Draft bill #12353 of December 23, 2024 

Sponsor: the Cabinet of Ministers 

Status: sent for review to the Committee on Environmental Policy and Nature Management 

Who is affected: people living in combat zones, the National Police, guardianship and custody authorities, and the Cabinet of Ministers 

Summary: 

  • in peacetime, the General Staff of the Armed Forces will assess which territories may become sites of hostilities or armed conflicts, to plan in advance how to evacuate people, property, and cultural valuables from such areas 
  • during martial law, a mandatory evacuation will be conducted from localities which are situated in areas where hostilities are ongoing or may begin, included in a special list approved by the Cabinet, or temporarily occupied by Russia 
  • decisions on evacuation will be made by oblast and Kyiv city military administrations based on proposals from military command in the respective territory 
  • mandatory evacuation will be general or partial for specific categories of the population (children, persons with disabilities, elderly individuals, and others) at the discretion of oblast or Kyiv city military administrations 
  • if children need to be forcibly evacuated, such decisions will be made by oblast or Kyiv city military administrations, following written proposals from military command, and coordinated with the Coordinating Staff established by the Cabinet, which deals with evacuation and response to population relocations. Decisions will have to be coordinated and made within two days of receiving such proposals 
  • mandatory forcible evacuation will be carried out by guardianship and custody authorities with the involvement of the National Police to ensure public safety and order 
  • if it is required to forcibly evacuate children from a locality situated in a combat zone, the evacuation will be conducted by police with permission from their superiors. Evacuated children will be handed over to guardianship and custody authorities in safe areas, which then determine how to care for the children 
  • people will be allowed to return to the localities from which they were evacuated only with permission from the oblast or Kyiv city military administration. Such a decision will have to be approved by military command following the cessation of hostilities and the establishment of safe living conditions 
  • in areas where hostilities are ongoing or may begin and where mandatory evacuation takes place, restrictions or prohibitions on entry and exit, freedom of movement, transportation, and the presence of individuals in settlements will be established 
  • for localities from which everyone was forcibly evacuated, it will be prohibited to enter or stay there without special permission (a pass or ID) 
  • individuals evacuated from dangerous areas will have the right to receive temporary housing. For this, a special housing fund designated specifically for such cases will be used 
  • during the mandatory forcible evacuation of children, parents or other legal representatives will be required to personally accompany them to safe areas 
  • if parents or other representatives refuse to evacuate a child, the police will accompany the child. The child will then be handed over to guardianship and custody authorities, which will take responsibility for the child thereafter. 

What is right: 

  • the bill improves legislation regarding population evacuation under martial law 
  • the rights of children will be better protected by introducing mandatory (forcible) evacuation from combat zones 
  • the bill minimizes risks to the lives and health of children from hostilities, contributing to the creation of suitable conditions for living, upbringing, and education. 

What is wrong: 

  • there is a lack of oversight by guardianship and custody authorities regarding compliance with requirements and accountability for parents returning with children to combat zones. 

Alternative solution: 

  • to establish oversight by guardianship and custody authorities for compliance with requirements, as well as accountability for parents returning with children to combat zones. 

Background information: on March 7, 2023, the Cabinet introduced the procedure for the forcible evacuation of children from combat zones. 

How to help the legislator: proposals to the draft bill can be sent to the Committee on Environmental Policy and Nature Management.