Recommendations 2022 - Report on the Observance and Protection of Human and Civil Rights and Freedoms in Ukraine in 2022

RIGHTS OF CITIZENS AFFECTED BY THE ARMED AGGRESSION AGAINST UKRAINE

The Verkhovna Rada of Ukraine should ensure consideration and adoption of:

draft Law “On Amending Article 20 of the Law of Ukraine ‘On the Unified State Demographic Register and Documents Certifying Ukrainian Citizenship, Identity Documents or Documents on the Special Status’ regarding Benefits to Certain Categories of Ukrainian Citizens Issued a Passport of a Citizen of Ukraine or a Foreign Travel Passport of a Citizen of Ukraine for the Period of Martial Law” (registration No. 7358 of 09.05.2022).

The Cabinet of Ministers of Ukraine should:

- develop and submit to the Verkhovna Rada of Ukraine for consideration the draft law on the legal status of the persons affected by the armed aggression against Ukraine by defining the concept of the “person affected by the armed aggression against Ukraine” and categories of the persons affected by the armed aggression of the RF as well as the mechanism for compensation for the damage, including restitution, compensation, rehabilitation, satisfaction and guarantees of no recurrence;

- develop the algorithm for returning the children deported into the territory of the RF and/or Republic of Belarus into Ukraine, and develop the procedure for the mechanism of interaction between public authorities and local self-government bodies for priority activities of social protection of children after their return;

- ensure creation of the mechanism for collecting and verifying data on civilians who have been forcibly displaced into the TOT of Ukraine or deported to the RF;

The Ministry of Social Policy of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft act on the mechanism for pension coverage of persons from the temporarily occupied territory of the AR Crimea and city of Sevastopol;

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft resolution on amending the Procedure for Executing and Issuing a Certificate of Registration of an Internally Displaced Person approved by Resolution of the Cabinet of Ministers of Ukraine No. 509 of 01.10.2014, in order to determine the scope of necessary documents to confirm the fact of internal displacement;

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft resolution on amending the Procedure for Granting Assistance to Internally Displaced Persons approved by Resolution of the Cabinet of Ministers of Ukraine No. 332 of 20.03.2022, as regards cancellation of the random check of the actual place of residence/stay of IDPs;

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft resolution on enabling the IDPs who had received a registration certificate before 24.02.2022 to be issued a pension certificate in hard copy;

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the Procedure for interaction of the public authorities, institutions and organisations to ensure protection and support of the children who have been forcibly displaced to the temporarily occupied territory of Ukraine or deported to the territory of the RF or Republic of Belarus, and have returned to the territory controlled by the Government of Ukraine.

The Ministry of Reintegration of Temporarily Occupied Territories of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the amendments to the Strategy for Integrating Internally Displaced Persons and Implementing Mid-Term Solutions for Internal Displacement until 2024 approved by Ordinance of the Cabinet of Ministers of Ukraine No. 1364-р of 28.10.2021, in order to update the document in connection with the need to respond to the consequences of the broad-scale armed aggression against Ukraine, or adopt the new strategy with account of the recommendations given in the Special Report of the Commissioner on the Observance of the Rights of Persons Affected by the Armed Aggression of the Russian Federation for the Period (from 24 February to 31 October 2022);

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft act on the centralised (model) algorithm for IDPs’ accommodation in CoSs, definition of the CoS and clear procedure for their operations;

- ensure engagement of international organisations and other agents into identification of the persons deported from the territories of Ukraine, including children, into the territory of the RF, and the persons forcibly displaced to the TOT, in order to make it possible to return them to the territory controlled by the Government of Ukraine or to move to safe third countries.

The Ministry for Communities and Territories Development of Ukraine, the Ministry of Reintegration of Temporarily Occupied Territories of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft act on releasing the persons who have been forced to leave their accommodation as a result of the armed aggression against Ukraine from paying thermal energy supply bills if such accommodation is located in the territories where there are (have been) hostilities or which are temporarily occupied by the RF;

- take actions to observe the IDPs’ right to housing, including in the context of construction of new housing, minor repairs of residential buildings, and overhaul or reconstruction of residential buildings;

- take actions to develop and approve the State Targeted Programme for Provision of Accommodation to IDPs.

The Ministry of Digital Transformation Ukraine, the Ministry of Reintegration of Temporarily Occupied Territories of Ukraine should take actions to modify functions at Diia Portal, including its mobile application, and add the function of:

- submission of the information notice of the property damaged and destroyed since 19.02.2014;

- assessment of current needs of IDPs and transfer of information to corresponding public authorities.

