Updated version of the section “Development of Volunteer Activity” of the Legal Reforms Roadmap for civil society presented in Kyiv

July 21, 2023

Updated Section 5 “Development of Volunteer Activity” of the Legal Reforms Roadmap for Civil Society in Ukraine was presented in Kyiv.

The presentation, organized by the Centre for Democracy and Rule of Law, took place at Ukrinform.

 

“We describe a problem that is urgent, a situation that should be changed by amending the legislation or by adopting new legislation. We also propose solutions that could solve the situation. We offer specific solutions to specific pieces of legislation that should change the situation for the better,” said Nataliia Povtar, a lawyer at the Centre for Democracy and Rule of Law.

The first problem mentioned in the document is the lack of financial support for CSO volunteer projects from the state and local budgets. Among the solutions proposed are the development and adoption of the Resolution of the Cabinet of Ministers of Ukraine, which will determine the procedure for providing institutional support to CSOs in the field of volunteering, development and approval of the state target program to promote volunteering in Ukraine, which will include a section on financing competitions for projects in the field of volunteering and so on.

The second problem is the absence of a state target program to promote the development of volunteering. The solutions proposed include popularization of volunteering in Ukraine, promotion of local targeted programs for the development of volunteering, involvement of Ukrainians and CSOs in volunteer programs of the European Union and the like.

“We need to think about how to maintain the level of volunteering, how to translate volunteer activities into other forms, to make them focused on long-term or systemic involvement of volunteers. We need to work on this just within the state target program,” stressed Ms. Povtar.

The third problem is the lack of state tools to recognize and support volunteering. The document introduces proposals to amend the legislation to define the concept of “per diem expenses” for volunteering, to fix the classification of volunteering into long- and short-term at the legislative level, the possibility of taking into account volunteering in the labor (insurance) record, the right to additional paid leave for volunteer activities.

The fourth problem is the existence of age restrictions on persons carrying out volunteer activities and the low level of children’s involvement in volunteer activities. The document proposes amendments to the Law of Ukraine “On Volunteer Activity” regarding the possibility of engaging children in volunteering in accordance with the Law of Ukraine “On Basic Principles of Youth Policy”, which provides for involvement in the activities of children’s NGOs from the age of 6.

The fifth problem is the need to provide an opportunity to receive welfare benefits for volunteers who became people with disabilities and family members of deceased volunteers in the areas of combat operations with the extension to the entire territory of Ukraine. To solve the problem it is proposed to adopt amendments to CMU Resolution No. 604 returning the right to assistance for volunteers who help civilians, assign to the Ministry of Social Policy the authority to create and organize an interdepartmental commission that decides on the payment of a lump-sum benefit in case of death or disability of a volunteer.

The sixth problem is an imperfect approach to taxation and reporting in the activities of individual benefactors (ATO volunteers). To solve the problem, it is proposed to amend the Tax Code of Ukraine on the issue of documentary confirmation of expenditures and the term of registration of individual benefactors in the “Register of Volunteers”, to develop and disseminate recommendations on reporting and documentary confirmation for funds raised and spent by individual benefactors.

The seventh problem is the need to simplify the legislative conditions for attracting foreign volunteers and their activities. The document provides for the advocacy of amendments to a number of legislative acts on the abolition of D-10 visa and increasing the period of possible stay on the territory of Ukraine for foreigners and stateless persons who came to Ukraine for volunteering as a prerequisite for obtaining a residence permit in Ukraine, abolition of consular visa fees for volunteers, settlement of the issue of registration of the place of residence for a foreign volunteer.

The eighth problem is the low level of involvement of volunteers in the work with the executive authorities and local self-government. Solution for this problem: Introduction of local target programs for the development of volunteer activities, development of methodological guidelines on the involvement of volunteers for state authorities, creation of conditions for training in volunteer management and involvement of civil servants in volunteer activities.

Legal Reforms Roadmap for Civil Society in Ukraine is an analytical, visionary and policy document that outlines the civil sector’s vision of reform priorities and improves the legal environment for civil society organizations of Ukraine for 2021-2025.

This document was developed within the Ukraine Civil Society Sectoral Support Activity, which is implemented by the Consortium of the Initiative Center to Support Social Action “Ednannia”, Ukrainian Center for Independent Political Research and Centre for Democracy and Rule of Law with the support of the American people through United States Agency for International Development (USAID).

The document covers a large number of issues in order to improve the activities of civil society organizations ranging from issues of establishment, legal status, taxation to the development of volunteering and the protection and security of civil society organizations and activists.

As Ukrinform reported, almost 50% of Ukrainians are engaged in volunteering. 6% of Ukrainians are constantly engaged in volunteering, and 43% are engaged from time to time.

Based on Ukrinform materials