DRC-DDG LEGAL ALERT: Issue 53 June 2020 - ReliefWeb
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DRC-DDG LEGAL ALERT: Issue 53
June 2020
1. COVID-19 Legislative Measures Update: 30 June 20201
In June 2020, Ukrainian government continued to lift or ease previously imposed restrictions aimed at
containing COVID-19 spread in Ukraine. Measures lifted or eased include the following:
Re-opening EECPs in Donetsk and Luhansk regions and Crimea: Situation on EECPs in Donetsk and
Luhansk regions is very dynamic. Starting from 10 June 2020, Ukrainian government initiated re-
opening of the EECPs. On the other hand, access to EECPs from the NGCA side has been denied in the
overwhelming majority of cases. Uncoordinated and limited functioning of GCA- and NGCA-controlled
EECPs created situations when persons got stuck between the EECPs unable to move in either direction.
As informed by the State Border Service of Ukraine, the only EECP available for crossing as of 30 June
2020 is Stanytsia Luhanska – however, because of its dynamic nature, information on access to EECPs
must be verified directly before the crossing. As for EECPs with Crimea, they are functioning starting
from 15 June. Regardless the EECP, the individuals who enter GCA are required to undergo 14-days
observation or self-isolation controlled through ‘Diya’ application.2
Re-opening state borders and international transportation: Ukraine re-opens a significant number of
its international border checkpoints. Bans on international passenger transportation including airline
flights, sea, and land transportations are also lifted depending on the epidemic situation in the
concerned region of Ukraine;
Lifting the state entry ban for non-nationals: Starting from 12 June, entry to Ukraine is allowed on the
following conditions: i) obtaining an insurance policy that covers COVID-19 treatment and observation;
ii) undergoing 14 days observation or self-isolation for non-nationals arriving from countries with high
spread of COVID-19. The conditions do not apply for individuals previously exempted from the enter ban
(staff of diplomatic institutions, accredited international organisations, their family members, and others).3
Option to discontinue observation or self-isolation and other exemptions: On 25 June 2020, the
Cabinet adopted Resolution No. 522 allowing individuals who have crossed the state
borders/EECPs to discontinue self-isolation. The option is conditioned on passing a special
COVID-19 test with a negative result. It is unclear whether the tests will be provided on a free
basis or not. Individuals who cross the EECPs to pass External Independent Evaluation 4 and apply
to high education institutions are not required to pass observation/self-isolation by default and can
be accompanied by an adult person on the same terms.
1
For a review of the COVID-19 prevention measures relevant to the conflict-affected persons taken before 1 June 2020, please
see Special Legal Alert On COVID-19 (initial measures), Legal Alert Issue 50 (update for 16-30 March), Issue 51 (April
updates), Issue 52 (May updates).
2
‘Diya’ application is designed to control whereabouts of the person through daily GPS location requests combined with
requesting photos of the person connected to a defined locality. The application can be installed only on smart mobile platforms
and thus is not accessible for many older people and other individuals.
3
For the whole exemption list, please see DRC-DDG Special Legal Alert Issue on COVID-19.
4
Nation-wide standardised examination designed for school graduates’ admissions to tertiary educational institutions.2. Mine Action Amendment Passes First Parliamentary Hearing
Background: In December 2018, the Parliament adopted the first Mine Action Law of Ukraine, legally in
force from January 2019. Yet, the government never succeeded to implement it mostly because of its
‘inconsistencies with other legislation’.5 As of June 2020, neither the National Mine Action Authority nor
the Mine Action Operations Centre6, foreseen by the Mine Action Law, were created. Mine action (MA)
is regulated by the same legal and institutional frameworks as before the introduction of the law.
Recent Developments: On 16 June 2020, the Parliament adopted in the first hearing Draft Law No. 2618.
Though formally an amendment, the Draft significantly modifies the institutional structure of MA system,
incorporates several important suggestions of the international mine action community, and aims to put
MA Law in accordance with other national legislation. As the Draft is yet to pass the second hearing,
below is the preliminary overview:
Salient Features:
Two Operational Centres: Unlike the current MA Law that prescribes creation of a single Mine Action
Operations Centre, the Draft foresees creation of two centres: Mine Action Centre (MAC) under the
Ministry of Defence and Humanitarian Demining Centre (HDC) under the State Emergency Service;
Handover Definition: In cooperation with the international mine action community, the Draft
incorporates a definition of a handover – procedure of transferring legal liabilities over the cleared
land from a particular mine action operator to the State after the clearance quality control. This step
is crucial for the safety of mine action operators and their reputation at the stage when the land is
released, and the operators have no control over it;
Compensation and Annual Assistance to All Mine Victims: Following the advocacy actions, the
Draft extends provision on compensation and annual assistance on healthcare to all mine victims
regardless of age as opposed to the current provision of compensation to underage victims only.