The Ministry of Education and Science of Ukraine, the Ministry of Reintegration of Temporarily Occupied Territories of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft law on introducing the mechanism for recognition of qualifications, academic results and periods of education of graduates from the TOT of Ukraine who started to obtain higher and vocational education in the temporarily occupied territory, regardless of the date of the start of temporary occupation of the respective territory;

- amend the Procedure for certification to recognise qualifications, academic results and periods of education in the higher education system in the TOT of Ukraine after 20.02.2014 approved by Order of the MES No. 537 of 19.05.2016, in order to bring it in line with the Law of Ukraine “On Ensuring Rights and Freedoms of Citizens and Legal Regime in the Temporarily Occupied Territory of Ukraine” and implement it.

RIGHTS OF CHILDREN

The Verkhovna Rada of Ukraine should ensure consideration and adoption of:

- draft Law of Ukraine “On Child-Friendly Justice” (registration No. 5617 of 04.06.2021) with account of the Commissioner’s proposals;

- draft Law of Ukraine “On Amending the Code of Ukraine on Administrative Offences, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine in Terms of Child-Friendly Justice” (registration No. 5618 of 04.06.2021) with account of the Commissioner’s proposals.

The Cabinet of Ministers of Ukraine should:

- develop and approve the Programme for Complex Social and Psychological Rehabilitation of the Children Affected by Military Actions and Armed Conflicts for 2023-2028, which must provide for conditions for rehabilitation in the field of healthcare, psychological, pedagogical rehabilitation and integration of the children affected by military actions and armed conflicts;

- ensure implementation of the recommendations of the UN Committee on the Rights of the Child given in the Concluding observations on the combined fifth and sixth periodic reports of Ukraine on implementation of the Convention on the Rights of the Child.

The Ministry of Social Policy of Ukraine should:

- develop the draft resolution on amending the Procedure for Granting and Paying the State Assistance to Families with Children approved by Resolution of the Cabinet of Ministers of Ukraine No. 1751 of 27 December 2001 in order to regulate the matter of receiving the financial birth assistance for the child born in the temporarily occupied territory of Ukraine and registered after the deadline set for granting such assistance.

The Ministry of Education and Science of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration amendments to the Action Plan for Implementation of the Safe Schools Declaration approved by Ordinance of the Cabinet of Ministers of Ukraine No. 898-р of 4 August 2021, and expand its coverage to the entire territory of Ukraine;

- develop measures to grant assistance to the children who temporarily study abroad due to displacement, regarding combination of their studies under the educational programme of the country of their stay and the educational programmes approved by the MoH;

- consider regulation of educational programmes with account of remote studies and the need to support children with special educational needs in order to give them quality and compulsory knowledge, abilities and skills.

The Ministry of Education and Science of Ukraine, the Ministry of Health of Ukraine, the Ministry of Social Policy Ukraine, the oblast military administrations, and the local self-government bodies should:

- with due consideration of special circumstances of organisation of the educational process, operation of healthcare institutions, social protection facilities during the martial law, focus their efforts on meeting the legislative requirements for the equipment, adequate maintenance and readiness of intended use of civil protection facilities, determining additional demand for such facilities and funding construction of new facilities, reconstruction, overhaul, re-equipment of the existing civil protection facilities, and providing necessary material and technical resources thereto.

The Ministry of Internal Affairs of Ukraine should:

- ensure creation of the spaces favourable for work with the children who have fallen victim to violence or committed an offence (‘green rooms’), and training of the specialists who work with such children.

The Ministry of Health of Ukraine should:

- revise and update the forms of the individual rehabilitation programme for persons with disabilities, children with disabilities and the Procedure for execution thereof approved by Order of the Ministry of Health of Ukraine No. 623 of 08.10.2007, registered with the Ministry of Justice of Ukraine on 19 October 2007 under No. 1197/14464;

- ensure prosthetic care of the children who have lost their extremities as a result of landmine, explosive and gunshot injuries and, where necessary, rehabilitation of each child with complex combined traumas, polytraumas with complications;

- take efficient response measures to introduce ORPHANET as a national classifier of rare (orphan) diseases in Ukraine and to create the network of reference centres for rare (orphan) diseases;

- together with the OMA, tighten control over provision of children suffering from rare (orphan) diseases with medicines and foods at their place of residence or treatment.

HUMAN RIGHTS IN THE SECURITY AND DEFENCE SECTOR

The Cabinet of Ministers of Ukraine should:

amend Resolution of the Cabinet of Ministers of Ukraine No. 257 of 11.03.2022 in order to include the Secretariat of the Ukrainian Parliament Commissioner into the Coordination Headquarters for the Treatment of Prisoners of War in order to ensure adequate operation of the working group responsible for protecting rights of freedoms of the civilians who are illegally detained by the aggressor state;

- adopt draft Resolution of the Cabinet of Ministers of Ukraine “On Designating the Authority Competent to Issue Certificates of the Amount of Monetary Support for Recalculation of Pensions to the Junior and Senior Personnel of Tax Police, and Preparing and Submitting Necessary Documents to the Pension Granting Authorities”, which is prepared by the Ministry of Finance of Ukraine and submitted to the Government for consideration in accordance with the established procedure.

