Ministry of Social Policy violates the rights of IDPs, – “Restoring Donbas”
17:21 / 11 Feb. 2016 / 257
Community initiative “Restoring Donbas” insists on the immediate calling of the letter of the Ministry of Social Policy of Ukraine signed by V. Muschinin (Deputy Minister), which requires from social protection agencies to ignore the rights of internally displaced persons (IDPs).
January 20, 2016 Ministry of Social Policy has sent a letter to regional branches of social protection agencies with the directive not to apply to Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine to strengthen the guarantees of the rights and freedoms of internally displaced persons» (came into force on January 13, 2016). According to this letter, Social Security authorities continue to demand from IDPs the stamp of the migration service, which has been deprived of such powers since January 13, 2016.
Social Security authorities chase people from office to office, the migration service denies stamping. Thus, according to the Ministry of Social Policy officials, IDP’s certificate is invalid without such stamp. Moreover, in this case people are deprived of all social benefits.
According to Elena Petryayeva (the head of initiative) : ” The Ministry called on its employees to flagrantly violate the current Ukrainian legislation by this letter. The law on the rights of IDPs deprived migration service of control powers for the movement of IDPs. All responsibility for the social security of people affected by the war fell on the Ministry of Social Policy. Meanwhile, one official considered that the Law does not apply to him, and grossly violated it. Thus, he deprived Ukrainian citizens of the right to social protection, namely, tiny cash benefits that people have been receiving from the state.
In addition, Elena Petryayeva noted that situation with the implementation of the letter has already acquired a mass character. Every day the hotline of the initiative receives a large number of calls from persons, who are denied receiving targeted assistance.
The Cabinet of Ministers has three months to bring its acts into accordance with the Law. However, IDPs can be deprived of benefits not for three months, but for a longer period of time due to irrelevance of these issues for the Government of Ukraine. Here is the question: «Will the social benefits of this period be reimbursed? »
According to the lawyers of the initiative, such position of Ministry of Social Policy completely contradicts Article 68 of the Constitution, which states:
“Everyone shall be obliged to strictly abide by the Constitution
of Ukraine and laws of Ukraine, and not to encroach upon the rights, freedoms, honor, or dignity of other persons”.
In connection with the above, community initiative “Restoring Donbas” insists on the need for urgent withdraw of the letter of the Ministry of Social Policy of Ukraine and clarification of execution of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine to strengthen the guarantees of the rights and freedoms of internally displaced persons» to social security authorities.