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Ukraine: Recent measures affecting CSO operation during martial law (update on April 30)

Summary of developments that affect civil society environment in Ukraine under the areas of the CSO Meter.
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Ukraine flag colors painted on wood

In the area of Freedom of Association:

1. Improving participation of citizens and civil society organizations in the decision-making process at the local level
UCIPR experts, representatives of other CSOs and MPs developed the Draft Law No. 7283 on Local Democracy at the Level of Local Self-Government, which was registered in the Parliament on April 13. The Draft Law will allow the residents of the 1470 territorial communities to obtain access to public participation instruments, ensure the adoption of a binding statute for a territorial community, allow internally displaced persons and people changing their voting address to use the instruments of public participation, ensure the possibility of residents to participate in the budget planning (local budget, school budget etc), envisage considering online petitions on the regular meeting of the local council etc.

2. Anti-Crisis Hub in Chernivtsi established
UCIPR, within the framework of the Initiative for Sectoral Support of Civil Society and in partnership with the Society of Ukrainian People’s House in Chernivtsi (UPH), has launched the Anti-Crisis Hub for temporarily displaced CSOs and initiative groups. The Anti-Crisis Hub provides technical, organizational and legal assistance, strengthens the institutional capacity of CSOs and initiative groups evacuated from the territories of active hostilities in order to ensure that the public sector is self-sufficient during the Russian military aggression on the territory of Ukraine.

In the area of Access to funding:

3. Prozorro+ Platform launched for humanitarian needs
The platform allows for the search of companies that can supply the most needed goods during the period of martial law.  The main objective of the Prozorro+ platform is to unite Ukrainian businesses to systematically respond to the urgent needs of the Ukrainian state. The platform collects requests from state and local authorities, military and civil administrations and humanitarian centres, as well as requests for suppliers in Ukraine and abroad to sell the goods required by the state. International donors and CSOs ready to finance the needs of the Ukrainian state are also expected to participate in the platform.

4. Proposal for improving regulation for financial operation of CSOs
Under the Martial Law, CSOs cannot make bank transactions abroad (National Bank Resolution No. 18). UCIPR experts and the Tabletochki Charitable Fund developed amendments to the Instruction of the National Bank of Ukraine on the procedure for foreign exchange supervision. The amendments aim to simplify the financial operation of CSOs with foreign currencies. CSOs could apply for a permission to complete foreign transactions on the basis of the Declaration on the list of goods recognized as humanitarian aid.

In the area of State support:

5. Regulating the procedure of tax administration during the legal regime of martial law
Members of the Parliament of Ukraine submitted a Draft Law No. 7234 on Administration of Certain Taxes During the Period of Martial Law or State of Emergency. The draft law was registered on March 30 and will have affect CSOs that carry out volunteering activities. Volunteers transferring charity funds to combatants and employees of the Ministry of Internal Affairs, the Armed Forces of Ukraine, the Security Service, the National Police and other security agencies will be exempt from the personal income tax, provided they have a registration in the Register, administered by the State Tax Service Register. Also, the draft law allows CSOs and charitable organisations to provide financial and humanitarian assistance to combatants and employees of the security agencies, and to individuals affected by the war (except founders, participants of such organizations or related persons). Carrying out such activity, even if it is not spelled out in the CSOs’ statute, will not result in the CSO losing its tax status.

In the area of CSO – State Cooperation:

6. The Adviser Commissioner of the President of Ukraine on cooperation with public associations and volunteer formations involved in ensuring national security appointed
The President of Ukraine, with the Presidential Decree No. 86/2022 of March 1, appointed the Adviser Commissioner of the President of Ukraine on cooperation with public associations and volunteer formations involved in ensuring national security.
The Adviser Commissioner shall establish effective cooperation between citizens, public associations, voluntary formations formed or self-organized for the defence of Ukraine and voluntarily participating in the provision of national security, defence and protection of the state, with the Armed Forces of Ukraine and other military formations established in accordance with the laws of Ukraine and law enforcement agencies.
 

05-05-2022
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