Draft Law on Amendments to the Code of Ukraine on Administrative Offenses Regarding Liability for Violations of Requirements in the Field of Granting Status in Accordance with the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”

Analysis of the draft law:

Analysis of the draft Law of Ukraine on liability for violations in the field of granting war veteran status

Essence of the draft law: This draft law amends the Code of Ukraine on Administrative Offenses (CUAAO) and the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection.” The main goal is to establish administrative liability for officials who violate the requirements of the legislation when granting (refusing to grant, depriving) statuses stipulated by the Law “On the Status of War Veterans”, as well as to grant powers to the central executive body in the field of social protection of war veterans to control the granting of such statuses. Some provisions regarding the procedure for acquiring the status of a combatant and a person with a disability as a result of war are also excluded.
Structure and main provisions:

• Article 188³⁸ CUAAO: A new article is added, which establishes liability for violation of the requirements of the legislation in the field of granting statuses (persons with disabilities as a result of war, war participants, persons with special services to the Motherland, affected participants of the Revolution of Dignity, family members of a deceased war veteran, family members of a deceased Defender of Ukraine).
• Article 221 CUAAO: The list of cases of administrative offenses considered by district, city district, city or city district courts is expanded, including cases under Article 188³⁸.
• Article 255 CUAAO: The list of persons authorized to draw up protocols on administrative offenses is supplemented by officials of the central executive body that ensures the formation and implements state policy in the field of social protection of war veterans (regarding Article 188³⁸).
• Law of Ukraine “On the Status of War Veterans”:
  • Part of Article 6¹ regarding control over granting the status of a combatant has been excluded.
  • The paragraph of Article 7 regarding the determination of the list of diseases, injuries related to the war and the procedure for establishing the causal connection of disability with the war by the Resolution of the Cabinet of Ministers of Ukraine has been excluded.
  • The paragraph of Article 9 regarding the procedure for granting the status of a war participant by the Cabinet of Ministers of Ukraine has been excluded.
  • Part of Article 10 regarding the procedure for granting the status of a family member of a deceased (deceased) war veteran has been excluded.
  • The paragraph of Article 11 regarding the procedure for granting the status of a person with special merits to the Motherland has been excluded.
  • Article 24 has been added, which defines the control mechanism for granting statuses by the central executive body that ensures the formation and implements state policy in the field of social protection of war veterans.

Key provisions important to stakeholders:

• For legislators: The draft law establishes clear mechanisms of administrative liability for violations in the field of granting war veteran status and other categories of persons, which may contribute to more effective protection of their rights.
• For experts: It is important to analyze how the proposed changes are consistent with other regulatory legal acts and whether they will create additional conflicts in the legislation.
• For business: The changes do not directly affect business, but it should be taken into account that strengthening control over granting statuses may affect social payments and benefits provided to employees who have the appropriate status.
• For citizens: The draft law is important for war veterans, their family members and other persons who claim to receive the appropriate status, as it establishes responsibility for possible violations when considering their applications.

Analysis of the explanatory memorandum:

Analysis of the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses Regarding Liability for Violations of Requirements in the Field of Granting Status in Accordance with the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection”

1. Essence of the draft law: This draft law is aimed at strengthening control over the process of granting statuses to war veterans and members of their families by introducing administrative liability for violations in this area. It aims to reduce the number of illegally granted statuses and ensure the targeted use of budget funds.
2. Reasons and necessity of adopting the draft law (according to the explanatory memorandum): The author of the explanatory memorandum points to a significant number of cases of illegal granting of war veteran statuses, which leads to an excessive burden on the state budget. The need for the adoption of the law is justified by the lack of proper control and clear procedures, which contributes to abuse and subjective interpretation of norms. Also, according to the author, the law should strengthen the personal responsibility of officials responsible for granting statuses.
3. Main consequences of the draft law:

• For legislators and experts: The draft law provides clearer legal frameworks for control over the granting of war veteran statuses, which may improve the efficiency of using budget funds. Experts will receive a tool to assess the legality of granting statuses and identify potential violations.
• For business: Since the draft law is aimed at more efficient use of budget funds in the field of social protection of veterans, it may indirectly affect the stability of budget payments and social stability, which is important for doing business.
• For citizens: The law may positively affect those who are truly entitled to war veteran status, as it will reduce the risk of unlawful receipt of benefits by other persons. At the same time, it may lead to more thorough checks of documents when applying for status.

Overall, the draft law aims to create a more transparent and fair system of granting war veteran statuses, which would meet the economic interests of the state and the rights of veterans.

Analysis of other documents:

From the analysis of the provided documents, it can be concluded that the author, namely the Cabinet of Ministers of Ukraine, fully supports the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses Regarding Liability for Violations of Requirements in the Field of Granting Status in Accordance with the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” and submits it to the Verkhovna Rada for consideration.
The main goal of the draft law is to strengthen control over compliance with the requirements of legislation when granting statuses to war veterans and other privileged categories of citizens. This is done by establishing administrative liability for violations in this area.
Main provisions of the document:

• Introduction of administrative liability: The draft law proposes to introduce fines for officials responsible for granting statuses in case of violation of the established requirements.
• Expansion of powers of the Ministry of Veterans Affairs: The Ministry of Veterans Affairs receives powers to carry out inspections and control the process of granting statuses.
• Unification of procedures: The Cabinet of Ministers of Ukraine should determine the procedure for granting (refusing to grant, depriving) the relevant statuses.
• Financial aspect: It is noted that the implementation of the act will not require additional funds from the state budget, as it will be carried out within the existing budget allocations of the Ministry of Veterans Affairs.
• Strategic goals and indicators: It is planned to increase the number of inspections regarding compliance with the requirements of legislation when granting statuses, as well as to identify violations in this area.

Importance for various stakeholders:

• Legislators: It is important to assess the expediency of introducing administrative liability and its impact on the effectiveness of control over granting statuses. It is also necessary to pay attention to the financial justification and potential risks.
• Experts: It is necessary to analyze the compliance of the proposed changes with current legislation, as well as to assess their impact on the system of social protection of war veterans and other privileged categories.
• Business: For business, this law is unlikely to have a direct impact, as it relates exclusively to the activities of state authorities.
• Citizens: War veterans, members of their families and other privileged categories should be confident in the transparency and fairness of the process of obtaining the relevant statuses. The draft law is aimed at ensuring respect for their rights and interests.

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