Analysis of the Draft Law:
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Analysis of other documents:
Analysis of Documents Regarding the Draft Law of Ukraine on Amendments to the Law “On the Status of War Veterans, Guarantees of Their Social Protection”
1. List of Acts of the Cabinet of Ministers and Central Executive Bodies
Author’s Position
The author (Minister for Veterans Affairs of Ukraine) obviously supports the draft law, as the document defines the necessary steps for its implementation.
Main Provisions
- The need to review the resolution of the Cabinet of Ministers of Ukraine regarding the procedure for the appointment and payment of a one-time monetary assistance is determined.
- The bodies responsible for the preparation of draft acts are determined – the Ministry of Veterans Affairs, the Ministry of Finance, the Ministry of Economy, the Ministry of Digital Transformation.
- A term of three months from the date of entry into force of the Law is established.
- The need to review the order of the Ministry of Veterans Affairs of Ukraine regarding the commission on consideration of materials on the appointment of one-time monetary assistance.
2. Submission of the Draft Law by the Cabinet of Ministers of Ukraine
Author’s Position
The Cabinet of Ministers of Ukraine is the initiator of the draft law, which indicates its support at the government level.
Main Provisions
- The Cabinet of Ministers submits the draft law to the Verkhovna Rada in accordance with the procedure of legislative initiative.
- The Minister for Veterans Affairs will represent the draft law in the Verkhovna Rada.
- Supporting documents are attached: the text of the draft law, the draft resolution of the Verkhovna Rada, the explanatory note, the comparative table, the list of acts.
3. Draft Resolution of the Verkhovna Rada of Ukraine
Author’s Position
The draft resolution aims to adopt the draft law as a basis, which indicates support for the initiative in the Verkhovna Rada.
Main Provisions
- It is proposed to adopt as a basis the draft Law “On Amendments to the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” regarding the appointment of a one-time monetary assistance”.
- The Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of Veterans’ Rights is instructed to finalize the draft law and submit it for consideration in the second reading.
4. Conclusion of the Main Scientific and Expert Department
Author’s Position
The Main Scientific and Expert Department does not object to the adoption of the draft law, but expresses comments of a technical and legal nature.
Main Provisions
- The purpose of the project is to ensure a fair approach to determining the amount of one-time monetary assistance to families of the deceased.
- The draft provides for amendments to Articles 10-1 and 15 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”.
- A one-time monetary assistance in the amount of 15 million hryvnias is established.
- Comments are made regarding the incorrect wording and proposals for their clarification.
- Attention is drawn to the need to review the date of entry into force of the Law.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of Veterans’ Rights
Author’s Position
The Committee supports the draft law and recommends that the Verkhovna Rada adopt it in the second reading and as a whole with technical and legal revisions.
Main Provisions
- The Committee considered proposals and amendments to the draft law.
- 12 proposals were taken into account, 6 proposals were partially taken into account, 1 proposal was taken into account editorially, and 22 proposals were rejected.
- The payment of a one-time monetary assistance in the amount of 15 million hryvnias to family members of the deceased is provided for.
- In the event that family members have been assigned and paid a one-time monetary assistance provided for in part seven of Article 15 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, such persons have the right to receive a one-time monetary assistance provided for in part ten of Article 15 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”, taking into account the previously paid amount.
- It is recommended that the Verkhovna Rada adopt the draft law in the second reading and as a whole with technical and legal revisions.
6. Conclusion of the Main Department of Documentary Support
Author’s Position
The Department conducted a linguistic examination and has no comments on the text of the draft law after the agreed editorial revisions were made.
Main Provisions
- The text of the draft law is written in modern Ukrainian literary language.
- Editorial revisions are proposed to bring it into compliance with the rules for drafting draft laws and to improve the style of presentation.
7. Comments of the Main Legal Department
Author’s Position
The Main Legal Department expresses a number of comments on the draft law and believes that it needs to be finalized.
Main Provisions
- The title of the project does not agree with its content and needs clarification.
- It is necessary to harmonize the terminology with other legislative acts.
- There are inconsistencies between the provisions regarding the grounds for granting the status of a family member of a deceased (dead) Defender of Ukraine.
- The provisions regarding the amount of one-time monetary assistance require comprehensive study and determination of a systematic approach.
- It is necessary to finalize the provisions regarding the sources of coverage of additional expenditures of the state budget.
- The inclusion of transitional provisions in a regulatory legal act on amendments to another regulatory legal act does not comply with either the established requirements for rule-making in the context of the quality of the law or the provisions of the Law of Ukraine “On Law-Making Activity”, according to which transitional provisions cannot be contained in a regulatory legal act on amendments to another regulatory legal act.
- The inclusion in the draft of amendments to the Law on Social Protection of Servicemen does not comply with the requirements of part one of Article 116 of the Rules of Procedure of the Verkhovna Rada of Ukraine.
- The entry into force of this draft as a Law should have been postponed for the period necessary for the Cabinet of Ministers of Ukraine to prepare draft by-laws arising from it, so that their adoption is synchronized with the date of entry into force of the Law.