The Ministry of Defence of Ukraine should:

- prepare and submit to the Cabinet of Ministers of Ukraine for consideration, in accordance with the established procedure, the draft Law on dismissal of the military servants who are illegally conscripted as a part of mobilisation during the martial law and are students at pre-higher and higher education institutions on a full-time basis;

- regulate activities of the military medical commissions, bring the premises where medical examination of military servants, including the ones who return from captivity and have severe injuries, in line with the requirements. Ensure adequate control over medical examination of the persons conscripted during the mobilisation by the military medical commissions.

The Ministry of Health of Ukraine should:

- immediately develop draft Procedures for medical, rehabilitation and psychological aid and submit them for public hearing; consider proposals made by representatives of the civil society and approve the procedure.

The Ministry of Defence of Ukraine, Ministry of Health of Ukraine should, with account of the applicable requirements of the Ministry of Defence of Ukraine for meals for injured (sick) military servants, prepare and duly approve the amendments to Order of the Ministry of Health of Ukraine No. 931 of 29.10.2013, which approves the Procedure for Organising the System of Therapeutic Meals for Patients in Healthcare Institutions, in order to determine individual nutritional standards for inured (sick) military servants released from captivity who undergo treatment or rehabilitation in civil healthcare institutions.

The Ministry of Social Policy of Ukraine should ensure the following:

- resumption of the work by the Interdepartmental Working Group on monetary and pension coverage of military servants;

- full-scale implementation of Resolution of the Cabinet of Ministers of Ukraine No. 144 of 23.02.2022 “On Recalculating Pensions to the Persons Released from the Intelligence Authorities” by submitting the draft Resolution of the Cabinet of Ministers of Ukraine “On Amending Resolution of the CMU No. 144 of 23 February 2022” to the Government for approval;

- immediate development and submission to the Cabinet of Ministers of Ukraine for consideration draft procedures for social and professional adaptation, social services and other types of support under the Law of Ukraine “On Social and Legal Protection of Persons Who Were Recognised as Deprived of Personal Liberty due to the Armed Aggression against Ukraine, and Their Family Members”.

The Ministry of Internal Affairs of Ukraine should:

- ensure maintenance of the Unified Register of Persons Missing due to Special Circumstances;

- develop and submit to the Cabinet of Ministers of Ukraine for consideration amendments to the Law of Ukraine “On Social and Legal Protection of Military Servants and Their Family Members” regarding grounds for payment of one-time monetary assistance upon dismissal;

- approve and have duly registered with the Ministry of Justice of Ukraine the draft Order of the MIA “On Certain Matters of Health Resort Treatment and Rest in the National Guard of Ukraine”.

The Ministry of Foreign Affairs of Ukraine should:

- ensure that actions are taken to determine the protective power for humanitarian functions as prescribed by the Geneva Conventions of 1949 and I Protocol of 1977, and also determine (explain) the mechanism for Ukraine to perform its consular functions in the territory of the aggressor state in order to keep protecting rights and interests of Ukrainians in Russia, in the first place, regarding their return to Ukraine.

The Ministry of Reintegration of Temporarily Occupied Territories of Ukraine should:

- ensure maintenance of the Unified Register of Persons Who Were Recognised as Deprived of Personal Liberty due to the Armed Aggression against Ukraine, and approve the form of an extract from the Unified Register of Persons Who Were Recognised as Deprived of Personal Liberty due to the Armed Aggression against Ukraine.

UKRAINIANS ABROAD

The Cabinet of Ministers of Ukraine should:

- develop and introduce the mechanism for consular registration of the Ukrainian citizens abroad via Diia electronic service.

The Ministry of Foreign Affairs of Ukraine should:

- ensure that the number of employees of diplomatic and consular missions is increased for the period of martial law in the countries where there are most displaced Ukrainian citizens;

- expand cooperation with representatives of the Ukrainian Parliament Commissioner abroad in order to ensure interaction during protection of rights and interests of Ukrainian citizens abroad.

The Ministry of Social Policy of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft resolution on amendments to the Procedure for the Activities of the Wardship and Guardianship Authorities Associated with Protection of the Child’s Rights approved by Resolution of the Cabinet of Ministers of Ukraine No. 866 of 24 September 2008 in terms of assigning wardship/guardianship of the child if the child with the respective status and the citizen who has resolved to take care of the child in his or her family stay/reside outside Ukraine, in particular, in connection with their departure abroad during the martial law;

- enable the Ukrainian citizens to submit documents necessary to obtain assistance for birth of the child with the foreign birth certificate, from abroad.

