In the area of Freedom of Association
Martial law and general mobilization in Ukraine extended for another 90 days
On August 14 the Parliament adopted Draft Law No. 7664 on the Approval of the Presidential Decree “On the Extension of Martial Law in Ukraine” Draft Law No. 7665 on the Approval of the Presidential Decree “On the Extension of General Mobilization in Ukraine. They propose to extend the martial law and general mobilization for another 90 days until November 21.
The Martial Law affects civil society as it limits a number of freedoms and human rights and introduces such limitations as curfew during some hours, restrictions for men of 18-60 to exit the country, prohibition to hold peaceful assemblies /gatherings /demonstrations /mass events, allows to prohibit political parties and CSOs if their activities lead to liquidation of independence or territorial integrity, restriction of place of residence etc.
In the area of Right to participation in decision making
Supporting the functioning of Public Councils during martial law
The Government of Ukraine amended Cabinet Decree No. 996 of November 3, 2010 on Ensuring Public Participation in the Formation and Implementation of State Policy. Public councils are advisory bodies to ministries and executive authorities, allowing citizens to participate in policy making. The new decree among other issues, regulates the formation and operation of public councils at central and local executive bodies for the duration of the martial law.
These amendments were adopted in response to an appeal by executive authorities and civil society outlining problematic issues in the functioning of public councils that emerged after the introduction of martial law. Such issues include, for instance
- the impossibility of submitting documents for participation in the constituent assembly by CSOs from all over the territory of Ukraine;
- the difficulty of verifying information about such organisations due to the restriction of access to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations;
- risks related to disclosure of personal data of the constituent assembly’s participants, coverage of the public council activities on the official website, provision of access of the council members to the premises, including for holding meetings, etc.
The adopted amendments provide that:
- the executive authority must form the public council with new composition six months after the date when martial law ceases to operate or is lifted.
- until the new composition is approved, the mandate of existing public councils is extended.
- the executive authority can restrict access to the premises where the public council is located, limit information published about the involvement of employees in the council’s work or on the public council activities (for security reasons).
The decision of the Government is aimed at ensuring the continuity of the public councils’ activity during martial law. At the same time, it eliminates risks to the life and health of CSOs' representatives, members of public councils and executive bodies.
In the area of State support:
Adopted improvements in the volunteer regulation
On August 15 the Parliament adopted Draft Laws No. 7363 On amendment of the Law of Ukraine ‘On Volunteer Activity’ and No. 7364 On amendment of the Tax Code of Ukraine in the second reading. These Draft Laws are aimed at creating favourable preconditions to develop volunteering through public support, opening up new areas, tax exemption of volunteer expenses. The Draft Laws provide for the following:
- Identify additional areas for volunteers’ engagement, in particular, volunteer assistance to overcome the consequences of Russia's military aggression against Ukraine;
- Envisage that the agreement on volunteering shall be concluded in written form and indicate the conditions for reimbursement of expenses related to volunteer assistance;
- Determine the list of CSO expenses to be tax exempted (expenses for medical examination and vaccination of volunteers; traveling, meals, and accommodation of volunteers and participants of the CSO evens).
Government adopts law to encourage individual donations
On August 15 the Parliament adopted Draft Law No. 7506-1 on Tax Exemptions for Charitable Assistance Paid to the Families of Injured and Killed Combatants Countering the Armed Aggression and Ensuring the National Security of Ukraine \.
The Law amends the Tax Code of Ukraine and exempts from the total monthly (annual) taxable income of the taxpayer the income (funds) paid (provided) by benefactors, including individual philanthropists, in favour of family members of combatants countering the armed aggression of the Russian Federation during the period of martial law operation in the territory of Ukraine, who, while directly in the areas of the implementation of the above-mentioned measures, were injured, suffered concussion or other damage to health, died or died as a result of injury or contusions sustained when countering the armed aggression. In addition, adult and adopted children are considered to be members of the combatants’ families for purposes of exemption from taxation of the charitable assistance received.