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20.09.19

Today we present ‘Restoration of social ties between TOT residents by improving access to the most requested services’ research findings.

This survey aims to find out how, given the current restrictions on freedom of movement in Donbas, it is possible to alleviate the condition of people affected by an armed conflict and to grant them access to the most requested services.

This monitoring was conducted by CF ‘Right to Protection’ within the framework of the Multi-Sectoral Humanitarian Aid to Conflict-Affected Populations in Eastern Ukraine Project implemented by CF ’Right to Protection’ with the financial support of the European Commission under the European Union Civil Protection and Humanitarian Aid within the ACCESS consortium and with the assistance of the Advocacy, Protection and Legal Assistance to IDPs Project, implemented by CF ‘Right to Protection’ with the support of the United Nations Refugee Agency (UNHCR).

The document is available both in Ukrainian and English.

17.09.19

Today we present R2P report ‘Crossing the line of contact’ for August 2019. It is based on data collected during 47 visits to the five entry-exit checkpoints (EECPs) in August 2019. More statistical data can be found on the Eastern Ukraine Checkpoint Monitoring Online Dashboard.

Highlights:

▪ Maiorske EECP was closed on 28/08/2019 from 13:15 to 14:20 due to the “red” alert. According to the people traveling from NGCA, they had to wait on the checkpoint without a bomb shelter during the alert. Civilians in GCA were evacuated from the EECP.

▪ UNHCR with support from its partner NGO Proliska launched an electric car at Stanytsia Luhanska EECP to transport most vulnerable pedestrians: 75+, people with disabilities, pregnant women and children. The electric car operates daily from 7 AM to 5 PM and can transport up to 400 people a day.

▪ By the end of August, the demining process in the vicinity of Stanytsia Luhanska EECP was completed in GCA, preparations for the reconstruction of the bridge are in progress.

▪ The number of respondents who were accompanying minors (mostly (90%) – NGCA residents) reached 15%, which is 8% more than the average for previous months of 2019. Older people were less likely to travel with children (6% compared to 37% of respondents aged 18-34). Such respondents had substantially different reasons for crossing, as seen on the chart.

The report is based on the results of a survey conducted by R2P at the five EECPs to enter the NGCA and administered on a regular basis since June 2017. The survey is a part of the monitoring of violations of rights of conflict-affected populations within the framework of the project ‘Advocacy, Protection and Legal Assistance to IDPs’ implemented by R2P, with the support of UNHCR. The purpose of the survey is to explore reasons and concerns of those traveling from the NGCA to the GCA, as well as conditions and risks associated with crossing the line of contact through EECPs. The information collected in the survey helps identify protection needs, gaps and trends, and provides an evidentiary basis for advocacy efforts.The document can be downloaded in English and Ukrainian.

11.09.19
09.09.19

Olena is an IDP and a student. She studied and received a survivor’s pension. In July 2018, after the end of the academic year, her pension was suspended.

On September 6, 2018, she submitted a certificate of study at the university to the Department of Pension Fund of Ukraine (DoPFU), so in November the payments were reinstated. However, she received her pension only for November. Olena addressed the PFU again. But PFU in a written reply stated that the pension arrears for the previous period (from July 1 to October 31, 2018) will be paid in accordance with the Resolution of the Cabinet of Ministers of Ukraine (CMU) No. 335 dated April 25, 2018. That is, they promised to pay the arrears on a special Order. The only problem is that the Order does not exist, because the CMU did not accept it.

The girl addressed to CF “The Right to Protection”. Its lawyer Vira Turu applied to PFU and cited the norms of the current Ukrainian legislation regarding the unlawfulness of non-payment of pension arrears. Thanks to this, the dispute was resolved in a pre-trial order – In February 2019, Olena received pension arrears for the entire period.

09.09.19

Olena is an IDP and a student. She studied and received a survivor’s pension. In July 2018, after the end of the academic year, her pension was suspended.

On September 6, 2018, she submitted a certificate of study at the university to the Department of Pension Fund of Ukraine (DoPFU), so in November the payments were reinstated. However, she received her pension only for November. Olena addressed the PFU again. But PFU in a written reply stated that the pension arrears for the previous period (from July 1 to October 31, 2018) will be paid in accordance with the Resolution of the Cabinet of Ministers of Ukraine (CMU) No. 335 dated April 25, 2018. That is, they promised to pay the arrears on a special Order. The only problem is that the Order does not exist, because the CMU did not accept it.