The State Migration Service of Ukraine should expand the network of standalone units of the State Enterprise “Document” in Lithuania, Latvia and Estonia, other states of the European Union in order to issue passports of a citizen of Ukraine.

SOCIAL STATE

The Verkhovna Rada of Ukraine should ensure consideration and adoption of:

- draft Law of Ukraine “On Protection of Consumer Rights” (registration No. 6134 of 05.10.2021);

- draft Law of Ukraine “On Paying the One-Time Monetary Assistance for Life and Health Damage due to the Injury or Death Caused by the Military Aggression against Ukraine during Public Service, Performance of Duties at Critical Infrastructural Facilities, and Professional Journalist Activities” (registration No. 7353 of 05.05.2022);

- draft Law of Ukraine “On Amending the Law of Ukraine ‘On Culture’ as to Introduction and Maintenance of Electronic Registers of Recording and Managing Cultural Heritage and Cultural Values of Ukraine” (registration No. 8024 of 12.09.2022);

- draft Law of Ukraine “On Amending the Law of Ukraine ‘On Compulsory State Pension Insurance’ regarding Granting of Pensions to the Persons Residing in the Temporarily Occupied Territory or the Area of Hostilities” (registration No. 8198 of 10.11.2022).

The Cabinet of Ministers of Ukraine should:

- approve the draft Resolution of the Cabinet of Ministers of Ukraine “On Approving the Methodology for Forming the Price of Purchasing Plasma for Fractioning from State-Owned and Communal Blood System Entities”;

- approve the draft Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Minimum State Standards of Providing Cultural Services to the Public”;

- submit to the Verkhovna Rada of Ukraine the draft Law of Ukraine developed by the Ministry of Social Policy “On Amending the Law of Ukraine ‘On Compulsory State Pension Insurance’ and Some Other Laws of Ukraine as to Proportional Calculation of the Pensionable Service for the Persons Working Outside Ukraine” regarding granting of persons to the persons who worked both in Ukraine and abroad in connection with denunciation of the Agreement on the Guarantees of Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of Pension Coverage of 13 March 1992;

- approve the draft Resolution of the CMU developed by the Ministry of Social Policy on amending Resolution of the Cabinet of Ministers of Ukraine No. 261 of 02 April 2005 “On Approving the Procedure for Granting and Paying the State Social Assistance to the Persons Not Eligible for the Pension and Persons with Disabilities, and State Social Assistance for Care” regarding simplification of the procedure for granting this assistance in connection with the military aggression of the Russian Federation;

- adopt time resolutions to allocate funds from the State Budget of Ukraine with a view to repaying arrears in pensions under court decisions, and implementing the programmes related to social protection.

The Ministry of Agrarian Policy and Food of Ukraine should develop the new Procedure for Estimating and Compensating for Losses to Land Owners and Land Users, which will regulate the matters of establishment and operations of the commissions as to estimation of and compensation for losses to land owners and land users.

The Ministry of Economy of Ukraine should take measures to complete the procedure for approving and signing the draft Order “On Amending Order of the Ministry of Economic Development, Trade and Agriculture No. 2161 of 27 October 2020”.

The Ministry of Culture and Information Policy of Ukraine should take measures to implement the Priority Directions and Tasks of Digital Transformation until 2023 approved by Ordinance of the Cabinet of Ministers of Ukraine No. 365-р of 17 February 2021 “Certain Issues of Digital Transformation”.

The Ministry for Communities, Territories and Infrastructure Development of Ukraine should develop and submit to the Cabinet of Ministers of Ukraine for consideration:

- draft Law of Ukraine “On Assisting Affected Investors in Completion of Problematic Apartment Residential Construction Objects”;

- draft Law of Ukraine on amending the Law of Ukraine “On the Housing and Utility Services” regarding the prohibition to terminate/suspend provision of housing and utility services to the population in case the are not paid at all or in full during the martial law in Ukraine;

The Ministry for Communities, Territories and Infrastructure Development of Ukraine and the Ministry of Internal Affairs of Ukraine should ensure that meetings of the Interdepartmental Working Group on assisting affected investors in completion of problematic apartment residential construction objects are held, and to ensure that the members of this Interdepartmental Working Group arrive at the meetings in accordance with the Regulation on the Interdepartmental Working Group on assisting affected investors in completion of problematic apartment residential construction objects¹.

The Ministry of Social Policy Ukraine should draft legal and normative acts in order to resolve issues as to:

- suspension of the 3-month period for submission of documents on granting the pension to the persons whose pensionable service for their work abroad is confirmed under international treaties, and amendments to these treaties to set time frames for provision of documents on confirmation of the pensionable service in the territory of the respective state;

- granting of state social assistance and housing subsidies during the martial law to the persons who have lost their job or whose employment relations have been suspended temporarily.

