The Most Significant Reform of IDP Rights Legislation Since 2014: East SOS Advocacy Team Analyses Law No. 12301

On July 1, the Verkhovna Rada of Ukraine adopted Draft Law No. 12301, introducing comprehensive amendments to legislation governing the protection of the rights of internally displaced persons (IDPs). It represents the most significant reform of Ukraine’s IDP legislation since 2014.

When the Law of Ukraine on Ensuring the Rights and Freedoms of Internally Displaced Persons was adopted in 2014, it was designed as a response to the first wave of internal displacement caused by the temporary occupation of Crimea and parts of Donetsk and Luhansk oblasts. However, following the onset of russia’s full-scale invasion, Ukraine’s support system for people forced to flee their homes required a fundamental change. The scale of displacement, the challenges faced by displaced people, and the state’s role in protecting their rights have all changed significantly. The new law is intended to reflect these new realities.

Among its key developments are:

• A shift from temporary assistance to long-term solutions. The law aims to establish a state policy that goes beyond responding to displacement by promoting the adaptation, integration, and reintegration of internally displaced persons.
  
• The introduction of new legal concepts. For the first time, the law defines adaptation, integration, reintegration, and needs assessment for internally displaced persons, providing a clearer legal framework for implementing legislation and developing state support programs.
  
• A needs-based approach to assistance. State support should be based on the individual needs of displaced people and their families, rather than solely on their IDP registration status.
  
• Stronger housing guarantees. The law recognizes the need to develop long-term housing mechanisms and tools for internally displaced persons.
  
• Protection against discrimination in pension rights. It explicitly states that people displaced by the war must not face additional restrictions in exercising their right to a pension.
  
• Digitalization of public services. It promotes the development of digital services and simplified interaction between internally displaced persons and public authorities.

The advocacy experts of East SOS believe that the new law effectively lays the foundation for a new long-term state policy on internal displacement. At the same time, they emphasize that its adoption is only the first step. Many of its provisions still need to be detailed through regulations. Whether the guarantees enshrined in the law become effective mechanisms for protecting people’s rights will depend on the content of these implementing regulations, local initiatives, adequate funding, and consistent implementation in practice.

Monitoring the implementation of the new legislation on the rights of internally displaced persons is now one of the key priorities for Ukraine’s human rights community.

The full legal analysis is available below.

The advocacy activities are carried out within the project “Protection and Psychosocial Services for People with Limited Mobility and Persons with Disabilities Affected by the War”, implemented with the support of the Swedish International Development Cooperation Agency (SIDA).