The girl addressed to CF “The Right to Protection”. Its lawyer Vira Turu applied to PFU and cited the norms of the current Ukrainian legislation regarding the unlawfulness of non-payment of pension arrears. Thanks to this, the dispute was resolved in a pre-trial order – In February 2019, Olena received pension arrears for the entire period.

16.08.19

Today we present the report ‘Crossing the line of contact’ for July 2019. It is based on data collected during 45 visits to the five entry-exit checkpoints (EECPs) in February 2019. More statistical data can be found on the Eastern Ukraine Checkpoint Monitoring Online Dashboard.

· Première Urgence Internationale (PUI) reported about the increase in the number of people seeking medical assistance at Marinka EECP. The number of people fainting at Stanytsia Luhanska is still alarmingly high. On July 1-3 this number was in peak, surpassing 80 persons per day.

· A free bus route for older people and people with disabilities at Stanytsia Luhanska was launched in the GCA by Luhansk Oblast administration on July 15. The share of complaints about long distance to walk at this EECP decreased by 43% (from 73% in June to 30% in July), following the launch.

· On July 21 at around 12:00 an unexploded mine was found by the SES at Maiorske EECP, causing a suspension of operation on July 21 (partially) and 22.

· Minor changes in demographics were observed in comparison to June. The share of younger respondents increased by 8% due to the vacation season (vacation was one of the three most common reasons for crossings among respondents aged 18-34 in July).

· The share of respondents who were concerned about long waiting times in July was 10% higher than in June. The sharpest increase was at Stanytsia Luhanska (9% to 56%).

The report is based on the results of a survey conducted by R2P at the five EECPs to enter the NGCA and administered on a regular basis since June 2017. The survey is a part of the monitoring of violations of rights of conflict-affected populations within the framework of the project ‘Advocacy, Protection and Legal Assistance to IDPs’ implemented by R2P, with the support of UNHCR. The purpose of the survey is to explore reasons and concerns of those traveling from the NGCA to the GCA, as well as conditions and risks associated with crossing the line of contact through EECPs. The information collected in the survey helps identify protection needs, gaps and trends, and provides an evidentiary basis for advocacy efforts.

The document can be downloaded in English and Ukrainian.

16.08.19

Today we present the report ‘Crossing the line of contact’ for July 2019. It is based on data collected during 45 visits to the five entry-exit checkpoints (EECPs) in February 2019. More statistical data can be found on the Eastern Ukraine Checkpoint Monitoring Online Dashboard.

· Première Urgence Internationale (PUI) reported about the increase in the number of people seeking medical assistance at Marinka EECP. The number of people fainting at Stanytsia Luhanska is still alarmingly high. On July 1-3 this number was in peak, surpassing 80 persons per day.

· A free bus route for older people and people with disabilities at Stanytsia Luhanska was launched in the GCA by Luhansk Oblast administration on July 15. The share of complaints about long distance to walk at this EECP decreased by 43% (from 73% in June to 30% in July), following the launch.

· On July 21 at around 12:00 an unexploded mine was found by the SES at Maiorske EECP, causing a suspension of operation on July 21 (partially) and 22.

· Minor changes in demographics were observed in comparison to June. The share of younger respondents increased by 8% due to the vacation season (vacation was one of the three most common reasons for crossings among respondents aged 18-34 in July).

· The share of respondents who were concerned about long waiting times in July was 10% higher than in June. The sharpest increase was at Stanytsia Luhanska (9% to 56%).

The report is based on the results of a survey conducted by R2P at the five EECPs to enter the NGCA and administered on a regular basis since June 2017. The survey is a part of the monitoring of violations of rights of conflict-affected populations within the framework of the project ‘Advocacy, Protection and Legal Assistance to IDPs’ implemented by R2P, with the support of UNHCR. The purpose of the survey is to explore reasons and concerns of those traveling from the NGCA to the GCA, as well as conditions and risks associated with crossing the line of contact through EECPs. The information collected in the survey helps identify protection needs, gaps and trends, and provides an evidentiary basis for advocacy efforts.

The document can be downloaded in English and Ukrainian.