The Ministry of Social Policy of Ukraine and the Pension Fund of Ukraine should develop the acts in order to resolve the matter of practical exercise of the right of to pension coverage via the web-portal of the PFU was not resolved for the citizens who were abroad in connection with the full-scale invasion by the Russian Federation, in the temporarily occupied territories of Ukraine or territories with hostilities;

The Ministry of Health of Ukraine should:

- approve the Order “On Approving the Methodology for Calculating the Value of Donor Blood and Blood Components Produced by the Blood System Entities, to Ensure Provision of Blood and/or Blood Component Transfusion Services”;

- amend point 3 of Section II of the Regulation on the Clinical Expert Commission of the Ministry of Health of the Autonomous Republic of Crimea, structural subdivisions in the field of healthcare of the oblast, Kyiv and Sevastopol city state administrations approved by Order of the Ministry of Health of Ukraine No. 69 of 05.02.2016 “On Organising the Clinical and Expert Assessment of Quality of Medical Aid and Medical Services” registered with the Ministry of Justice of Ukraine on 24 February 2016 under No. 286/28416, in particular, to extend the time frames for consideration of cases in individual cases, regulate operations of the commissions in case of active hostilities and associated consequences that prevent their work;

- to amend the Resolutions of the Cabinet of Ministers of Ukraine regarding establishment of the cause of the civilian’s disability as a result of the injury, shell shock, mutilation, disease due to the military aggression of the Russian Federation against Ukraine.

The Ministry of Education and Science of Ukraine should:

- approve the Regulation on the Dual Form of Higher and Professional Pre-Higher Education;

- develop recommendations on spreading the practice of obtaining professional (vocational), professional pre-higher and higher education in dual form;

- amend Order of the MES No. 466 of 25.04.2013 “On Approving the Regulation on Distance Education” in order organise distance education as a form of obtaining vocational (technical), professional pre-higher and higher education.

Ministry of Finance of Ukraine should:

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft Law of Ukraine on amending the Customs Code of Ukraine to resolve the matter of suspending the time frames for temporary import of vehicles by the Ukrainian citizens for personal use until the martial law, the state of emergency in the territory of Ukraine is terminated or cancelled, and also to give the customs authorities the right to permit transfer of the right to use the temporary import regime for the vehicles for personal use to any other person upon request of the person responsible for complying with the customs regime of temporary import, provided that the other person assumes the obligations of the person responsible for complying with the customs regime of temporary import;

- provide for amounts to repay debt under the court decisions associated with employment relations in the Budget Declaration and the State Budget on an annual basis;

- develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft law on amendments to the Final Provisions of the Law of Ukraine “On the State Guarantees of Enforcement of Court Decisions” in terms of repayment of debt under the court decisions associated with employment relations as the first priority.

The Ministry for Communities, Territories and Infrastructure Development of Ukraine and the Ministry of Economy of Ukraine should draft the procedure for the local self-government bodies to exercise their authority of control over compliance with the labour legislation at enterprises, institutions and organisations communally owned by the corresponding territorial community.

The State Inspectorate for Architecture and Urban Development of Ukraine should development amendments to point 7¹ of the Procedure for State Architectural and Construction Control approved by Resolution of the Cabinet of Ministers of Ukraine No. 553 of 23 May 2011, in terms the Commission’s meetings held to consider applications in the field of urban development as a video conference, and introduce such changes into the Commission’s work.

The Board of the National Bank of Ukraine should amend its Resolution No. 18 of 24.02.2022 “On Operations of the Banking System during the Martial Law” regarding automatic extension of bank cards by banks during the martial law.

The National Rehabilitation Commission should meet the deadlines established by the legislation for review and decision-making on the issues of recognising persons as exonerated or victims of repressions as well as time frames for sending resolutions of the commission to the applicants.

ENSURING EQUAL RIGHTS AND FREEDOMS

The Verkhovna Rada of Ukraine should ensure consideration and adoption of:

- draft Law of Ukraine “On Amending the Code of Ukraine on Administrative Offences and the Criminal Code of Ukraine to Combat the Manifestations of Discrimination” (registration No. 5488 of 13.05.2021);

- draft Law of Ukraine “On Amending the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men” As Regards the Definition of Sexism” (registration No. 4598-1 of 02.02.2021);

- draft Law of Ukraine “On Amending Certain Laws of Ukraine As Regards Addressing the Issue of Response, Prevention and Combatting the Manifestations of Discrimination on the Grounds of Sex and Sexual Harassment Among the Military” (registration No. 5485 of 13.05.2021);

- initiate amendments to the Electoral Code of Ukraine to promote the enjoyment of the electoral right by illiterate citizens, in particular by Roma.

