Committee on the Rights of the Child
9–27 May 2022
Consideration of reports of States parties
Replies of Ukraine to the list of issues in relation to its combined fifth and sixth periodic reports *
[Date received: 4 January 2022]
Reply to paragraph 1 (a) of the list of issues in relation to the combined fifth and sixth periodic reports of Ukraine (CRC/C/UKR/Q/5-6)
1.The Procedure for enrolling children for 24-hour stay in institutions regardless of their type, form of ownership and affiliation (Resolution of the Cabinet of Ministers of Ukraine No. 586 of 1.06.2020 “Some matters of the protection of children in the context of combating the consequences of the COVID-19 acute respiratory infection caused by SARS-CoV-2 virus” (as amended)) has been approved.
2.For the quarantine period:
•Payment of state social allowances without the need to apply in person to the social protection authorities has been ensured (Resolution of the Cabinet of Ministers of Ukraine No. 264 of 8.04.2020 “Some matters of state social allowance provision”);
•Payment of child benefit has been introduced for the individual entrepreneurs who opted for the simplified taxation system and belong to the first and second groups of the single tax payers (Resolution of the Cabinet of Ministers of Ukraine No. 329 of 22.04.2020 “Some matters of social support for families with children”), in the amount of the subsistence minimum fixed for children of respective age groups as of 1 January 2020.
3.The provisional recommendations on the organization of anti-epidemic measures in children’s health rehabilitation and recreation facilities for the period of the quarantine imposed due to the spread of the coronavirus disease (COVID-19), approved by the Resolution of the Chief Public Health Officer of Ukraine No. 43 of 30.07.2020, govern the organization of children’s health rehabilitation and recreation.
4.Funds have been allocated in the state budget for conducting in 2021 a health rehabilitation campaign under the budget programme 2501450 “Health rehabilitation and recreation of children in need of particular attention and support in Artek and Moloda Hvardiia children’s health rehabilitation camps” (UAH 243,458 thousand) and under the budget programme 2501350 “Health rehabilitation and recreation of children in need of particular attention and support in children’s top-class health rehabilitation and recreation facilities situated in mountainous areas (areas with settlements categorized as mountainous” (UAH 150 mln).
5.Anti-epidemic measures in educational institutions for the period of the quarantine imposed due to the spread of the coronavirus disease (COVID-19) have been approved by the Resolution of the Chief Public Health Officer of Ukraine No. 50 of 22.08.2020, namely:
•Any mass educational, sports, arts and cultural events in all educational institutions have been restricted;
•It has been recommended to ensure organization of the educational process in the online format;
•Since January 2021, 69,296 children have contracted coronavirus disease (COVID-19), of which 62,647 children have been cured of it, and 23 children have died from its negative effects.
Reply to paragraph 1 (b) of the list of issues
6.The Law No. 3055 “On Amending Some Legislative Acts of Ukraine concerning Implementation of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the Lanzarote Convention)” has been adopted:
•Introducing a special mechanism for preventing (averting) abuse of children by persons working in contact with them;
•Specifying in more detail the measures for the protection of child victims or witnesses of sexual violence;
•Criminalizing commission of sexual actions with a person who has not attained sixteen years of age;
•Adding new articles to the Criminal Code of Ukraine:
•“Sexually harassing a child”;
•“Knowingly obtaining access to, procuring, possessing, producing or distributing child pornography”;
•“Knowingly obtaining access to, possessing, procuring, importing, producing or distributing child pornography”.
Reply to paragraph 1 (c) of the list of issues
7.To implement the State Social Programme “National Action Plan for the Implementation of the UN Convention on the Rights of the Child” for up to 2021, UAH 7,747,726.53 has been allocated for 2018-2020, including UAH 7,435,437.11 from the state budget, and UAH 312,289.42 from local budgets.
Reply to paragraph 1 (d) of the list of issues
8.The Resolution of the Cabinet of Ministers of Ukraine No 901 of 30 September 2020 has amended the Regulations on the Inter-agency Commission on Protection of Childhood approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1200 of 3 August 2000 “On establishing the Inter-agency Commission on Protection of Childhood”, namely the list of the representatives of the public authorities and institutions related to children’s rights protection who are members of the Commission has been updated, and the procedure for participation of the authorized representatives / Commission members in vote-based decision making and in implementation of the Commission’s proposals and recommendations has been refined.
Reply to paragraph 1 (e) of the list of issues
9.According to Article 17 of the Law of Ukraine “On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights”, the Commissioner receives and examines appeals from Ukrainian citizens, foreigners, and stateless persons, including appeals filed directly by children.
10.The Commissioner receives and examines citizen appeals according to the Law of Ukraine “On Citizen Appeals”. An applicant may file an appeal personally, by mail, phone or email.
11.The number of notices received by the Commissioner for the Rights of the Child has been recently growing: from 822 notices in 2018 to 1,006 in 2019, 1,677 in 2020 and 1,618 notices in 2021. The main questions most often brought up include protection of the right of the child to be cared for by his or her parents, the right to be raised in a family, the right to education, the right to maintenance by his or her parents, etc.
