Draft bill #10256 of November 13, 2023
Cosponsors: Cabinet of Ministers of Ukraine
Status: adopted in full
Who is affected: victims of russian armed aggression against Ukraine, the Ministry of Justice, and the Ministry of Social Policy
Summary:
- a special system will be established to collect and store data on damage caused to individuals’ rights not related to property as a result of aggression by the russian federation against Ukraine. The system will include:
- information about victims, including children who were deported or forcibly relocated
- damage caused to individuals’ rights due to the war
- measures taken to support victims, information on how much money has been spent from government and local budgets or social funds
- a Register of Data on Deported Children will be established:
- the Cabinet of Ministers will have to approve the procedure for creating, maintaining, and accessing information in the register
- the Ministry of Justice will be the holder of the register
- sources of information for the register will include state bodies, local governments, and individuals or organizations reporting deported children
- data on damage caused to individuals due to russian aggression will be included in the system starting from February 19, 2014. This will apply to Ukrainian citizens, foreigners, and stateless persons who were legally present in Ukraine. The system will record cases of:
- death
- disappearance under special circumstances, missing without a trace
- leaving a child without parental care, deprivation of parental rights
- injury or damage to health
- sexual violence related to the armed aggression of the russian federation against Ukraine
- torture, cruel, inhuman, or degrading treatment or punishment
- unlawful detention, illegal imprisonment, captivity, and other forms of deprivation of personal freedom
- human trafficking
- forced labor
- forced relocation, deportation, kidnapping, forced adoption of children
- internal displacement, evacuation
- forced relocation outside Ukraine
- loss of access to medical care, medical services, social services, educational services, and other violations
- information will be filed in the Information Accounting System of Victims:
- automatically: data will be received from other state registers and databases
- via applications from victims: they (or their legal representatives) will submit information about the damage they suffered via Diia
- the holder of the information system concerning damage caused by the russian federation will be the Ministry of Social Policy
- a victim (or their representative) submitting data to the information system about the damage they suffered can consent to having this data transferred to prosecution bodies or criminal investigations
- within a month after the publication of the law, the Cabinet of Ministers will have to:
- ensure the establishment and operations of the Information Accounting System of Victims and define how information will be gradually filed in the system
- develop and submit to the Verkhovna Rada a bill on supporting individuals whose rights not related to property have been infringed due to russian aggression.
What is right: the bill introduces a systematic and coherent accounting of information regarding violations of victims’ rights not related to property.
What is wrong:
- it is unclear how the Accounting System of Victims aligns with the Register of Damage launched by the Council of Europe to account for losses caused by russian aggression against Ukraine
- information from the Register of Deported Children will duplicate information in the Accounting System of Victims
- there is no defined list of services for the registers
- no list of compensation methods for damages is provided, as well as there are no clearly defined timelines for receiving compensations.
Alternative solution:
- to synchronize the Accounting System of Victims with the Register of Damage inflicted by russian aggression against Ukraine
- to define compensation methods and timelines for receiving compensations.