Rada amended the law on strengthening safeguards to displaced persons

The Verkhovna Rada of Ukraine today, on December 25, was adopted the Law «On amendments to some laws of Ukraine on strengthening the guarantees of rights and freedoms of internally displaced persons» with the President’s proposals (No. 2166). For this decision voted 266 deputies out of 339 registered in the session hall.

On the eve of the Parliament to «signal» the vote did not support this bill.

According to the representative of the President in the Verkhovna Rada Stepan Kubiv, the bill specifically provides that in case of no notification internally displaced person about his return to the permanent residence, the decision to cancel the validity of the capture of the person on record is adopted on the basis of data for an extended period (over 60 days) persons by place of residence and information about his moves within Ukraine, which gives reasonable grounds to believe that an internally displaced person returned to the permanent place of residence.

«However, the law received the signature of the President of Ukraine, are not defined by the authorized body to establish the fact of the lack of internally displaced persons at the place of residence and confirm information on its movement within Ukraine. In addition, the law does not regulate the mechanism of check of the fact of a long absence of internally displaced persons at the place of residence and moving within Ukraine,» — said Kubiv.

In this connection, he explained, head of Department on social protection of population will be deprived of the opportunity to take legitimate decision to cancel the certificate of registration of internally displaced persons as, under the second paragraph of article 19 of the Constitution of Ukraine officials of state authorities and bodies of local self-government are obliged to act only on the basis, within powers and in the manner provided by the Constitution and laws of Ukraine.

«Given the above, the Cabinet Minister invited the President of Ukraine to veto this law,» he said.

As noted Kubiv, the President considers it necessary to resolve the issues set forth in the Law of Ukraine «On amendments to some laws of Ukraine on strengthening the guarantees of the rights and freedoms of internally displaced persons» and offers to modify it.

In addition, the President stressed the need to define the authority (officials), which will be held revealing the facts of the lack of internally displaced persons at the place of residence and confirmation of information about the movement within Ukraine and a mechanism to verify such information and facts a long absence internally displaced persons at the place of residence.

So, according to the proposals of the President, the law, in particular, stipulates that in case of no notification internally displaced person about his return to permanent residence in accordance with the second subparagraph of paragraph 3 of article 9 of this law, the decision to cancel the certificate in accordance with paragraph 3 of this article shall be adopted on the basis of information on the long-term absence (longer than 60 days) persons by place of residence, giving reasonable grounds to believe that an internally displaced person returned to take up permanent residence.

Information that provides reasonable grounds to believe that an internally displaced person returned to permanent residence are: data obtained from respective state registers; data obtained as a result of the exchange of information structural units on issues of social protection of the population district, district in Kyiv state administrations, Executive bodies city, district in the cities (in case of creation) councils with Executive authorities and local authorities; data obtained as a result of the exchange of information structural units on issues of social protection of the population district, district in Kyiv state administrations, Executive bodies of city, district, urban (in the case of a) councils with social associations, volunteering, charitable organizations, other legal entities and individuals who provide assistance to internally displaced persons in accordance with article 16 of this Law.

On November 3 the Verkhovna Rada adopted the Law «On amendments to some laws of Ukraine on strengthening the guarantees of rights and freedoms of internally displaced persons» (No. 2166).

The document, in particular, the law «On ensuring the rights and freedoms of internally displaced persons» found that internally displaced person is citizen of Ukraine, foreigner or person without citizenship residing on the territory of Ukraine on legal grounds and having the right of permanent residence in Ukraine, forced to leave or to leave their place of residence as a result of or in order to avoid the negative effects of armed conflict, temporary occupation, widespread violence, human rights violations and emergency situations of natural or technogenic character.

We will remind, the territory Russia annexed the Crimea and the area of the ATO in the Donetsk and Lugansk regions to other regions of Ukraine relocated more than one million people.




Rada amended the law on strengthening safeguards to displaced persons 25.12.2015

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