05.08.19

Ivan Vitaliyevich Sych (the full name is changed, – Ed.) is 58 years old. In 2011, he retired in 2011 and was registered in one of the district offices of the Pension Fund of Ukraine in Donetsk. In autumn 2014, he was forced to move to Olexandrivka village in Kirovohrad oblast. After he was registered by PFU at his new place of residence, Ivan Vitaliyevich’s pension, which was suspended in August 2014, was restored, and he received the pension arrears.
But in November 2016, the local DoPFU unlawfully stopped payments, due to a Сommission on the Assignment (Restoration) of Social Payments to Internally Displaced Persons of the Oleksandrivka District State Administration of Kirovohrad oblast with regard to establishing the fact of Ivan’s absence from his actual place of residence in Oleksandrivka.
Following the reinstatement from 1 December 2017, the local PFU refused to pay the debt for the period from 1 November 2016 to 1 December 2017. Ivan Vitalyevich was unable to defend his rights and protect his proprietary interests, so in March 2018 he appealed to the CF ‘Right to Protection (R2P) hotline for help.
Lawyers in R2P’s Dnipro office consulted with him and took up the case. They prepared a statement of the claim in Kirovohrad District Administrative Court. In early May 2018, the court began proceedings, and on 5 June the claims were sustained. The court ordered the DoPFU in Kirovohrad Oblast to pay the man his due pension, and also to report on the execution of the court’s judgment within a month.
The Pension Fund did not comply with the judgment, so in March 2019 the lawyers of the R2P Dnipro office appealed to the Kirovohrad District Administrative Court. This time they asked for the findings on the DoPFU report, and, in case of failure to submit the report or false information provided in report, to impose a fine on the head of DoPFU for non-compliance with the decision and requirements of the court, in accordance with Article 382 of the Code of Administrative Procedure of Ukraine.
The court imposed a fine on the head of the DoPFU in Kirovohrad oblast for non-compliance with the court judgment, and awarded 50% of this fine to the plaintiff, Ivan Sych. On 18 April 2019, the judgment regarding the obligation to pay the pensioner his due pension for the period from 1 November 2016 to 1 December 2017, was fully executed. And after the Third Administrative Court of Appeal left the appeal of the DoPFU in Kirovohrad oblast without satisfaction in June of this year, the fine was paid and the amount was received by Ivan Vitaliyevich.

05.08.19

Ivan Vitaliyevich Sych (the full name is changed, – Ed.) is 58 years old. In 2011, he retired in 2011 and was registered in one of the district offices of the Pension Fund of Ukraine in Donetsk. In autumn 2014, he was forced to move to Olexandrivka village in Kirovohrad oblast. After he was registered by PFU at his new place of residence, Ivan Vitaliyevich’s pension, which was suspended in August 2014, was restored, and he received the pension arrears.
But in November 2016, the local DoPFU unlawfully stopped payments, due to a Сommission on the Assignment (Restoration) of Social Payments to Internally Displaced Persons of the Oleksandrivka District State Administration of Kirovohrad oblast with regard to establishing the fact of Ivan’s absence from his actual place of residence in Oleksandrivka.
Following the reinstatement from 1 December 2017, the local PFU refused to pay the debt for the period from 1 November 2016 to 1 December 2017. Ivan Vitalyevich was unable to defend his rights and protect his proprietary interests, so in March 2018 he appealed to the CF ‘Right to Protection (R2P) hotline for help.
Lawyers in R2P’s Dnipro office consulted with him and took up the case. They prepared a statement of the claim in Kirovohrad District Administrative Court. In early May 2018, the court began proceedings, and on 5 June the claims were sustained. The court ordered the DoPFU in Kirovohrad Oblast to pay the man his due pension, and also to report on the execution of the court’s judgment within a month.
The Pension Fund did not comply with the judgment, so in March 2019 the lawyers of the R2P Dnipro office appealed to the Kirovohrad District Administrative Court. This time they asked for the findings on the DoPFU report, and, in case of failure to submit the report or false information provided in report, to impose a fine on the head of DoPFU for non-compliance with the decision and requirements of the court, in accordance with Article 382 of the Code of Administrative Procedure of Ukraine.
The court imposed a fine on the head of the DoPFU in Kirovohrad oblast for non-compliance with the court judgment, and awarded 50% of this fine to the plaintiff, Ivan Sych. On 18 April 2019, the judgment regarding the obligation to pay the pensioner his due pension for the period from 1 November 2016 to 1 December 2017, was fully executed. And after the Third Administrative Court of Appeal left the appeal of the DoPFU in Kirovohrad oblast without satisfaction in June of this year, the fine was paid and the amount was received by Ivan Vitaliyevich.[/vc_column_text]