12.On June 6, 2018, the Government adopted the Resolution “Some Issues of the Education Ombudsman”, which approved the Regulations on the Education Ombudsman and the Procedure and Conditions for Appealing to the Education Ombudsman.
Reply to paragraph 2 (a) of the list of issues
13.The Order of the Cabinet of Ministers of Ukraine of July 28, 2021 № 866-r approved the Strategy for Promoting the Realization of the Rights and Opportunities of Persons Belonging to the Roma National Minority in Ukrainian Society until 2030. The aim of the Strategy is to create conditions for the realization of the rights and opportunities of persons belonging to the Roma national minority, taking into account the challenges associated with difficult life circumstances and the desire for full self-realization in cultural, social, economic and political life.
Reply to paragraph 2 (b) of the list of issues
14.The Law of Ukraine No. 936-VIII of 26.01.2016 “On Amending Some Legislative Acts of Ukraine to Strengthen Social Protection of Children and Support of Families with Children” introduced the notion of “the best interests of child”.
15.Article 9 of the Law of Ukraine “On Protection of Childhood” recognizes the child’s right to express their views and receive information freely. In particular, according to the Law, “children shall have the right to approach public authorities, local governments, enterprises, institutions, organizations, mass media and officials thereof with comments and proposals concerning their activities, applications and petitions concerning the exercise by children of their rights and legitimate interests, and complaints about their violation”.
16.The national legislation allows courts to take by themselves (upon their own initiative) any measures to protect a child. A court has the right to collect evidence by itself when it is necessary for protection of juveniles or minors (Article 13 of the Civil Procedure Code).
17.The issue of representing the interests of children in courts, in relations with other bodies, institutions, enterprises and organizations is entrusted to the service of children as a structural unit of the body of guardianship and custody.
18.Services for children has already been established in 1,422 territorial communities.
Reply to paragraph 2 (c) of the list of issues
19.The procedure for using surrogacy maternity and other types of assisted reproductive technology was approved by the Order of the Ministry of Health of Ukraine No. 787 of 9.09.2013 (hereinafter referred to as the Procedure).
20.The Procedure defines conditions and indications for surrogacy, requirements to surrogate mothers, and a programme implementation algorithm.
21.According to the Procedure, if a baby is born to a woman into whose organism a human embryo conceived by spouses due to ART was transferred, state registration of birth of the child is carried out upon the application of the spouses who gave their consent for such transfer.
Reply to paragraph 3 (a) of the list of issues
22.Families with children in difficult life circumstances, including those affected by hostilities and armed conflict, receive:
•Social services which do not include provision of permanent or systematic integrated assistance (information, counselling, mediation, shelter, representation of interests, etc.);
•Integrated social services which include concerted expert actions on provision of permanent or systematic integrated assistance (care, upbringing, co-residence, social support, crisis intervention, supported living, social adaptation, social integration and reintegration, etc.);
•Integrated specialized social services provided to a certain category of social service recipients (particularly victims of human trafficking, refugees, etc.);
•Auxiliary social services provided in the form of in-kind aid (food products, personal hygiene means and products, sanitation and cleaning materials, care products, clothes, footwear and other daily necessities, organization of catering, provision of fuel, etc.).
23.As of 1.11.2021, 73,332 children in Ukraine have been granted the status of a child affected by hostilities and armed conflict. Out of that number of children:
•731,236 suffered from psychological violence;
•95 were wounded, injured or contused, including 27 children with disabilities receiving state social assistance and rehabilitation services.
Reply to paragraph 3 (b) of the list of issues
24.A decision on establishing the fact that a person (child) suffered health damage caused by ammunition in the ATO/JFO area is issued by the Inter-agency Commission established in the Ministry of Veterans Affairs of Ukraine according to the Procedure for the establishing a relationship between disability and wounds or other health damages approved by the Resolution of the Cabinet of Ministers of Ukraine No. 306 of 25.04.2018 “Some matters of establishing a relationship between disability and wounds or other health damages”.
25.Based on the above-mentioned decision, medical advisory commissions establish a causal relationship between disability and wounds or other heath damages suffered by children who have become children with disabilities due to wounds or other health damages caused by explosives, ammunition and military armaments in the anti-terrorist operation area, according to the Regulations on a Medical Advisory Commission approved by the Resolution of the Cabinet of Ministers of Ukraine No. 917 of 21.11.2013 “Some matters of establishing children’s disability by medical advisory commissions”.
Reply to paragraph 3 (c) of the list of issues
26.The situation concerning pre-trial investigation in criminal proceedings where offences were committed by minors as well in criminal proceedings where crimes were committed against minors is governed by Chapter 38 of the CCP of Ukraine “Criminal proceedings against minors”, particularly by the second part of Article 484 of the CCP of Ukraine.
