Draft bill #12188 of November 8, 2024

Cosponsors: 34 MPs from the Servant of the People faction and independents with Andrii Motovylovets as the first signatory

Who is affected: all Ukrainians, local self-government bodies, the Cabinet of Ministers, and businesses in the funeral services sector

Status: send for review to the Committee on State Administration, Local Governance, Regional Development, and Urban Planning

Summary:

  • private entities will be allowed to own cemeteries and crematoria (currently, only the state and municipalities can own them)
  • the ownership rights to land plots owned by state or municipalities designated for the establishment of new cemeteries or crematoria will be transferred only via land auctions (currently, such land is granted by LSGBs’ decisions exclusively to specialized communal enterprises for permanent use)
  • it will not be allowed to privatize or lease to private individuals or legal entities land plots already used for communal cemeteries and crematoria
  • the concept of private (privately owned) cemeteries will be introduced in the law
  • the bill specifies that in certain areas of cemeteries it will be allowed to bury domestic animals
  • it will not be allowed to depict the funeral process or items used during funerals in the advertisement. Advertisements of funeral services will also be prohibited on products and in printed publications primarily targeting minors. Advertising of funeral services will be prohibited from being placed on premises, territories, or closer than 300 meters from:
    • kindergartens, schools, institutions of extracurricular, specialized, or higher education, and others, as well as dormitories of these establishments
    • specialized entertainment centers for children
    • hospitals
    • military units
    • historical and cultural monuments, sacred and ritual objects.

National Military Memorial Cemetery

  • the National Military Memorial Cemetery will be owned by the state, located on state-owned land, and will not be subject to privatization or leasing
  • the site for the National Military Memorial Cemetery will be chosen taking into account public interests. The results of community discussions may serve as grounds for local managers to start preparing urban planning documentation or to refuse construction. The procedure for the organization of public discussions will be approved by the Cabinet of Ministers
  • expenses for honorary burials at the National Military Memorial Cemetery will be covered by the government budget
  • it will be prohibited to bury at the National Military Memorial Cemetery any person who held leadership positions in the communist party (from secretary of the raion committee and above), held leadership positions in the higher authorities of the USSR, Ukrainian SSR (USSR), or other Soviet republics, as well as those who worked in Soviet state security bodies of any level
  • at the National Military Memorial Cemetery, it will be possible to establish cenotaphs (memorial signs) to honor individuals declared deceased (by a court) who defended the independence, sovereignty, and territorial integrity of Ukraine while performing their duties and pledging allegiance to the Ukrainian people.

What is right:

  • the bill abolishes unfounded restrictions on economic activities related to the establishment and maintenance of new cemeteries and the provision of funeral services. This will contribute to better organization of the sector, facilitate the opening of new cemeteries, ensure their proper maintenance, and improve funeral services. Such a step may also reduce monopolization, increase competition, and provide more transparent and accessible services to people
  • simplification of the conditions for establishing and maintaining crematoria and columbaria, as well as providing cremation services will help to open more such facilities and ensure access to cremation services. This will also provide better conditions for businesses engaged in funeral services
  • the bill considers public interests when determining the location of the National Military Memorial Cemetery. Public discussions allow citizens to influence decisions concerning the territory where they live. This approach increases transparency and accountability of local authorities and promotes informed decision-making in the community’s interests.

Additional information:

Points Considered podcast #13: In search of the language of memory. What we will tell about this war in 50 years