Визнання біженців в Україні 1996

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Regional Representation Kyiv 22.10.2014
The Law of Ukraine “On ensuring of rights and
freedoms of internally displaced persons” has been
adopted by the Parliament on 20 Oct 2014.
The Law was adopted unanimously by 249 votes
Definition of an IDP (art 1) – close to international standards, but does not
include foreigners/stateless
• Internally displaced person is citizen of Ukraine, permanently residing at
the territory of Ukraine, that was forced or voluntarily left one’s residence
place as a result of or in order to avoid negative impact of armed conflict,
temporary occupation, situations of generalized violence, mass violations
of human rights and disasters of natural or human-made origin.
• Information about these circumstances to be taken from authoritative
sources, such as UN, OSCE, Parliamentary Commissioner for Human
Rights.
Procedures for registration of an IDP (Art.4)
• Person applies to the social protection department of the local
government.
• Must apply in person.
• Submit internal passport or if it is lost, a certificate confirming citizenship
of Ukraine (issued by the State Migration Service, usually in a matter of a
few days).
• IDP certificate is issued the same day, and it is valid within the term
established by the Cabinet of Ministers.
• A unified database is to be created including information about needs for
humanitarian assistance, and delivery of such assistance.
Simplification of residence registration (Art 5)
• Residence registration is placed in the IDP certificate, rather than the
passport. Gives a person the opportunity to maintain residence
registration (if he wants) in his home region. Very important for IDPs from
Crimea, as they need the Crimean residence registration to move freely
in/out of the peninsula.
• When getting residence registration, IDP can provide one of the following:
address at which they can receive official correspondence; address of
social protection department; or address of State Migration Service. They
do not need to present a rental agreement in order to get residence
registration. This takes away the major barrier to residence registration.
Simplified access of IDPs to social and economic rights (Art 7):
• Re-registration as unemployed.
• Restoration of all social benefits.
• IDPs who are elderly, disabled persons, disabled children and other persons
in difficult circumstances shall receive all social benefits at the place of
factual residence registration.
• If an IDP officially terminate his previous employment, he can be registered
as unemployed temporarily even without showing all supporting
documents.
• If IDP did not officially terminate his employment, he can do so in a
simplified procedure. Not through the court, which was the previous
expensive/lengthy procedure. But by providing of notice of terminating
employment relations together with confirmation that relevant statement
has been sent by IDP to employer via registered mail.
• Termination of self-employment is also simplified and can be conducted at
the place of IDP factual residence, not in home district (as is currently the
situation).
• In case if IDP wants to register a legal entity or oneself as individual
entrepreneur, such registration shall be carried out under simplified
procedure.
Art 7 of the Law protects the rights of disabled IDPs:
• Technical and other means of rehabilitation and rehabilitation
at the place of stay.
• Rehabilitation services shall be provided based on necessary
documents, proving rights to these means and services, and in
case of such documents are unavailable – based on data of
Central database on disability and individual rehabilitation of
disabled person, disabled child.
Art 8 of the Law envisages ensuring voting rights of IDP
• An IDP – a citizen of Ukraine shall enjoy his/her voting through
changing of voting place without changing the permanent
voting address. Note that the Central Electoral Commission
already adopted this procedure to facilitate IDP voter
registration in upcoming parliamentary elections.
Security and social rights of IDPs (Art. 9)
• Right to safety of life and health;
• Right to receive reliable information about the situation in the
region of origin;
• Proper conditions of permanent or temporary accommodation;
• State to provide free temporary accommodation (though IDP
should pay utilities fees) for up to six months after registration;
for large families, persons with disabilities, elderly persons this
period may be extended. (Note: it’s not clear how this will fit
together with the CabMin Resolution on financial assistance,
since this is specifically supposed to cover housing.)
Further rights of IDPs:
• assistance in transportation of movable property;
• free passage to return to place of previous residence by all
means of public transport;
• medical supply in cases and in accordance with procedures
provided in legislation;
• necessary medical assistance in state and communal health
care institutions;
• enrollment of children to preschool and secondary education
institutions;
And more rights:
• social and administrative services at the place of stay;
• state registration of civil status, changes to civil status records,
updating and cancellation at the place of stay;
• receiving of humanitarian and charitable aid;
• other rights set forth in the Constitution and Laws of Ukraine.
