Special status for Poles, the Ukrainian Statehood Day, and a new agency protecting critical infrastructure

The Cabinet of Ministers has created the Critical Infrastructure Protection Service and is preparing for the celebration of Ukrainian Statehood Day. The Verkhovna Rada, meanwhile, is going to vote on granting special status to citizens of Poland.

Creation of the State Critical Infrastructure Protection Service 

Cabinet resolution # 787 of July 12, 2022 

Decision-maker: the Cabinet

Who is affected: owners and operators of critical infrastructure objects, the Cabinet, the Minister of the Cabinet of Ministers, and other state executive bodies

Summary of the resolution: 

• Creates the State Critical Infrastructure Protection and National Resilience System Maintenance Service (the SCIPS). This is a new central executive body with a special status. Its activities will be overseen by the Cabinet, in particular, by the Minister of the Cabinet of Ministers
• The head and two deputy heads of the SCIPS will be appointed by the Cabinet

• The SCIPS as the main body in the critical infrastructure protection system will develop and implement the state policy on the issue, manage the national system of critical infrastructure protection, and coordinate the work of other governing bodies when it comes to issues of infrastructure protection
• The SCIPS responsibilities will include:

1. Drafting bills and other legislation
2. Evaluating the security of critical infrastructure objects and threats to critical infrastructure
3. Preparing proposals for the National Action Plan and maintaining the resilience of critical infrastructure
4. Defining state-level threats to critical infrastructure
5. Issuing decisions for owners and operators of critical infrastructure objects concerning the changes of ownership, purpose, or operating mode of these objects
6. Defining mandatory requirements for ensuring critical infrastructure objects’ security
7. Preventing crises threatening critical infrastructure objects.

What is right: 

• The launch of the SCIPS will help to implement the Law on Critical Infrastructure and to introduce a unified state policy on critical infrastructure protection. This policy should be a priority both in the time of war and in peacetime
• The coordination between different state bodies on issues of critical infrastructure will be enhanced.

What is wrong: 

• Policy-making is a prerogative of ministries. Other central executive bodies are supposed to be responsible only for implementing state policies. Thus, the State Critical Infrastructure Protection Service should not have the authority to develop a state policy.

Alternative solution: to grant the power to develop the state policy on critical infrastructure protection to the Ministry of Infrastructure and make the SCIPS subordinate to the ministry.

Special status for citizens of Poland 

Draft bill # 7550 of July 11, 2022 

Sponsor: the President

Status: preparations for the first reading

Who is affected: Ukrainian citizens, citizens of Poland and their relatives, businesses, educational and medical establishments

Summary of the bill: 

• Citizens of Poland, their children and spouses will be allowed to stay in Ukraine for 18 months (instead of 90 consecutive days and 180 days annually) after the law comes into force
• While residing on the territory of Ukraine, Polish citizens will have the following rights:

1. To work without obtaining special permits
2. To get Ukrainian identification codes
3. Have the same social security benefits as Ukrainian citizens
4. To receive education, in particular, at the expense of the government budget of Ukraine or local budgets
5. To conduct business on the same terms as Ukrainian citizens
6. Doctors, nurses, and obstetricians will be allowed to work for 18 months on the same terms as Ukrainian medics.

What is right: 

• the bill is a symmetrical response to the Polish law on helping Ukrainians suffering from the armed conflict and is an acknowledgment of the support provided to Ukraine by the Polish people
• the initiative will be another step toward better relations between the states and peoples and will help to overcome historical controversies
• the bill can become a foundation for a future alliance between the states.

What’s next: it is reasonable to consider adopting a similar law for citizens of Baltic countries since they also provide a significant amount of help to Ukraine.

Event plan for the Ukrainian Statehood Day 

Cabinet ordinance # 585-p of July 12, 2022 

Decision-maker: the Cabinet

Who is affected: Ukrainian citizens, government bodies, foreign diplomatic establishments, and local governments

Summary of the ordinance: 

The following objectives are set:

• to create a unified identity for the Ukrainian Statehood Day
• to organize ceremonial hoisting of the state flag throughout localities of Ukraine and foreign diplomatic establishments
• to hold wreath-laying ceremonies at statues and tombs of distinguished actors of Ukrainian state-building, freedom fighters, fallen participants of the Revolution of Dignity and war

• to conduct events dedicated to the holiday
• to hold ceremonies at foreign diplomatic establishments that will engage representatives of the Ukrainian public abroad.

What is right: the celebration promotes patriotism, Ukrainian history and culture. Events of this kind are necessary to keep citizens’ morale in the time of war.