The Cabinet of Ministers of Ukraine should:

- ensure that the recommendations given by the UN Committee on the Elimination of Discrimination against Women in its Concluding observations on the ninth periodic report of Ukraine are followed;

- develop and submit to the Verkhovna Rada of Ukraine the draft law on stricter liability for gender-based violence, in particular, on introduction of administrative liability for sexual harassment;

- develop and submit to the Verkhovna Rada of Ukraine for consideration the draft Law of Ukraine on ratification of Convention of the International Labour Organisation concerning the elimination of violence and harassment in the world of work No. 190;

- develop and submit to the Verkhovna Rada of Ukraine the draft Law of Ukraine on amending the Law of Ukraine “On the Principles of Prevention and Countering Discrimination in Ukraine” concerning the supplementing of the definition of the term “discrimination” with the aspects of discrimination on the grounds of sexual orientation and gender identity;

- develop and approve the State Target Social Programme for Combating Trafficking in Human Beings for the Period Until 2025;

- approve the Action Plan for the Implementation of the Strategy for Promoting the Enjoyment of Rights and Opportunities of Persons Belonging to the Roma National Minority in the Ukrainian Society for the Period Until 2030.

The Prosecutor General’s Office should amend the Code of Professional Ethics and Conduct of Public Prosecutors in order to include the clauses on prevention of gender-based discrimination and sexual harassment at the work place.

The Ministry of Social Policy of Ukraine should:

- amend the Law of Ukraine “On Countering Trafficking in Human Beings” to include the local self-government bodies into the list of the entities that take actions to counter trafficking in human beings;

- ensure implementation of the measures provided for in the State Social Programme for Preventing and Combating Domestic Violence and Gender-Based Violence for the Period Until 2025 as approved by the Resolution of the Cabinet of Ministers of Ukraine No. 145 of 24.02.2021.

The Ministry of Justice of Ukraine should develop and submit to the Verkhovna Rada of Ukraine for consideration the draft law on the legalisation of registered civil partnerships in Ukraine for same-sex couples with regulation of their property rights and non-property rights.

The Ministry of Foreign Affairs of Ukraine should consider provision of consular services to Ukrainian citizens in the territory of the RF via a third-country consular institution.

The National Police of Ukraine should develop and submit to the Cabinet of Ministers of Ukraine for consideration the draft law on amending the Law of Ukraine “On the Disciplinary Charter of the National Police of Ukraine” in order to include the clauses on prevention of gender-based discrimination and sexual harassment at the work place.

The State Service of Ukraine for Ethnic Policy and Freedom of Conscience, the Ministry of Culture and Information Policy should submit for public discussion and approval the draft Action Plan for the Implementation of the Strategy for Promoting the Enjoyment of Rights and Opportunities of Persons Belonging to the Roma National Minority in the Ukrainian Society for the Period Until 2030.

The National Social Service of Ukraine should:

- ensure training on countering trafficking in human beings, including as regards detection and organisation of aid to the persons who have been held captive by the occupying army;

- ensure training on prevention of and counteraction to domestic violence, including as to coordination of the entities responsible for prevention of and counteraction to domestic violence during the martial law and deoccupation of certain parts of the territory of Ukraine.

The State Migration Service of Ukraine should:

- develop and submit to the Minister of Internal Affairs for consideration the draft Law of Ukraine on amending the Law of Ukraine “On the Citizenship of Ukraine” in order to eliminate legislative collisions and gaps that make it impossible to complete the procedure for acquisition of the Ukrainian citizenship by the citizens of the RF who have received the temporary certificate of the Ukrainian citizenship as prescribed by the law;

- ensure simplification of the procedure for obtaining the status of a stateless person in terms of collection and submission of documents;

- develop and submit to the Minister of Internal Affairs the draft resolution of the Cabinet of Ministers of Ukraine on regulation of legality of stay in the territory of Ukraine for the citizens of the Republic of Belarus who came to Ukraine from 2020 to 2022 as they fled prosecution of Lukashenko’s regime, by initiating the corresponding resolution of the Cabinet of Ministers of Ukraine.

The oblast state administrations, the Kyiv City State Administration, local self-government bodies should:

- ensure control over provision of information on submission of the application for the status of a victim of trafficking in human beings for the persons who have been held captive by the occupying army;

- ensure creation and operation of specialised victim support services with account of deoccupation of certain parts of the territory of Ukraine.