Prohibition of discrimination against IDPs (Art 14)
• IDPs shall enjoy same rights and freedoms as other persons in
accordance to legislation of Ukraine and international
agreements. They shall not be discriminated against on the
basis of their internal displacement.
• Meets international standards of protection.
Provisions on international cooperation regarding IDPs (Art. 18)
• 1. Ukraine shall cooperate with other states, international organizations
with a view to prevent possible internal displacement, adhere to rights and
freedoms of IDPs, support returning of such persons to places of their
previous residence in Ukraine, in case if conditions referred to in Article 1 of
this Law cease to exist, their reintegration.
• 2. International donors that contribute to assistance programs for IDPs, shall
be provided assistance to accelerate import of humanitarian cargos.
• 3. International humanitarian, charitable, technical and any other nonrepayable assistance provided to IDPs shall be exempt from taxation and
custom duties.
• 4. International humanitarian, charitable, technical and any other nonrepayable assistance provided IDPs shall be exceptionally targeted and may
not be used for any other purposes.
• 5. Ukraine shall ensure an equitable distribution of such aid to IDPs, with
due regard to needs of persons with special needs, persons with disabilities,
women and children, single parents, elderly citizens, pensioners.
The Cabinet of Ministers Resolution No. 509
On registration of internally displaced persons from the
temporarily occupied territory of Ukraine and anti-terrorist
operation area.
It came into power on 8.10.14.
• Provides that Ministry of Social Policy is responsible for IDP registration.
• Establishes criteria for registration: citizens of Ukraine, foreigners and
stateless persons permanently residing on the territory of Ukraine, and
displaced from the temporarily occupied territory and anti-terrorist
operation area.
• Applicants receive a certificate (dovidka) on the day that they apply.
• Note some discrepancies between Resolution and newly adopted law:
definition of IDP, situation of foreigners and stateless.
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The Cabinet of Ministers Resolution No. 505
On providing monthly targeted financial support to internally
displaced persons from the temporarily occupied territory of
Ukraine and anti-terrorist operation area to cover livelihood,
including housing and utilities. It came into power on 7.10.14.
Persons registered as IDPs (as per Resolution 509) can also apply
for monthly financial assistance.
Amount = 884 UAH/month for person who is not a working-aged,
able-bodied adult (children, pensioners, disabled); 442
UAH/month for working-aged, able-bodied adults. Maximum of
2400 UAH/month per family.
Assistance is for 6 months.
Some conditions apply: adults must seek work or find
employment; individ. aren’t eligible if they have savings of more
than 10 min wages (~12,000 UAH) or the 2nd house or 2+ cars.
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Implementation of the CoM Resolutions No 505 and No 509
Kyiv, Pechersk District Department for Social Protection registered 135
IDPs (58 families) within the last 3 days.
It takes up to 20 min to process 1 IDP (an average 16 persons per day) by
one operator.
The applicants have to write 2 applications for registration and the
financial aid. Respectively they have to stand in 2 queues. There are 3 and
5 operators to enter the data in two different rooms. IDPs have to wait at
the corridor or come at the assigned time.
Filing in the applications through on line web based forms are not yet
envisaged by the Resolutions/software.
There is no copy machine in the Department to speed up the procedures.
2/3 of the Department computers are bought before 2005.
Amendments to the Tax Code on taxation of charitable aid
(Law #1668-VII dated 2.09.14 came into power 26.09.14)
• The law exempts IDPs from the income tax of:
• (a) any amount of charitable aid received for: payment (compensation) of
drug costs, donor components, medical items, technical and other means
of rehabilitation, paid treatment, providing medical supplies, technical and
other means of rehabilitation, medical rehabilitation services, sanatorium
rehabilitation;
• (b) total amount per reporting (tax) year which does not exceed one
thousand minimum wages established by law on January 1 of the
reporting (tax) year - to restore lost property and other needs as per list,
determined by the Cabinet of Ministers of Ukraine.
• CabMin has not yet adopted the ‘list.’
• The 2014 minimum wage is UAH 1,218.
• The non taxed ceiling UAH 1,218x 1000 = UAH 1,218,000.
• Assistance which would exceed the above ceiling shall be taxed at the rate
of 17%.
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