You are reading Legal Corner for January 2024. If you are looking for the legal updates from December of 2023, follow this link.
On 26 January, the Cabinet of Ministers of Ukraine (CMU) adopted Resolution №94 "Some Issues of Social Support for Internally Displaced Persons and Other Vulnerable Categories of Persons". According to this Resolution:
- the payment of accommodation allowance to internally displaced persons shall be extended automatically from 1 February 2024 for one month without additional application for persons whose six-month period of receiving such allowance expired in January 2024;
- starting from 1 February 2024, it is possible to apply for the extension of the accommodation allowance to internally displaced persons who are entitled to its extension after 1 March 2024, by the "Procedure for Providing Accommodation Allowance to Internally Displaced Persons" approved by the Resolution of the Cabinet of Ministers of Ukraine № 332 "Some Issues of Payment of Accommodation Allowance to Internally Displaced Persons" dated 20 March 2022;
- the accommodation allowance for internally displaced persons who are eligible for it and have personally applied for the extension of its payment during February - March 2024, shall be assigned and paid starting from 1 March 2024.
Amendments were also made to several Government Resolutions on social support for internally displaced persons and other vulnerable categories of persons, in particular:
- "The Procedure for Providing Monthly Financial Assistance to a Person Living with a Person with a Disability of Group I or II as a result of a Mental Disorder, Who, according to the Conclusion of the Medical Commission of a Health Care Institution, Needs Permanent Outside Care, for the Care of Such Person", approved by the Resolution of the Cabinet of Ministers of Ukraine № 1192 of 2 August 2000;
-“The Procedure for Appointing and Paying State Assistance to Families with Children”, approved by Resolution of the Cabinet of Ministers of Ukraine of 27 December 2001, № 1751;
- “The Procedure for Appointing and Paying State Social Assistance to Low-Income Families”, approved by the Cabinet of Ministers of Ukraine on 24 February 2003, № 250;
- “The Procedure for Granting and Paying Temporary State Assistance to Children Whose Parents Avoid Paying Alimony, Are Unable to Support the Child, or whose place of Residence is Unknown”, approved by Resolution of the Cabinet of Ministers of Ukraine № 189 of 22 February 2006;
- “The Procedure for Payment of Allowances for Children Raised in Large Families”, approved by Resolution of the Cabinet of Ministers of Ukraine № 250 "Some Issues of Providing Social Support to Large Families" dated 13 March 2019;
- "The Procedure for Calculating the Average Monthly Total Family (Household) Income for All Types of State Social Assistance", approved by the Resolution of the Cabinet of Ministers of Ukraine № 632 "Some Issues of State Social Assistance Payment" dated 22 July 2020;
- “The Procedure for the Appointment and Payment of State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities”, approved by the Resolution of the Cabinet of Ministers of Ukraine № 79 "Some Issues of Appointment and Payment of State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities" dated 3 February 2021;
- “The Procedure for Providing Accommodation Allowance to Internally Displaced Persons”, approved by the Resolution of the Cabinet of Ministers of Ukraine № 332 of 20 March 2022 "Some Issues of Payment of Accommodation Allowance to Internally Displaced Persons";
- Resolution of the Cabinet of Ministers of Ukraine of 11 July 2023 № 709 "Some Issues of Support for Internally Displaced Persons".
On 26 January, the CMU adopted Resolution № 90 "On Amendments to the Procedures Approved by the Resolution of the Cabinet of Ministers of Ukraine № 451 dated 28 April 2021 "Issues of Providing Concessional Mortgage Loans to Internally Displaced Persons at the Expense of a Grant Provided by the KfW". This Resolution updated the conditions for obtaining the above-mentioned preferential mortgage loans.
On 26 January, the CMU adopted Resolution №70 "On Approval of the Procedure for Organising and Controlling the Implementation of the Requirements of Civil Protection Legislation by State Authorities and Local Self-Government Bodies". This Resolution approved the above-mentioned Procedure, which defines
- requirements for organising and conducting comprehensive, control and targeted inspections of compliance with the requirements of civil protection legislation (including by local self-government bodies)
- requirements for assessing the implementation of civil protection legislation by local self-government bodies;
- lists of questions for checking compliance with the requirements of civil protection legislation by local self-government bodies.
On 23 January, the CMU adopted Resolution №73 "On Approval of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2024 to Support Certain Institutions and Activities in the Healthcare System". Local governments are recommended (if necessary):
- to plan and pay from local budgets in addition to the amount of the subvention for the expenditures specified in clause 3 of the Procedure and Conditions approved by this resolution, including the repayment of budgetary obligations of previous periods registered with the State Treasury Service;
- to transfer the subvention for certain expenditures in the form of an inter-budget transfer to the relevant local budget if there are not enough budgetary institutions and other communal property entities providing public services on the territory of the territorial community.
The transfer of subventions between local budgets is carried out based on decisions of the respective local councils adopted by each of the parties and the relevant agreements concluded.
