Change of residence due to military actions. Do you have to register as an internally displaced person?

Legal Alerts
28.03.2022 2175

Status of an internally displaced person 

An internally displaced person is a citizen of Ukraine, foreign national or stateless person, who was forced to left its residence place in the result of an armed conflict, temporary occupation, situations of generalized violence, violations of human rights and disasters of natural or human-made origin.

Due to hostilities, a lot of people are forced to leave their homes and move to safer regions of Ukraine. Such persons may receive status of an internally displaced person.

The Resolution of the Cabinet of Ministers of Ukraine No.269 dated 13 March 2022 amended the provisions of the Procedure of processing and issuance of the certificate on registration of internally displaced person (the "Procedure").

The person, who left the territory where hostilities were taking place after the imposition of martial law on 24 February 2022, has the right to receive a certificate . Such territories are defined in the list approved by the Resolution of the Cabinet of Ministers of Ukraine No.204 dated 6 March 2022 "On Approval of the List of Administrative-Territorial Units Which Are Covered by Assistance Program for Insured Persons under "eSupport" Program" (the "List").

The Resolution of the Cabinet of Ministers of Ukraine No.332 dated 20 March 2022 "On Some Issues Related to the Payment of Housing Allowances to Internally Displaced Persons" (the "Resolution") introduces alterations to the

Procedure and approves:

  • an application form for the certificate on registration of internally displaced person;
  • Procedure of Providing Housing Allowances to Internally Displaced Persons; an application form for providing housing allowances to internally displaced persons; and
  • Procedure for Using the State Budget Funds to Provide Housing Allowances to Internally Displaced Persons.

The Resolution expands the list of persons entitled to receive a certificate. The right to apply for registration has a person whose  declared/registered place of residence is located outside the territory of the administrative-territorial unit where the hostilities are taking place, provided that such person:

  • is registered as a single social contribution payer; and
  • paid or for which the employer paid a unified social contribution for the fourth quarter of 2021 or for 2021.

Therefore, we advise you to register as an internally displaced person in order to receive state allowances.

Where to apply?

The fact of internal displacement is proved by the certificate on registration of internally displaced person.  

A person can receive a certificate by submitting an application to social protection bodies of local, local state administrations in Kyiv or executive bodies of city, local councils in cities, and also to the authorized person of the territorial community/Administrative Service Centre  during martial law.

A person can submit an application in electronic form via mobile application of the Unified State Web Portal of Electronic Services ("Diia Portal"). However, as of 28 March 2022, there is no technical possibility (we are waiting for updates).

Required documents 

A person under the age of 18 and an adult have to submit an application and other documents in person, and a person under the age of 14, incapacitated or partially incapacitated persons – through a legal representative.

An applicant has to present an identity document that confirms Ukrainian citizenship, or an identity document that confirms special status (for instance, driver's license, temporary residence permit) or birth certificate.

A temporary digital document that is available on the Diia Portal – eDocument, can be used as an identity document during martial law.

If the provided document does not contain a mark of the registered place of residence at the territory of administrative-territorial unit, from which the internal displacement takes place, it is necessary to provide evidence confirming this fact.

A military ID, employment record book, real estate ownership records, educational documents, medical documents, photographs, videos, etc. can serve as evidence.

In case if the application is submitted by legal representative, the following documents have to be submitted as well:

  • an identity document of legal representative;
  • a document that proves person’s authority as legal representative, except for cases when parents are legal representatives; and
  • a birth certificate – if applicable.

In case if the application on the registration of the person under the age of 14 is submitted by relatives, legal representative or director of the children's institution, following documents have to be submitted as well:

  • an identity document of an applicant;
  • a document that proves family relationship between the child and the applicant; and
  • a document that proves person’s authority as representative of the custody and guardianship authority or director of the children's institution, health care institution or social protection institution for children, where the child is on full state support, as well as the document that proves the fact of child's enrolment in such institution.

On the day of submitting the application  a certificate on registration of internally displaced person will be issued to an applicant. If a mark on its registered place of residence is absent in the provided document, then the certificate will be issued within 15 working days. The service is free of charge. Personal information is included in the Unified Information database of Internally Displaced Persons. 

An adult or a person under the age of 18 who has tax identification number, can submit the application via Diia Portal. If a person has children, submitting the application for their registration is possible only if the information contained in the birth certificate of such children is displayed in electronic form.

You do not need to submit any other documents to obtain the certificate. Such person may, by means of the Diia Portal, generate an electronic certificate confirming the fact of internal displacement and registration, after an inclusion of personal information in the Unified Information Database of Internally Displaced Persons. 

Support program of internally displaced persons

The legal status of internally displaced persons is determined by the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons".

Due to this status, a person can receive the right to free secondary legal aid, monthly targeted assistance to cover living expenses, re-registration of social benefits, etc.

Since the beginning of the anti-terrorist operation, in according to the Resolution of the Cabinet of Ministers of Ukraine No.505 dated 1 October 2014 "On Providing Monthly Targeted Assistance to the Internally Displaced Persons to Cover Living Expenses, Including Housing and Utility Services", the primary right to receive the state financial assistance had the persons whose housing was destroyed or became uninhabitable in the result of anti-terrorist operation or measures to ensure national security and defence, repel and deter armed aggression of the russian federation, as well as persons who moved from:

  • temporarily occupied territories in Donetsk and Luhansk regions, Crimea and Sevastopol;
  • settlements included in the List of Settlements Where State Authorities Temporarily Do Not Exercise Their Powers; or
  • settlements included in the List of Settlements Located Along the Contact Line.

In accordance with the Procedure for Providing Payment of Housing Allowances to Internally Displaced Persons, the right to receive an assistance is given to the persons who:

  • moved from the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol or from the territory of the administrative-territorial unit where the hostilities were taking place and defined in the List; or
  • as of 1 March 2022 received monthly targeted assistance to cover living expenses, including housing and utility services in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 505 dated 1 October 2014.

In other words, the above-mentioned financial assistance can also be received by "two times refugees" - Ukrainians who have left their homes since 2014 due to the armed aggression in Donetsk and Luhansk regions and who are forced to move to safer regions of the country due to the armed aggression of the russian federation on 24 February 2022.

Persons, who were registered as internally displaced persons before 24 February 2022 in the regions not included in the List, cannot receive the assistance, except for persons who received monthly targeted assistance for internally displaced persons to cover living expenses, including housing and utility services.

Terms and amount of housing allowances

This assistance is accrued monthly during martial law and one month after its termination or cancellation for each internally displaced person, information of which is included in the Unified Information Database of Internally Displaced Persons. 

The amount of assistance is UAH 3,000 for children and persons with disabilities, and UAH 2,000 for an adult. The assistance is paid for a full month, regardless of the application date, and the date of termination or cancellation of martial law.

An applicant should submit an application to receive the assistance:

  • to the social protection bodies of local, local state administrations in Kyiv or executive bodies of city, local councils in cities, and during martial law also to the authorized person of the territorial community / Administrative Service Centre; or
  • via Diia Portal.

Persons who, as of 1 March 2022, received monthly targeted assistance to cover living expenses, including housing and utility services in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 505 dated 1 October 2014, are automatically entitled to the receipt of the housing allowances and thus should not submit an additional request.

Information on the submitted applications will be included in the Register of Internally Displaced Persons Who Have Applied for Housing Allowances.

Join EVERLEGAL NewsBox to receive relevant legal insights every month

We solve your legal issues
However complex they are
Wherever they occur
Whenever you need us