Draft Law № 2167
on compensation of damaged property of internally displaced people
The problem, which the Draft Law is aimed to overcome More than 1,228,100 IDPs expect the government answers to the question: "Who and how to compensate losses from the conflict in which we are not guilty?"
International standards which the Draft Law aims to fulfill First Protocol to the European Convention on Human Rights (Article 1)
The aim of the Draft Law To create legal basis for the development of procedure on compensation of the damaged property to IDPs
The main provisions of the Draft Law • IDPs have the right to reparation and compensation of the damaged property; • Reimbursement and compensation will take place under a special law • Government is assigned to draft a law on the procedure for reparation and compensation of the damaged property to IDPs • Law comes into effect 01/01/2016
The right to peaceful enjoyment of possessions. Prohibition of deprivation of property except for cases stipulated by law
UN Guiding Principles on internal displacement (paragraph 2 of Article 29) Competent authorities have the duty and responsibility to assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When recovery of such property and possessions is not possible, competent authorities shall provide or assist these persons in obtaining appropriate compensation or another form of just reparation.
International practice on implementation of procedures for compensation of lost property Bosnia and Herzegovina, Serbia, Montenegro, Turkey, Colombia, Yemen, etc.
Positive social effect of the Draft Law • Restoration of credibility of IDPs to power • Drawing attention to the problems of IDPs • Ensuring the inviolability of property rights in Ukraine • Suspension of critique of the authorities and speculation about ignoring IDPs' problems • The possibility of involvement of all stakeholders to develop procedures of reparation and compensation of the damaged property IDPs