Analysis of the draft Law of Ukraine Regarding Burial Places of Deceased (Dead) Persons
Essence of the draft law: The draft law amends certain legislative acts of Ukraine to improve the regulation of issues related to burial places of persons who defended the independence, sovereignty and territorial integrity of Ukraine. In particular, the concepts of military cemeteries and military memorial cemeteries are defined, as well as the procedures related to their organization and maintenance. It also regulates issues related to changing the designated purpose of land plots for the placement of such cemeteries, and issues of financing relevant measures. An important goal is to ensure a dignified commemoration of the fallen heroes.
Structure and main provisions:
The draft consists of two main sections: amendments to legislative acts of Ukraine and final provisions. The main changes are made to the Land Code of Ukraine and the Law of Ukraine “On Burial and Funeral Affairs”.
Within the framework of amendments to the Land Code, it is proposed to simplify the procedure for transferring and changing the designated purpose of land plots for the placement of the National Military Memorial Cemetery and military memorial cemeteries. A key change is the permission to seize land plots from permanent use without the consent of the land user if it belongs to state or communal ownership. It is also stipulated that the presence of a land plot within the Emerald Network is not a basis for refusing to change its designated purpose for the placement of a cemetery.
In the Law “On Burial and Funeral Affairs”, the definitions of “military cemetery” and “military memorial cemetery”, as well as “historical military cemetery” are introduced, and the requirements for their organization and maintenance are defined. The law is supplemented by provisions on military burial sectors, and the procedure for registering burials in military cemeteries is also defined.
The most important provisions:
- Simplification of the land allocation procedure: The bill simplifies the procedure for allocating land plots for military cemeteries, allowing the seizure of plots from state or communal ownership without the consent of the current land user.
- Definition of military cemeteries: Clear definitions of the concepts of “military cemetery” and “military memorial cemetery” are introduced, which will help to avoid discrepancies in the application of legislation.
- Settlement of financing issues: Although no direct financing mechanism is prescribed, the changes stipulate that the procedure for creating and maintaining cemeteries is determined by the Cabinet of Ministers of Ukraine, which opens the way to resolving financial issues.
- Environmental protection: The bill stipulates that the location of a land plot within the Emerald Network is not a basis for prohibiting the change of its designated purpose for the placement of a cemetery, which may cause concern among environmental organizations.
- Unification of gravestones: It is proposed that samples of gravestones be approved by local self-government bodies, although there were proposals to establish a single state standard.
Analysis of other documents:
Analyzing the provided documents, the following conclusions can be drawn:
1. Position of the author of the document:
It is clear from the provided documents that the authors support the draft law. This is confirmed by the fact that the Cabinet of Ministers of Ukraine submits this draft to the Verkhovna Rada as a legislative initiative. In addition, the Verkhovna Rada Committee on Social Policy and Protection of Veterans’ Rights recommends that the Verkhovna Rada adopt the bill in the second reading and as a whole.
2. Main provisions of the document:
The documents relate to amendments to the legislation of Ukraine regarding burial places of deceased (dead) persons who defended the independence, sovereignty and territorial integrity of Ukraine. The main provisions that may be important for various stakeholders:
- Legislators: The documents define the need to amend a number of regulatory legal acts, including resolutions of the Cabinet of Ministers of Ukraine, the Land Code of Ukraine, the Laws of Ukraine “On Burial and Funeral Affairs”, “On Perpetuating the Victory over Nazism in World War II 1939-1945”.
- Experts: The documents contain legal comments and expert opinions on terminology, consistency of provisions and compliance with European standards, in particular regarding environmental protection.
- Business: The financial and economic calculations indicate the costs of organizational and logistical support of military memorial cemeteries, as well as the design and construction of such facilities.
- Citizens: The bill aims to introduce uniform approaches to the creation and maintenance of burial places of fallen heroes, which should ensure proper commemoration of their memory. The project envisages the creation of military memorial cemeteries in the regions and the Autonomous Republic of Crimea.