IMPLEMENTATION OF THE NATIONAL PREVENTIVE MECHANISM AND HUMAN RIGHTS IN PLACES OF CUSTODY

The Office of the President of Ukraine should bring the Regulation on the Procedure for Granting Parole approved by Decree of the President of Ukraine No. 223/2015 of 21.04.2015 (as amended) in line with the Law of Ukraine No. 2689-IX of 18.10.2022 “On Amending Certain Legislative Acts as to Enforcement of Judgements of the European Court of Human Rights”.

The Ministry of Health of Ukraine should:

- develop and approve an order to regulate the procedure for physical examination during hospitalisation and stay in psychiatric care facilities, for interviews about injuries and documentation of injuries, as well as notifying the respective law enforcement agencies thereof;

- develop and approve the procedure for applying physical restraint and (or) isolation in providing psychiatric care to persons suffering from mental disorders, and forms of primary records in psychoneurological care homes;

- develop and issue on order to approve the form and ensure keeping of the Log of the bodily injuries detected upon arrival and during stay of such detainees in the places of custody of the MoH system, forms of the survey about bodily injuries and registration thereof as well as notification of corresponding law-enforcement authorities thereof;

- take organisational actions to ensure control over the provision of necessary somatic treatment of patients who have been receiving treatment in psychiatric care and social protection facilities for a long time;

- ensure the placement, in social protection institutions and psychiatric care institutions, of information in an accessible form about the rights of persons with disabilities, hotline numbers, phone numbers of officials, including the Commissioner, and free legal aid centres to which a person with mental disorders can turn.

The Ministry of Social Policy of Ukraine should:

- develop and issue on order to approve the form and ensure keeping of the Log of the bodily injuries detected upon arrival and during stay of such detainees in the places of custody of the MSP system, forms of the survey about bodily injuries and registration thereof as well as notification of corresponding law-enforcement authorities thereof;

- ensure that the social protection facilities obtain a medical practice licence;

The Ministry of Justice of Ukraine should:

- develop and approve departmental legal and normative acts on the implementation of the provisions of the United Nations Guidelines on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) to ensure proper documentation of cases of torture and other cruel degrading treatment and punishment;

- develop and duly submit to the Cabinet of Ministers of Ukraine for consideration the draft law on amending the CrPCU regarding additional regulation of time limits and procedure for appeal against a court ruling on discharge of convicted persons from punishment due to the disease in accordance with Article 84(2) of the Criminal Code of Ukraine;

- take comprehensive measures to arrange barrier-free environment in places of custody in accordance with the provisions of DBN of Ukraine В.2.2-40:2018 — Inclusiveness of Buildings and Structures;

- ensure the filling of vacancies at the medical units of State Institution “Healthcare Centre of the State Criminal Enforcement Service of Ukraine”;

- take organisational measures to ensure control with a view to preventing the spread of contagious diseases among prisoners and convicts.

The Ministry of Internal Affairs of Ukraine should:

- develop and approve the implementation of standards for the provision of persons at TDF with bed clothing, tableware, soap and synthetic detergents, as well as medical equipment and other consumables.

The oblast military administrations, Kyiv City (Military State Administration), and Kyiv City Council:

- take organisational measures to ensure control in subordinated psychiatric care facilities over the use of fixation straps during physical restraint of patients/wards;

The Ministry of Education and Science of Ukraine should:

- develop and issue on order to approve the form and ensure keeping of the Log of the bodily injuries detected upon arrival and during stay of such detainees in the places of custody of the MES system, forms of the survey about bodily injuries and registration thereof as well as notification of corresponding law-enforcement authorities thereof;

The Ministry of Defence of Ukraine, the Security Service of Ukraine, the State Bureau of Investigation, and the State Judicial Administration should take comprehensive measures to arrange barrier-free environment in places of custody in accordance with the provisions of DBN of Ukraine В.2.2-40:2018 — Inclusiveness of Buildings and Structures.

The State Institution “Healthcare Centre of the State Criminal Enforcement Service of Ukraine” should:

- ensure the filling of vacancies at the medical units of State Institution “Healthcare Centre of the State Criminal Enforcement Service of Ukraine”;

- take organisational measures to ensure control with a view to preventing the spread of contagious diseases among prisoners and convicts.

The Coordination Centre for Legal Aid Provision should take organisational measures to ensure control over proper provision of free primary and secondary legal aid to detainees and persons held in places of custody.

RULE OF LAW AND ACCESS TO JUSTICE SPECIALIST

The Verkhovna Rada of Ukraine should ensure consideration and adoption of:

- draft Law of Ukraine “On Amending Certain Legislative Acts as to Resolution of the Issue of Excessive Duration of Civil, Economic and Administrative Proceedings” (registration No. 8083);

- draft Law of Ukraine “On Amending Section XII ‘Final and Transitional Provisions’ of the Law of Ukraine ‘On the Judiciary and Status of Judges’ regarding Administration of Justice during Martial Law” (registration No. 8168);

- draft Law of Ukraine “On Amending the Criminal Procedure Code of Ukraine as regards Gradual Introduction of the Unified Judicial Information and Telecommunication System” (registration No. 8219).

