On December 11, the Verkhovna Rada of Ukraine registered the Draft Law “On Amendments to Article 5 of the Law of Ukraine “On the Status of Mountainous Settlements in Ukraine” regarding the Protection of the Rights of Internally Displaced People”.
These changes were initiated by seven IDP Councils from Lviv, Zakarpattia, Ivano-Frankivsk and Chernivtsi regions. Based on the results of the Western Ukrainian Forum of IDP Councils (2024), they prepared a joint appeal of IDP Councils to ensure that internally displaced people enjoy the right to use the benefits provided by law in mountainous settlements. The Temporary Special Commission of the Verkhovna Rada of Ukraine processed the appeal and submitted a draft law for consideration.
We explain how these changes will affect the lives of internally displaced people in mountainous communities.
What is a mountainous settlement?
There are more than 700 settlements in Ukraine that have the status of mountainous. This status is determined by three factors:
- location in a mountainous area;
- insufficient development of the employment sector and social services;
- limited transport accessibility.
Why is this draft law necessary?
People who permanently live, work or study at full-time educational institutions in a mountainous settlement have the status of a person who lives and works (studies) in a settlement that has been granted the status of a mountainous settlement. They can enjoy social guarantees and benefits.
In particular, the amount of state pensions, scholarships and financial assistance for them is increased by 20%.
There are currently 130,700 internally displaced people living in settlements with mountainous status. They live in the same natural, geographical and social and economic conditions, but sometimes do not have access to the relevant social guarantees and benefits.
Local authorities dismiss internally displaced people and do not take into account the IDP registration certificate, which confirms actual, not registered, place of residence in mountainous settlements.
Why do internally displaced people in mountainous communities have limited access to social protection?
- The norms of the Law of Ukraine “On the Status of Mountainous Settlements in Ukraine” make obtaining the status of a person residing in a mountainous settlement dependent on the fact of “permanent” residence in a mountainous area;
- The national legislation of Ukraine does not contain a definition of “permanent residence”, as well as requirements for its nature and duration.
What does the draft law propose?
To amend Article 5 of the Law of Ukraine “On the Status of Mountainous Settlements in Ukraine”. In the new version, the status of a person living and working (studying) in a mountainous
settlements is granted to citizens:
- who have declared or registered their place of residence in the territory of this settlement
or
- whose actual place of residence (stay) is confirmed by an IDP registration certificate.
The amendments to the Law, proposed in the joint appeal of the IDP Councils, will ensure unimpeded access of internally displaced people living in mountainous communities to the exercise of their rights to proper social protection, including the right to receive benefits.
This explainer is implemented by the Charitable Organization “Charity Foundation Stabilization Support Services” with the support of the United Nations Refugee Agency in Ukraine (UNHCR). The contents of this publication are the sole responsibility of the CO CF SSS and may not reflect the views of the Agency.
The information is relevant as of 13/12/2024.