Compulsory evacuation: the Parliament is close to making the necessary decisions
5 February 17:49
The Committee on Environmental Policy and Nature Management has recommended that the Verkhovna Rada of Ukraine adopt as a basis the government’s Draft Law of Ukraine No. 12353 “On Amendments to Certain Legislative Acts of Ukraine Regarding the Settlement of the Issue of Mandatory Evacuation”. This was announced by the government’s representative in parliament Taras Melnychuk, reports
The explanatory note to the draft law points to the need to clarify the powers of public authorities in carrying out measures to evacuate children under the legal regime of martial law. In addition, it is stated that due to legislative unresolved issues, the mandatory evacuation of children from settlements located in the territories of active and possible hostilities was complicated by the negative attitude of parents to the forced evacuation of children.
It was also noted that the implementation of martial law measures highlighted a legal gap in the legislation regarding the prohibition or restriction under martial law of entry (entry), stay of the population in settlements from which mandatory evacuation is carried out.
What the draft law provides for
The document, for example, stipulates that entry, stay of the population in settlements from which general mandatory evacuation is carried out is prohibited in the absence of specially issued passes or certificates. A person who violated the requirements for mandatory evacuation, obstructed its implementation, or returned unauthorizedly to the settlement from which the mandatory evacuation is being carried out shall be liable in accordance with the law.
The draft law also addresses issues related to the compulsory evacuation of children who find themselves in areas of military (combat) operations, armed conflict zones and settlements close to combat areas.
Thus, if the authorized body decides to conduct a mandatory evacuation of children under martial law, parents or other legal representatives are obliged to ensure that they are accompanied personally (or with the consent of other persons) to safe areas. If parents or other legal representatives of the child refuse to accompany them, the evacuation is carried out by police or other authorized persons, without the accompaniment of parents or other legal representatives of the child to safe areas, with their transfer to the guardianship and custody authorities for further measures provided for by law.
The law should also amend the Family Code of Ukraine and the Law of Ukraine “On Protection of Childhood” in terms of: the obligation of parents (or persons in loco parentis) to take care of the child’s safe living conditions for the period of martial law.
What is happening now with evacuation from dangerous areas
Forced evacuation primarily concerns children who are orphans, deprived of parental care, or live directly in dangerous areas.
For example, two weeks ago, the Kharkiv Oblast Defense Council expanded the zone of forced evacuation of families with children from the settlements of Kupiansk district to include 4 settlements of Velykoburlutska and 12 villages of Kindrashivska communities. The decision was made in connection with the intensified enemy shelling.
After that, at intervals of several days, he reported on how many had been evacuated and how many more needed to be evacuated. For example, on February 1, it was planned to evacuate 128 families with children from the settlements of Kindrashivska and Velykoburlutska communities, and the previous day 26 such families were evacuated to safe places. And the evacuation continues. From many other districts, not only in Kharkiv region, as well.