Further Important Steps:
Currently, the Draft is at the Parliamentary Committee on the National Security and Defence for further
development of the text for the second hearing. UNDP, OSCE PCU, HALO Trust, and DRC-DDG
submitted recommendations to the Committee for incorporating a number of critical provisions. The
most important of them include:
Lifting the Extended Insurance Requirement: Currently, the Law requires the operators to obtain
insurance for a period of 10 years following the land handover. This creates an unjustified burden
for the operators who no longer have control over the land after the handover;
Procedure for Importing and Use of Dual-Use Items: Currently, there is no special procedure for
obtaining a permit for the import and use of the dual-use items7 for MA. As a result, use of such
items is either delayed or even impossible for the MA operators;
5
These claimed inconsistencies included, inter alia, the Constitution, regulation on the architecture, functions, and relation
between the Cabinet and central executive bodies, regulation on public procurement, accreditation and accreditation.
6
NMAA – central MA management authority for coordination of state regulation over MA activities under MA Law, still not created;
MAOC – central MA operational body responsible for the implementation of MA activities under MA Law, still not created.
7
Dual-use items are goods, software, technology, and other items which can be used for both civil and military applications and thus
are restricted in importing and use. In regards to Mine Action, these might include explosives, safety items, and other equipment. Permitting the Operators to Transport and Detonate Explosives: Currently, humanitarian mine
action operators are not allowed to perform transportation and detonation of explosives on their
own. Instead, they have to request the State Emergency Service or the Ministry of Defence to do
it. This limitation greatly undermines the efficiency of the operators who have the necessary
capacity that can be certified and monitored;
Permitting the Operators to Provide Staff Authorisation: Currently, the Law can be interpreted in
a way that even the certified operators cannot authorise their staff to undergo certain MA activities
– instead, they have to apply to the Mine Action Centre. The requirement creates an additional
burden for the efficiency of the operators who, if certified, are presumed to have the capacity to
carry out the authorisation on their own.
3. Parliament Adopts a Plan of Legislative Activities for 2020
On 15 June, the Parliament adopted Resolution No. 689 ‘On Plan for Legislative Drafting in 2020’.
The Resolution outlines a list of draft laws that ‘are recommended for priority drafting and
Parliamentary registration’.
Despite being a recommendation in nature, the list gives a perspective on the Parliament’s priorities.
It refers to nearly 900 prospective draft laws including a number of critical humanitarian matters
involving mine action, right to pension, compensation, right to documentation, freedom of movement,
and agricultural tax within the NGCA and contact line. Following are humanitarian-related
prospective drafts from the list:
Area of Timeframe:
Description of Prospective Draft Reg. / 1st Hearing
Concern
On repayment of pension debt and securing pension payments for June / 2nd quarter
NGCA residents and IDPs);
Pension and
Social On social protection of underage victims of armed conflicts; Done / 2nd quarter
Protection
On Reconsideration of Living Wages, so they respond to the actual Done / 2nd quarter
cost of living.
On ratification of European Convention on the Compensation of Dec. / 4th quarter
Victims of Violent Crimes;
Compensation
On Compensation for Damages and Destructions Caused as Results June / 3rd quarter
of the Conflict;
Compensation for Failure to Act or for Damages Resulted from Dec. / 4th quarter
Illegal Decision-Making.8
On Captives of the Conflict and Political Prisoners in Russia, June / 2nd quarter
Targeted Crimea, and NGCA;
Assistance
On Indigenous Peoples in Ukraine. Dec. / 4th quarter
8
This may be relevant to the humanitarian context in regards to court cases on punitive c ompensation for the state’s failure
to provide a mechanism of compensation for damages dealt as a result of the conflict. For more information, see DRC -
DDG Legal Alert, Issue 51, Section 5. On Permanent Residence Registration for NGCA and Crimea Residents; June / 2nd quarter
On Registration of IDPs’ Place of Residence; July / 4th quarter
On Provision of Administrative Procedure for Registration of Birth July / 4th quarter
On
and Death Facts within the NGCA and Crimea;
Documentation
and Freedom of
On Removing Restrictions Regarding Territorial Jurisdiction of Court June / 2nd quarter
Movement
Cases On Establishment of Death Facts within the NGCA or Crimea;
On Ensuring IDPs’ and Veterans’ Rights (re clarification of the
‘IDP’ definition, and regarding IDPs’ right to freedom of movement June / 2nd quarter
and free choice of place of residence).
