to sign contracts and provide services remotely increases convenience for recipients and consumers, as well as broadens the reach of social services. Moreover, identifying violations that result in liability will improve oversight of service quality and safeguard citizens' rights.
The Action Plan for Implementing the National Strategy for Promoting Civil Society Development in Ukraine for 2021-2026 has been approved
The government approved the Action Plan on March 21 and included 34 tasks. These include:
- improving the principles of public consultations;
- promoting the involvement of residents in solving local issues, developing forms of local democracy (implementation of Law 3703 “On Local Democracy”);
- implementing participatory budgeting mechanisms, in particular, promoting the implementation of school participatory budgets;
- implementing measures to introduce an online platform for interaction between executive authorities and citizens and civil society institutions;
- implementing a pilot project to enable the operation of a CSO based on a model charter and registration of CSOs through the Diia portal;
- improving the conditions for the establishment, operation, and termination of community self-organization bodies;
- creating conditions for financial support of civil society institutions on a competitive basis;
- promoting the introduction of tax incentives to support civil society institutions and the development of volunteerism;
- improving legislation on humanitarian aid;
- creating conditions for the participation of civil society institutions in the provision of socially important services, including social services, and the development of social entrepreneurship.
Why it is important: The National Strategy for Civil Society Development is an essential document that establishes the state's commitment to enhancing the institutional framework for Civil Society Organizations (CSOs) and promoting their involvement in Ukraine's socio-economic development. The Action Plan for implementing this National Strategy includes several important tasks aimed at advancing the civil sector. These tasks encompass the execution of the Law on Local Democracy, improvements to legislation governing public consultations, and the introduction of online registration for public associations—an effort in which experts from the Ukrainian Center for Independent Political Research (UCIPR) have played a significant role.
Aligning legislation with EU standards and introducing participatory budgeting, along with online platforms for interaction with government authorities, will enhance the accessibility and transparency of governance processes. Additionally, this plan supports the growth of civil society institutions, encouraging citizens to actively engage in addressing social and economic issues. It also aims to promote volunteerism, social entrepreneurship, and humanitarian assistance, which are crucial for rebuilding after the impacts of war.
Importantly, the action plan emphasizes the engagement of civil society institutions in executing the outlined tasks. UCIPR experts were involved in developing the Action Plan at every stage, and our organization serves as a partner in implementing its key initiatives.
The Government has amended the Procedure and Conditions for the Payment of a One-Time Financial Allowance in the Event of a Volunteer's Death or Disability as a Result of Injury Sustained While Providing Volunteer Assistance
The relevant changes were approved by Resolution No. 260.
What the resolution is about: The resolution describes in more detail what documents must be submitted with the application: copies of the volunteer's passport, death certificate, birth certificate of the deceased's child, and other documents.
The list of documents to be submitted by a volunteer in case of disability has also been changed. Thus, the certificate on the nature of the injuries received was replaced by a copy of the forensic medical examination report on the nature of the injuries received. The list of required documents has been supplemented with copies of an extract on bringing a person to criminal liability and the existence of a criminal record, a volunteer agreement, and a certificate with account details. Among other things, the procedure for applying the electronic form has been clarified.
From now on, the Ministry of Veterans will make payments independently, without transferring the relevant funds to the structural units for social protection of the population.
The refusal to pay one-time financial assistance may be appealed in court and administratively.
Also, Resolution No. 260 approves samples of applications for the payment of one-time financial assistance in the event of the death of a volunteer and connection with the establishment of disability as a result of injury (contusion, trauma, or mutilation) received during the provision of volunteer assistance.
Why this is important: These changes establish a more transparent process for submitting documents. They involve replacing the injury certificate with a forensic medical examination and introducing new documentation to verify volunteer activities. Additionally, the application process has been simplified by regulating the procedure for submitting applications electronically, thereby reducing bureaucratic obstacles.
The shift to independent payments made by the Ministry of Veterans directly to victims helps to minimize delays. This approach enhances the efficiency of payments, in contrast to the previous method, which required requesting funds from the Cabinet of Ministers and subsequently sending them to social security agencies. Furthermore, the option to appeal against a denial in an administrative procedure ensures added protection for citizens' rights. Overall, these changes aim to safeguard the rights of injured volunteers and their families, which has become an urgent demand of civil society during martial law.
The Government has approved the Procedure for Granting Approval for the Redistribution of Humanitarian Aid between Recipients of Humanitarian Aid - Legal Entities and the Procedure for Returning Humanitarian Aid Goods (Items) to the Donor in Case of Impossibility of Their Use for the Intended Purpose
The relevant acts were approved by Resolution No. 321.
The Procedure defines the mechanism for the recipient of humanitarian aid (hereinafter referred to as the recipient) to provide approval for the redistribution of humanitarian aid between recipients, the list of required documents, and the grounds for refusal to grant approval for the redistribution of humanitarian aid.
The Procedure for Return of Humanitarian Aid to the Donor defines the actual mechanism for returning such goods, the list of documents to be submitted to the customs authority for placing humanitarian aid goods under the export customs regime, and the recipient's procedure for preparing a report.
Why it is important: The legislation on humanitarian aid envisages the adoption of these procedures. Regulation of the procedure for granting approval for the redistribution of humanitarian aid between recipients will help to redistribute humanitarian aid more efficiently and ensure that it reaches the population categories that need it.
The procedure for returning humanitarian aid to the donor if it cannot be used for its intended purpose will help prevent inefficient use or destruction of humanitarian aid goods and increase the donor community's trust in humanitarian aid providers in Ukraine.
Registered legal acts
A draft law has been registered to abolish visa requirements for humanitarian workers and volunteers during martial law
MPs Valeriy Zub, Roman Hryshchuk, and others registered draft law No. 13071 on March 11.
What the draft law is about: The authors of the draft law propose to abolish the requirement to obtain a long-term visa to obtain a temporary residence permit in Ukraine for foreigners and stateless persons (except for citizens of the Russian Federation) who arrived in Ukraine:
- To work in branches and representative offices of a legal entity established by the laws of a foreign state, registered by the established procedure, which are recipients of humanitarian aid by the Law of Ukraine "On Humanitarian Aid";
- To participate in international and regional volunteer programs or in the activities of organizations and institutions that involve volunteers in their activities is permitted under the Law of Ukraine “On Volunteer Activities.”
If these persons entered the territory of Ukraine after February 24, 2022, and applied for a temporary residence permit within 60 days from the date this Regulation entered into force, they are considered to be temporarily legally staying in the territory of Ukraine.
Why it is important: Abolishing the requirement for a long-term visa for foreign humanitarian workers and volunteers will significantly simplify and speed up the procedure for their legalization. This will help to attract more qualified specialists, which is crucial for providing the necessary assistance to the affected population, especially in the context of the ongoing war, when needs are growing, and will also facilitate the activities of long-term missions of foreign volunteers in Ukraine.
Read also: UCIPR experts presented the initial draft of a Model Charter for village, town, or city territorial communities
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