Analysis of the Draft Law:
Unfortunately, without the text of the draft law, I cannot provide a detailed analysis. Please try to upload the document again or send information about it so that I can help.
Analysis of the Explanatory Note:
Analysis of the Draft Law of Ukraine “On Amendments to the Law of Ukraine ‘On Burial and Funeral Services'”
Essence of the Draft Law
The draft law proposes amendments to the existing legislation of Ukraine regulating burial, with the aim of creating a legal mechanism for reburial of fallen servicemembers who participated in defending the independence and territorial integrity of Ukraine.
Reasons and Necessity for Adopting the Draft Law
The necessity of adopting this draft law is conditioned by the need for proper commemoration of servicemembers who died while defending Ukraine. The initiators of the changes were the Ministry of Community and Territorial Development of Ukraine together with other state bodies, who emphasized the urgent need for amendments due to numerous appeals regarding reburial of remains from de-occupied territories. The existing legislation does not provide for free reburial, which complicates the process of paying tribute to fallen defenders.
Main Consequences of the Draft Law
Adoption of the draft law will have a positive impact on the families of fallen servicemembers, providing them support in reburying the remains of their relatives without financial obligations. The draft law provides for financing such processes from local budgets, which will contribute to dignified commemoration of the fallen. This will also strengthen public support for the army and promote perpetuating the memory of those who defended Ukraine. Moreover, the draft law does not require additional funding from the state budget, making it economically feasible for implementation.
Analysis of Other Documents:
1. Position of the Document Author:
The document supports the draft law, as it was developed to regulate the legal mechanism for reburial of fallen persons who defended Ukraine’s independence. The Verkhovna Rada Committee on State Power Organization recommends adopting the draft law in the first reading, recognizing its importance.
2. Main Provisions of the Document:
- Financing: The draft law requires financing from local budgets, amounting to 6,610 thousand hryvnias for 2025 with a gradual reduction to 2,644 thousand hryvnias by 2028. This will ensure reburial of fallen servicemembers, which is important for commemorating their memory.
- Target Audience: The draft law is focused on relatives, family members, and friends of fallen servicemembers who defended Ukraine, with the aim of providing support and proper commemoration of the fallen.
- Legal Aspects: The Main Scientific and Expert Directorate points to the need for technical and legal refinement of the project, particularly in adjusting the name and terms of entry into force.
- Support: The draft law is supported by several ministries and associations of local self-government bodies, which indicates its wide recognition of importance.
- Comments and Suggestions: The Ukrainian Institute of National Memory recommends a comprehensive approach to legislative changes in the burial sphere to avoid duplication of norms and imbalancing of legislation.
This document is an important step towards improving legal regulation of reburials and supporting families of fallen defenders of Ukraine, which emphasizes its social significance.