The Committee of the Verkhovna Rada of Ukraine on Legal Policy should initiate development and submission to the Verkhovna Rada of Ukraine for consideration amendments to the Code of Administrative Procedure of Ukraine, the Civil Procedure Code Ukraine and the Economic Procedure Code of Ukraine regarding judicial proceedings during martial law or state of emergency in terms of resumption and extension of procedural time limits during martial law and state of emergency.

The Ministry of Justice of Ukraine should develop and submit to the Cabinet of Ministers of Ukraine of Ukraine for consideration the draft law on amending the Law of Ukraine “On the Authorities and Persons in Charge of Enforcement of Court Decisions and Decisions of Other Authorities” by revoking point 61(3) of Section IV “Final and Transitional Provisions”.

The State Judicial Administration should draft the legal and normative act on transfer of court cases from the courts located in the areas of hostilities whose territorial jurisdiction has been changed.

The Prosecutor General’s Office should:

- request and examine information on the persons held in custody in the state institutions “Mykolaiv pre-trial detention centre”, “Cherkasy pre-trial detention centre”, “Zaporizhzhia pre-trial detention centre” in the criminal proceedings materials of which have been lost, and ensure submission of motions to restore the lost materials of the criminal proceedings in order to eliminate and prevent violation of their rights to a fair trial within a reasonable time and personal liberty;

- organise reviews of compliance with the law by the prosecution authorities during consideration by the designated officials of statements and reports on unlawful actions of the law enforcement officers during the martial law with signs of criminal offences in 2022;

- amend the Regulation on the Operating Procedure of the Designated Authority in Charge of Disciplinary Proceedings (as adopted by the Ukrainian conference of public prosecutors on 28.08.2021), which should provide for the mechanism for informing the Commissioner of activities of the members of the Qualification and Disciplinary Commission of Public Prosecutors appointed based on his quota.

INFORMATION RIGHTS

Right to access information and right to petition

The Verkhovna Rada of Ukraine should:

- modify the draft law “On Amending the Law of Ukraine ‘On Petitions of Citizens’ Concerning the Exercise of the Constitutional Right to Petition by Persons Recognised as Legally Incapable by Court” (registration No. 1186 of 29.08.2019) aimed at implementing Decision of the Constitutional Court of Ukraine No. 8-р/2018 of 11 October 2018 in the case of a constitutional petition of the Ukrainian Parliament Commissioner for Human Rights on compliance with the constitutionality of certain provisions of Article 8(2), the second sentence of Article 16(4) of the Law of Ukraine “On Petitions of Citizens” (the case on petitions of persons recognised as legally incapable by court);

- resume the work to develop amendments to the Law of Ukraine “On Access to Public Information” in connection with the ratification and entry into force of the Council of Europe Convention on Access to Official Documents and the circumstances resulting from the legal regime of martial law.

The Ministry of Infrastructure Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Defence of Ukraine, the National Social Service Ukraine, the Ministry of Environmental Protection and Natural Resources of Ukraine should approve and publish the schedule of personal reception of citizens by the head of the central executive authority in order to observe the citizens’ constitutional right to petitions and response.

The Ministry of Economy of Ukraine, the National Commission for State Regulation of Energy and Public Utilities, the State Customs Service of Ukraine should resume personal reception of citizens as guaranteed by Article 40 of the Constitution of Ukraine and the derivative right to personal reception by heads of power entities during the martial law.

Right to protection of personal data

The Verkhovna Rada of Ukraine should consider and adopt the draft Laws of Ukraine “On Personal Data Protection” (registration No. 8153 of 25.10.2022) and “On the National Commission for Personal Data Protection and Access to Public Information” (registration No. 6177 of 18.10.2021).

The entities in the national cyber security system: The State Service of Special Communications and Information Protection of Ukraine, the National Police of Ukraine, the Security Service of Ukraine, the Ministry of Defence of Ukraine, the General Staff of the Armed Forces of Ukraine, the intelligence authorities and the National Bank of Ukraine should develop and implement the preventive, organisational, educational measures in the field of cybersecurity, cyber defence and cyber protection in order to prevent unauthorised access to personal data, namely in connection with the armed aggression of the Russian Federation against Ukraine.

The Cyber Police Department of the National Police of Ukraine should publish recommendations for citizens online security and protection from fraud.

1 On Establishing the Interdepartmental Working Group on Assisting Affected Investors in Completion of Problematic Apartment Residential Construction Objects: Resolution of the Cabinet of Ministers No. 714 of 12 August 2020.