On Exemption from Court Fees for IDPs; July / 4th quarter
Justice
On Criminal Liability for Involving Children into Illegal Armed Groups; June / 2nd quarter
On Lobbying and Advocacy [no description is provided]; Done / 2nd quarter
Humanitarian On International Technical Aid; Dec. / 4th quarter
Framework
On Humanitarian Strategy of Ukraine (identifying targets of the state July / 3rd quarter
humanitarian policy and its means).
On Mental Health; June / 3rd quarter
On Mine Action (optimisation of the institutional MA response system Done / 2nd quarter
and harmonisation of the MA Law with the national legislation);
Other On Missing Persons (harmonisation of the law to ensure
its full implementation); June / 2nd quarter
On Tax Exemption for Agricultural Land Located Within the NGCA June / 2nd quarter
and Contact Line.
4. Cabinet Adopts Its New Four-Year Development Programme
On 12 June 2020, the Cabinet adopted a new Cabinet Programme, designed for a period of four years to
replace the five-year Cabinet Programme adopted back in September 2019.9
The Parliament refused to approve the Programme twice in June 2020. Despite the rejection, the
Programme remains in force for the Cabinet. It is structured around long-term priorities with the initial
section ‘Way to Europe’ and tasks of the Ministries.
Below are tasks outlined for the Ministry of Reintegration of Temporary Occupied Territories (TOT)
as well as tasks related to the humanitarian context:
9
For more information on the 5 Year Development Cabinet Programme adopted in September 2019, please see DRC-DDG
Legal Alert Issue 44, Section 1.Targets Tasks
conflict-affected persons
Ensuring access for NGCA and Crimea residents to administrative and healthcare
services, education, cultural and informational products;
3.1. Support to the
Provision of mechanism for compensation for housing destroyed as a result of the conflict;
Improving legislation on IDPs’ right to housing, creation of grounds for IDPs’ access
to housing leasing;
Inclusion of IDPs into the registers of local communities’ dwellers;
Ensuring access to Ukrainian educational services for children and youth residing
within the NGCA and Crimea; 10
Creation of grounds for IDPs’ voluntary return or integration within their new communities.
Revision of lists of items restricted or banned for movement through the EECPs and list
of permitted personal items;
3.2. TOT Reintegration
Support to international organisations in humanitarian access to the NGCA and Crimea.
Execution of the Humanitarian Response Plan;
Support to international and private initiatives for the creation and functioning of funds
for the recovery of the conflict-affected territories;
Development of a comprehensive mechanism for transitional justice;
Providing procedure for notary acts regarding property left within the NGCA and Crimea;
Recovery and development of Luhansk and Donetsk regions including economic,
financial, and social infrastructure, access to services and jobs, assistance to micro,
small, and medium businesses;
Enhancing facilities at EECPs and the EECP crossing procedure;
The digitalisation of services required by NGCA and Crimea residents.
Enhancing the territorial community’s capacity to conflict prevention and mitigation;
3.3. Peace and Dialogue
Development of partnerships with national and international organisations in the field
of peacebuilding;
Mine action activities are exercised [role unspecified];
Protection of indigenous peoples’ rights, popularisation of Ukrainian culture and
culture of national minorities;
Enhancing social cohesion and trust in public authorities through public campaigns and
cultural events;
Building communication with Ukrainian citizens residing within the NGCA and Crimea.
3.4. Restoration
Creation and maintenance of a register on damages caused to the state, individuals, and legal
entities and register of human rights violations caused by the ‘Russian armed aggression’;
of Justice
Developing propositions with regards to the problem of dual citizenship in the NGCA
and Crimea;
Protection of rights of landlords regarding the land located within the NGCA and Crimea.
10
For more information on the educational centres ‘Donbas-Ukraine’ and ‘Crimea-Ukraine’ please see DRC-DDG Legal Alert
Issue 52: May 2020, Section 6.Some of the terminology used in this issue of the Legal Alert was taken from draft laws or current legislation and does not necessarily reflect the position of DRC-DDG. This document covers humanitarian aid activities implemented with the financial assistance of the European Union. The views expressed herein should not be taken, in any way, to reflect the official opinion of the European Union, and the European Commission is not responsible for any use that may be made of the information it contains. This document is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents are the responsibility of Danish Refugee Council-Danish Demining Group and do not necessarily reflect the views of the USAID or the United States Government. This document has been co-funded by UK aid from the UK government; however, the views expressed do not necessarily reflect the UK government’s official policies.
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