ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
CHAPTER 1
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As of the end of 2019, the Ministry of Social Policy has not developed a number of by-laws to ensure
implementation of the Law of Ukraine “On Social Services” #2671-VIII of 17 January 2019.
Violation of the rights of incapacitated persons
Example
The monitoring visit upon collective appeal of the residents of the city of Bila Tserkva identified that
the body of guardianship and custody of the Executive Committee of Bila Tserkva City Council failed to
properly protect the rights and interests of an incapacitated adult V. after the death of his legal guardian.
It was also found that another person who was not the legal representative/guardian of V. illegally
disposed of his property and placed him in the psychoneurological clinic.
As a result of consideration of requests of the Commissioner to the Executive Committee of Bila Tserkva
City Council, law enforcement agencies, and the Ministry of Social Policy, he rights and interests of an
incapacitated adult V. were protected.
Consideration of other appeals to the Commissioner in this field indicates that the problem is of a
systemic nature.
It requires the development and adoption of a unified legal act that will define key legal, social
and organizational framework and guarantees of national policy on guardianship and custody of
incapacitated adults and persons whose civil capacity is limited and making sure that such a legal act is
reflective of modern requirements and international provisions.
Violation of citizens’ rights to receive housing subsidy
In 2019, in accordance with the Regulation on the procedure for the allocation of housing subsidies
approved by the Cabinet of Ministers of Ukraine #848 of 21 October 1995 “On Simplifying the Procedure
for Providing Subsidies to the Population to Re-imburse the Costs of Housing and Utility Services,
Purchase of Liquefied Natural Gas, Solid and Liquid Domestic Fuel,” changes have been repeatedly made
to improve and simplify the procedure for obtaining it.
Some of the significant changes are the launch of cash-based housing subsidy (Resolution of the Cabinet
of Ministers of Ukraine # 1176 of 27 December 2018 “Certain Issues of Providing Housing Subsidies to the
Population in Cash” and # 62 of 6 February2019 “On Amendments to Certain Resolutions of the Cabinet
of Ministers of Ukraine.”
Implementation of the relevant mechanism was accompanied by a number of problems, since between
the adoption of the Resolution and the actual implementation of the changes proposed by it, the social
protection authorities did not have time to prepare for their implementation and to develop a clear
algorithm of action. As a result, the cash subsidy mechanism was actually launched only in March 2019.
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