The need to improve legislation on assistance to internally displaced persons
Authors: Selikhov D. 
Published: September 2023

The goal of the article was to conduct an analysis of relations related to the provision and need for state support for IDPs and certain categories of persons who suffered from military aggression, an analysis of the provisions of normative acts, considerations and proposals of scientists and practitioners, based on which - to make proposals on improving state support for IDPs and other categories of persons affected by military operations. To achieve the goal, a complex of well-known cognitive methods was applied. Thanks to this, the current Ukrainian legislation was analyzed, which establishes the rules according to which IDPs receive state support, and practical examples showed contradictory and even inappropriate points contained in the resolution of the CMU “On providing monthly targeted assistance to internally displaced persons to cover living expenses, in including for the payment of housing and communal services” dated October 1, 2014 and which are contained in the current resolution of the CMU dated March 20, 2022 No. 332 «Some issues of payment of housing allowance to internally displaced persons». The article shows that the state often provides assistance to the wrong people who need it, while the latter often remain without assistance. With the adoption of Resolution No. 332 of March 20, 2022 by the CMU, the state essentially violated the principle of equality of citizens by dividing IDPs into two categories - IDPs who became such before February 24, 2022, and IDPs who became such after February 24, 2022. At the same time, the latter are in a much more privileged position compared to the former and in general to many other categories of Ukrainian citizens who suffered from the russian federation’s military aggression. In order to restore the effect of the principle of social justice in relation to IDPs and other citizens of Ukraine, the article proposed to the legislator to add to the Resolution of the CMU of March 20, 2022 No. 332: links the provision of state benefits and the provision of state assistance to able-bodied persons with the obligation of their official employment; norms on the possibility of IDPs who received this status before February 24, 2022, but lost the right to receive state aid, to return state financial aid in the event of their employment and socialization in the place of their actual residence on the territory of Ukraine under the control of the official state authorities; provisions on more active inspection of officially designated places of residence of IDPs and objects of immovable property belonging to them in the territory under the control of the official state authorities, with the possibility of depriving such persons of state financial assistance and places of free accommodation and food in case of establishing the facts of actual residence in these objects properties of relatives of IDPs, IDPs themselves or tenants. The proposals made should contribute to ensuring compliance with the principle of social justice and bringing order to the provision of state assistance to IDPs.