The issue of validity of IDP reference without the stamp was not legally settled for almost 5 months. Due to the active position of the representatives of Dvorichna community, Kharkiv region, volunteers and staff of Dvorichna Law Community Center the problem was resolved at the level of the Cabinet of Ministers of Ukraine.
The campaign started with the appeal of the Chairman of Olshansky village council to LCC at the NGO”.
The fact is that in January 2016 changes were made to Law of Ukraine "On ensuring rights and freedoms of internally displaced persons". According to them, the compulsory affixing of the stamp of residence registration in the certificate of IDP registration was abolished. However, in the Resolution of the Cabinet of Ministers No. 509 "On accounting of the internally displaced persons" dated 01 October 2014 this standard remained unchanged. Until April the territorial departments (of the State Migration Service) stamped these marks, because without this stamp the certificate was considered invalid.
However, since April 2016 the authority for the registration of residence/stay was handed over to the local authorities.
“Since then the IDPs have become hostage to the bureaucracy of officials”, says the LCC lawyer Vitaly Babyka. “On the one hand, the SMS has no opportunity to register the place of residence as it is deprived of these powers. On the other hand, local governments cannot affix the place of registration in the certificate, because the Regulation No. 509 clearly states that it should be done by the territorial division of the SMS. The law does not contain such requirements”.
The bureaucratic circle
LCC representatives initiated consideration of this issue at the monthly meeting of representatives of the district authorities. During the discussion it turned out that residents of Vilshanka were not the only ones who faced this problem. There were 6 such cases in the district at that time.
It resulted in a joint decision to contact the Ministry of Social Police about bringing the Resolution No. 509 in accordance with the Law of Ukraine "On ensuring rights and freedoms of internally displaced persons".
The preparation of the appeal was entrusted to the LCC lawyer Vitaly Babyka. After the detailed study of the issue and taking into account the wishes of the members of the meeting, the lawyer prepared a letter that was signed by the Chairman of Dvorichna Rural Communities Foundation Lyudmyla Kovtun and submitted to the Minister of Social Policy of Ukraine.
At the moment the LCC already received the response*, according to which the Cabinet granted all the observations stated in the appeal. On 8 June 2016 at the Government meeting the provisions regarding the mandatory affixing of the registration of internally displaced persons in IDP certificates were cancelled. Such certificate shall be perpetual, except as provided in article 12 of the law of Ukraine "On ensuring the rights and freedoms of internally displaced persons."
Now IDPs will avoid annoying bureaucratic red tape with the seals.
*A copy of the response attached.
The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.
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