Analysis of the Draft Law of Ukraine “On Amendments to the Law of Ukraine “On Burial and Funeral Affairs””
Essence of the draft law
This draft law introduces amendments to the current Law of Ukraine “On Burial and Funeral Affairs”, in particular, regarding the regulation of issues of reburial of deceased (dead) persons who defended the independence, sovereignty, and territorial integrity of Ukraine. The draft law defines the procedure and conditions for the reburial of such persons, as well as issues of financing the relevant expenses. The draft law is aimed at improving legislation in the field of burial and funeral affairs, taking into account the special status of persons who defended Ukraine. In addition, changes are being made regarding the free burial of certain categories of citizens, in particular, those awarded state orders.
Structure and main provisions of the draft law
The draft law consists of several sections that amend the Law of Ukraine “On Burial and Funeral Affairs”. The main changes concern:
- Title of the draft law: Clarification of the title of the draft law to more accurately reflect its essence.
- Article 14: Amendments to the list of persons whose burial is carried out free of charge at the expense of the state or local budgets. The categories of persons awarded orders are specified, and the sources of financin* **Article 13:** Regulation of the procedure for organizing burials for various categories.
* **Article 15:** Amendments regarding the provision of assistance in conducting the burial/reburial of deceased military personnel and other categories of individuals.
* **Article 21:** Revision of the conditions and procedure for reburial of the remains of the deceased, especially those who defended the independence of Ukraine. Determination of the sources of funding for such reburials.
* **Article 25:** Clarification of provisions regarding the allocation of plots for family burials.In comparison with previous versions, the final version takes into account editorial revisions and clarifications aimed at aligning the provisions of the draft law with other legislative acts and ensuring clarity of wording. For the most part, the changes concern clarification of wording and harmonization of terminology.
## Key Provisions Important for Different Groups
**For legislators:** It is important to consider the financial implications of the implementation of the draft law, in particular, regarding expenditures from the state and local budgets for the burial and reburial of certain categories of persons. Also, it is necessary to ensure a clear demarcation of powers between state authorities and local self-government in this area.
**For experts:** Key is the analysis of the draft law’s compliance with European human rights standards, in particular, regarding ensuring dignified treatment of the deceased and their families. Also, it is important to assess the impact of the draft law on the system of cultural heritage protection, in particular, in connection with the reburial of soldiers from mass graves.
**For business:** Enterprises providing funeral services should take into account changes in the financing of burials.