On 19 January, the CMU adopted Resolution № 52 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine No. 841 dated 21 August 2019 "On Approval of the Procedure and Conditions for Providing in 2023 an Additional Subsidy from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the Russian Federation". According to the amendments:
- the CMU Resolution No. 841 dated 21 August 2019 was extended until 2024;
- the "Procedure and Conditions for Providing in 2024 an Additional Subsidy from the State Budget to Local Budgets for the Exercise of Powers of Local Self-Government Bodies in the De-occupied, Temporarily Occupied and Other Territories of Ukraine Affected by the Full-Scale Armed Aggression of the Russian Federation" was updated;
- introduced a two-stage algorithm for the distribution of such additional subsidies;
- updated the formulas used to calculate the amount of the additional subsidy at the first and second stages;
- approved the distribution of an additional subsidy from the state budget to the local budgets of the Ivanivka village, Kolochava village and Starokostiantyniv town territorial communities for the exercise of the powers of local self-government bodies in the de-occupied, temporarily occupied and other territories of Ukraine that have been negatively affected by the full-scale armed aggression of the russian federation for 2024 between local budgets in the total amount of over UAH 28 million.
On 16 January, the CMU adopted Resolution №47 "On Amendments to the Resolution of the Cabinet of Ministers of Ukraine № 76 "Some Issues of Implementation of the Law of Ukraine "On Mobilisation Preparation and Mobilisation" dated 27 January 2023. According to the amendments:
- managers, their deputies and employees involved in the production of goods, performance of works and provision of defence services for the development, manufacture, repair, modernisation and disposal of weapons, military and special equipment, ammunition and their component parts, and are employed at enterprises, institutions and organisations determined by the Ministry of Defence and Strategic Industry to be critical for the functioning of the economy during a special period in the defence industry, are subject to reservation regardless of military rank, age and military speciality;
- the above-mentioned enterprises are not subject to restrictions on the number of persons liable for military service subject to reservation.
On 16 January, the CMU adopted Resolution №39 "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Regulation of Relations Related to Compensation for Real Estate Destroyed and Damaged as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine". This Resolution amended the following governmental acts:
- "The Procedure for State Registration of Real Property Rights and Encumbrances", approved by Resolution of the Cabinet of Ministers of Ukraine № 1127 "On State Registration of Real Property Rights and Encumbrances" dated 25 December 2015;
- "Procedure for Providing Compensation for the Restoration of Certain Categories of Real Estate Damaged as a Result of Hostilities, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation Using the eVindication Electronic Public Service", approved by Resolution of the Cabinet of Ministers of Ukraine № 381 of 21 April 2023;
- "The Procedure for Providing Compensation for Destroyed Real Estate Objects", approved by Resolution of the Cabinet of Ministers of Ukraine № 600 dated 30 May 2023;
- approved the form of the "Act of Verification on the Targeted Use of Compensation for Financing the Construction of a Manor House, Garden or Country House".
On 16 January, the CMU adopted Resolution №38 "On Approval of the Procedure and Conditions for Providing Subventions from the State Budget to Local Budgets in 2024 for the Implementation of Certain Measures for the Social Project "Active Parks - Locations of Healthy Ukraine". According to this Resolution, the conditions for granting the subvention are as follows:
- holding events in the relevant territories that are not included in the list of territories where hostilities are/were conducted or temporarily occupied by the russian federation, approved by the order of the Ministry of Reintegration;
- availability of safe places for holding events within the framework of the social project, as provided for in clause 3 of the Regulations on the social project "Active Parks - Locations of a Healthy Ukraine", approved by the Cabinet of Ministers of Ukraine on 7 April 2021, No. 326;
- access to locations and services of coordinators (specialists), taking into account the principles of barrier-free accessibility for different segments of the population, including war veterans, their families and internally displaced persons;
- payment for the services of no more than one coordinator (specialist) who meets the requirements and established criteria for a coordinator (specialist) of an event within the framework of the social project "Active Parks - Locations of Healthy Ukraine" approved by the Ministry of Youth and Sports, per location based on the calculation of at least 1000 visitors per coordinator (specialist);
- payment for the services of one coordinator (specialist) in an amount not exceeding the monthly minimum wage established as of 1 January 2024 and increased by 1.2 times.
The distribution of the subvention between the oblast budgets and the city budget of Kyiv is approved by the Cabinet of Ministers of Ukraine upon the proposal of the Ministry of Youth and Sports. The distribution of subventions between local budgets is carried out by regional state administrations (regional military administrations) in accordance with the conditions specified in paragraph 4 of the above "Procedure and Conditions", based on supporting documents regarding:
- availability of locations in compliance with the requirements of the legal regime of martial law;
- ensuring stable work of coordinators (specialists) at the locations;
- terms of engagement/recruitment of coordinators (specialists).
The above-mentioned documents are submitted by the executive bodies of local councils (military administrations) within 14 days from the date of approval of the subvention distribution by the Cabinet of Ministers of Ukraine.
On 12 January, the NACP issued Order №2 updating the "Methodological Recommendations on the Application of Certain Provisions of the Law of Ukraine "On Prevention of Corruption" in the Matters of Prevention and Settlement of Conflicts of Interest, Compliance with Restrictions on Prevention of Corruption".