Up to three months at home leads to unlimited certificate of IDP: “Restoring Donbas” analyzes the new law for IDPs
14:53 / 04 Nov. 2015 / 347
Yesterday, November 3, the Verkhovna Rada adopted the Law “On amendments to some laws concerning the strengthening of guarantees of the rights and freedoms of internally displaced persons.” The lawyers of the community initiative “Restoring Donbas” present expert explanations of the adopted document.
One of the main innovations of the law is that IDP’s certificate is valid indefinitely. You do not need to prolong it.
In addition, the new changes abolished the following: the compulsory registration of residence in migration services, a stamp in IDP’s certificate as well as the need to inform the Migration Service of any change of residence during 10 days.
Moreover, the Verkhovna Rada has amended the procedure of confirming the movement from the territory due to the armed conflict.
“Earlier, a passport with the registration of residence was the only confirmation. Nowadays, it is possible to use the documents, which confirm the ownership, military ID with the information about military service, documents on education, employment history, medical records, photos, videos and other documents. Thus, the list of evidence is not limited”, – Marina Tatarintseva – the head of the legal department in” Restoring Donbas” – stated.
According to the law, in case of submitting the passport with the registration of residence on the uncontrolled territory, the certificate can be issued for 1 working day. In the case of submitting other documents, which confirm the social security, authorities have 15 working days to decide on the issuance or refusal of a certificate.
There is another important but underdeveloped aspect of the new law. It comes about changes in the employment of IDPs. Under the new rules, the IDPs get the right to retire from the enterprises, which have remained on the uncontrolled territory. In order to do it, IDPs have to apply for termination of employment to the employment center at the new place of residence. However, there is another unresolved question. In particular, who should make changes to the IDP’s labor book?
According to lawyers, the law changes the reasons of cancellation of IDP’s certificate if the person returned to the territory of permanent residence). Nowadays, if IDPs did not inform social welfare agencies about his homecoming, a decision on cancellation of his certificate would be made in case of his absence in the place of temporary residence more than 60 days.
“However, if the IDP informed the social security authorities about justified reasons for his absence from the place of temporary residence in writing form, the period of his absence would be extended to 90 days. In addition, internally displaced persons are obliged to inform the social security authorities on a new residence during 10 days after arrival, as well as in case of the voluntary return to the abandoned residence in the three days prior to departure, “- Tatarintseva said.
Let us remind, yesterday the Verkhovna Rada amended the Law “On ensuring the rights and freedoms of internally displaced persons.” It will come into force upon signature by the President of Ukraine and publishing in the official sources.
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