Presidential decree #732/2024 of October 22, 2024 

Status: in effect since October 22, 2024 

Decision-maker: President of Ukraine 

Who is affected: National Security and Defense Council, Cabinet of Ministers, Office of the Prosecutor General, Security Service, State Bureau of Investigations, National Police, National Anti-Corruption Bureau, Ministry of Health, Pension Fund, National Agency for Corruption Prevention, medical and social expert commissions (MSECs), Ministry of Social Policy, Ministry of Digital Transformation, and State Border Guard Service 

Summary: the decree enacts the decision of the National Security and Defense Council of October 22, 2024, regarding the fight against corruption and other violations during the establishment of disability status for officials. This decision: 

  • recommends that law enforcement agencies take specific measures within a month to identify, investigate, and stop abuses regarding decisions granting disability status to officials, as well as propose personnel and organizational solutions addressing the problem 
  • orders the Cabinet of Ministers to organize working groups to verify decisions by MSECs and report on the results 
  • orders the Cabinet of Ministers to develop the following regulatory acts: 
    • in cooperation with the Ministry of Health — on the urgent reform of the medical social expertise system in Ukraine, specifically the elimination of the MSECs by December 31, 2024 
    • in cooperation with the Ministry of Social Policy — on reviewing the system and mechanisms for calculating pensions for officials with disabilities 
    • in cooperation with the Office of the Prosecutor General — to optimize the rules for calculating salaries and pensions for prosecutors and to provide social guarantees for people with disabilities working in the prosecution bodies. Additionally, a reevaluation of decisions by MSECs that established disabilities for prosecutors is requested 
    • in cooperation with the State Border Guard Service — on the procedure for letting former officials with disabilities to leave Ukraine 
  • the decree also recommends the National Agency for Corruption Prevention to develop and submit (by December 31, 2024) legislative amendments that will introduce criminal liability for MSEC members for illegal enrichment and the option of civil confiscation of their property. 

What is right: to reform the MSECs and transform them into an effective institution is an urgent need for the state. One of the most pressing issues regarding the MSECs is corruption and the inhumane design of the system that is supposed to help people. Bribes for establishing disability, manipulations with documents, and unlawful pension allocations — these are just some of the widespread violations. Therefore, the reform of the MSECs is a necessary step in the fight against corruption and the establishment of social justice, ensuring that state support reaches those who truly need it. 

What is wrong: 

  • a decision of the National Security and Defense Council or a presidential decree is not required to dissolve or reform the MSECs. The Minister of Health has the power to initiate the reform independently since the MSECs are under the authority of the Ministry of Health. The ministry approves their operational standards and methodologies and manages policies regulating medical social expertise 
  • the likelihood that a large-scale reform will be implemented, e.g., that the MSECs will be dissolved or their decisions will be reconsidered, is not high. Given the previous experience with the reform of the military medical commissions facilitated by a presidential decree and its failure to make real difference following official orders and public outrage, there is a risk that the results will be similar. Implementation of such substantial changes requires significant resources, time, well-developed policies, and reevaluation of employees (or the recruitment of new ones) 
  • it is incorrect to use the wording “the President signed a decree to dissolve the MSECs” (as some media have done) because he does not have such authority. The President requested the Cabinet of Ministers to ensure the dissolution of the MSECs, that is, he only initiated the process. Public outrage and official decrees aimed at quickly resolving media-sensitive issues do not contribute to the effectiveness of institutions and blurs the officials’ accountability. In such situations, precision in wording is crucial for understanding the jurisdictions of different state bodies and officials. 

Why this is important: the procedures for establishing disability are opaque and too complex for a layman to understand. As a result, it is hard to appeal against unlawful decisions and people with disabilities who genuinely need help and support face red tape in abundance. At the same time, the change of the name of the institution does not guarantee real changes in a system that has thrived on corruption for years and established close ties with institutions that are supposed to fight this corruption. 

Alternative solution: 

  • to propose specific state policies that can ensure transparency, efficiency, and fairness in the establishment of disability status 
  • to digitalize the submission process as the primary tool for processing and recording medical data concerning disabilities 
  • to utilize modern international standards for assessing the ability to work and disabilities (e.g., the International Classification of Functioning, Disability, and Health) 
  • to distribute functions among various state bodies or delegate part of the powers to independent experts, which will reduce the risk of power abuse. The reform of the MSECs should be gradual and balanced, include reevaluation and retraining of employees. Otherwise, there is always a risk that the old institution will be recreated under a new name.