May brought a number of important legislative initiatives to the public sector, ranging from the disposal of unsuitable humanitarian aid goods to the abolition of visa requirements for foreign volunteers. The UCIPR has prepared a brief overview so that you don't miss anything.
Adopted legal acts
The draft law on abolishing visa requirements for humanitarian workers and volunteers during martial law was adopted as a basis
What the draft law is about: The draft law proposes to abolish the mandatory obtainment of a long-term visa for foreigners and stateless persons (except for citizens of the Russian Federation) who arrived in Ukraine:
- To carry out activities in branches or representative offices of foreign legal entities receiving humanitarian aid;
- To participate in international or regional volunteer programs and in the activities of organizations or institutions that engage volunteers, by the Law of Ukraine “On Volunteer Activities”.
Provided these persons crossed the state border of Ukraine after February 24, 2022, and applied for a temporary residence permit within 60 days of this draft law's entry into force, they are considered temporarily and legally staying in Ukraine.
Why it is important: The document is awaiting a second reading, but this abolition will significantly facilitate and speed up the legalization of foreign volunteers and humanitarian workers in Ukraine. This will help attract more qualified professionals critical to assisting the affected population, especially in the ongoing war and growing humanitarian needs. In addition, it will create favorable conditions for the practical work of long-term volunteer missions of foreigners in Ukraine.
The Government has updated the rules for the utilization of unusable humanitarian aid goods
The relevant changes were introduced by Resolution No. 572.
What the resolution is about: From now on, decisions on the utilization of unusable humanitarian aid will be made by Kyiv city and regional state (military) administrations, except for medicines and medical equipment, which will be subject to the Procedure approved by the Ministry of Health of Ukraine. The utilization of humanitarian aid will be carried out under the control of a commission consisting of representatives of the territorial bodies of the State Customs Service, the State Environmental Inspectorate, the National Police, the State Food and Consumer Service, the Council of Ministers of the Autonomous Republic of Crimea, the relevant regional, Kyiv and Sevastopol city state administrations, with an act drawn up based on the results of the disposal procedure.
However, a separate procedure will be in place for the period of martial law:
- Commissions to identify substandard/unfit for consumption humanitarian aid goods that need to be utilized will be established by the recipients of the humanitarian aid themselves, on whose balance sheet it is.
- The Commission inventories such goods and draws up a corresponding inventory report. This report, together with other data, including the justification for the need to utilize substandard/unusable humanitarian aid goods (items), is submitted to the local executive authority within five business days from its signing for a decision on disposal.
- The decision to grant permission for the utilization of substandard/unusable goods or the need to form a commission for additional inspection is made within 10 working days, in some cases, 15 working days.
- The utilization of such goods is carried out by business entities in the field of waste management that have a permit for waste treatment operations, and in the case of hazardous waste operations, also have a license to carry out economic activities for hazardous waste management, based on an agreement with the organization on whose balance sheet the humanitarian aid is located and is confirmed by a relevant act.
- The recipient of such humanitarian aid uploads such an act together with a report on the distribution and use of humanitarian assistance to the automated system for registering humanitarian aid upon utilization (removal) of substandard/unfit for consumption humanitarian aid goods (items) and sends the relevant act to the local executive authority.
Why it is important: The Resolution is an expected continuation of the update of the legal regulation of humanitarian aid by the requirements of martial law. It helps streamline handling unsuitable humanitarian aid, protects recipients from risks, and increases confidence in the aid provision and accounting system. For example, introducing a simplified mechanism for the period of martial law allows recipients of humanitarian aid to form commissions on their own, speeding up decision-making and response to critical situations. And the mandatory recording of inventory and utilization procedures through acts and data entry into the AS DG ensures transparency and control over the circulation of humanitarian aid.
The government has changed the procedure for the state registration of vehicles imported as humanitarian aid
The changes were approved by Resolution No. 550, which was developed and advocated by experts of the Ukrainian Center for Independent Political Research.
What the Resolution is about: The document approves the procedure for state registration of humanitarian aid vehicles that were imported before 05.09.2023 (before the entry into force of Resolution No. 953). Thus, not only the recipient of humanitarian aid, but also the purchaser, can register the vehicle. Temporary state registration of vehicles recognized as humanitarian aid before the entry into force of Resolution No. 953 of the Cabinet of Ministers of Ukraine of September 5, 2023 is carried out at the request of the recipient, based on the documents of the military, a copy of the declaration on the list of goods recognized as humanitarian aid, and the original document under which the vehicle was transferred by the recipient of humanitarian aid to the recipient.
Why it is important: The Resolution regulates vehicles and humanitarian aid under a paper declaration. This eliminates uncertainty for organizations and individuals who use such vehicles but could not register them properly. The possibility of registration by both the recipient and the acquirer of the transport simplifies the accounting procedure, increases transparency and control in humanitarian aid, which, under martial law, contributes to more efficient use of resources and reduces the burden on charitable and public organizations.
The Cabinet of Ministers has approved the Roadmaps required to open the first cluster in the pre-accession negotiations between Ukraine and the EU
The roadmaps cover the rule of law, public administration reform, and the functioning of democratic institutions. Approval of these documents is necessary to open negotiations on Ukraine's accession to the EU under the first cluster, “Fundamentals of the Accession Process.” The European Union must then approve the agreed documents.
Why it is important: The Roadmaps are comprehensive strategic documents that define a set of reforms within the framework of Ukraine's EU membership negotiations. The Roadmaps envisage several legal acts' development, adoption, and implementation. Key authorities and civil society representatives were involved in the process, and experts from the Ukrainian Center for Independent Political Research actively developed the roadmaps. Thus, in the Roadmap on the Rule of Law, UCIPR experts formulated proposals to the section “Fundamental Rights” regarding freedom of peaceful assembly and association. The proposals relate to simplifying the conditions for establishing and operating civic organizations and improving the legal regulation of the right to freedom of peaceful assembly.
The Roadmap for Democratic Institutions is the primary document defining the measures necessary to strengthen, restore, and further develop democratic processes and institutions in Ukraine. It is this Map that establishes the basic legal, regulatory and policy framework for CSOs and covers processes fundamental to the state system, in particular, free and fair elections, political party and campaign financing, media in the election campaign, transparency and accountability, efficiency, integrity of the parliament and the national legal, regulatory and policy framework for civil society institutions (CSIs). UCIPR experts made proposals to the text of this document. Our experts' recommendations for improving the mechanism of providing financial support to CSOs, tax incentives for charitable activities, and financial support for CSOs, engaging CSOs in the provision of social services, and ensuring public participation were included in the final version of the Roadmap.
Read also: From representative to participatory democracy: new approaches to democracy under martial law
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