27.Pursuant to instructions of the Cabinet of Ministers of Ukraine No. 13547/0/1-17 of 6.04.2017 and No. 15455/6/1-17 of 4.05.2017, the Chief Investigation Department (CID) ensures control of pre-trial investigation in criminal proceedings initiated in respect of crimes committed against children affected by hostilities and armed conflict in the temporarily occupied territories of the Autonomous Republic of Crimea and Sevastopol city, Donetsk and Luhansk oblasts.
28.During January-October 2021, a total of 1,780 children were registered in the juvenile prevention units of the National Police of Ukraine, including 180 under 14 and 1,600 under 17.
29.In total, 6460 administrative offenses committed by children were revealed, and 73,630 were committed against children.
30.At the same time the number of children victims of criminal offenses is 3695, including 1305 under 14 and 2390 under 17. Of these, 59 children under Article 115 – 118 (premeditated murder and attempted murder) of the Criminal Code, minors – 19), Article 152 (Rape) of the Criminal Code – 173 children (minors – 68, minors – 105), Article 153 (Violent gratification of sexual desire in an unnatural way) of the Criminal Code – 44 children (minors – 22, minors – 22), Article 155 (Sexual intercourse with a person who has not reached sexual maturity) – 69 children (minors – 9, minors – 60), Article 156 (Corruption of minors) – 173 children (minors – 121, minors – 52).
Reply to paragraph 3 (d) of the list of issues
31.Investigators of the territorial bodies of the Prosecutor General’s Office of Ukraine (PGO) have initiated 122 criminal proceedings in respect of unlawful actions committed by members of illegal armed groups of the so-called “L/DPR” in the temporarily occupied territories of Donetsk and Luhansk oblasts due to which 143 children were affected (100 children sustained bodily injuries of various severity degrees, wounds caused by explosions and mortar shells, or other types of wounds, and 43 children were killed).
32.The PGO investigators carry out pre-trial investigations in 73 criminal proceedings initiated according to Article 260 (“Creation of unlawful paramilitary or armed units”) of the Criminal Code of Ukraine in respect of the participation of 73minors in the unlawful armed or military units of the so-called “L/DPR”.
Reply to paragraph 3 (e) of the list of issues
33.By now, 177,445 children from certain districts of Donetsk and Luhansk oblasts and 9,466 children from the AR of Crimea and Sevastopol city (more than 180 thousand children in total) displaced to various regions of Ukraine are provided with state social guarantees set forth by legislation.
34.Every child from among internally displaced persons, aged 0 to 18, daytime students of higher educational institutions and pupils of vocational educational institutions who have attained 18 years of age (until completion of education but no longer than attainment of 23 years of age) have the right to be paid a targeted monetary aid in the amount of 1,000 hryvnias.
35.The number of children in this category and their coverage with social services is increased from year to year:
•2018: 10,611 children registered; 3,231 of them covered by social services;
•2019: 39,063 children registered; 8,285 of them covered by social services;
•2020: 56,653 children registered; 11,420 of them covered by social services;
•As of 1.05.2021: 64,643 children registered; 12,949 of them covered by social services.
Reply to paragraph 3 (f) of the list of issues
36.Main guarantees of observance of the rights, freedoms and legitimate interests of internally displaced persons, including children, are established by the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons”.
37.According to the Resolution of the Cabinet of Ministers of Ukraine No. 505 of 1.10.2014 “On the Provision of a Monthly Targeted Aid to Internally Displaced Persons to Cover Living Expenses, Including for Payment for Housing and Utility Services” (as amended), every child from among internally displaced persons, aged 0 to 18, daytime students of higher educational institutions and pupils of vocational educational institutions who have attained 18 years of age (until completion of education but no longer than attainment of 23 years of age) have the right to be paid a targeted monetary aid in the amount of 1,000 hryvnias.
38.The Ministry of Social Policy provided for spending in the amount of UAH 16.1 billion to pay the monetary aid under the budget programme CPCEC 2501480 “Provision of a monthly targeted aid to internally displaced persons to cover living expenses, including for payment for housing and utility services” during 2014-2019, including UAH 3,042.6 million in 2019.
39.Article 44 of the Law of Ukraine “On Higher Education” establishes a number of privileges for children registered as internally displaced persons.
40.Children registered as internally displaced persons according to Article 1 of the Law of Ukraine “On Health Rehabilitation and Recreation of Children” are in need of particular social attention and support and receive vouchers for health rehabilitation and recreation at a discount.
41.The Verkhovna Rada of Ukraine has adopted the Law of Ukraine “On Amending Some Laws of Ukraine to Provide Children of Internally Displaced Persons with Free Meals”.
Reply to paragraph 4 of the list of issues
42.State birth registration of children born in the temporarily occupied territories (TOT) is conducted by civil status registration bodies pursuant to the court decisions on establishment of the fact of birth made within separate proceedings under the simplified procedure (Article 317 of the Civil Procedure Code of Ukraine).
43.Pursuant to Article 1(11) of the Decree of the President of Ukraine No. 647 of 4.09.2019 “On Some Measures to Ensure the Provision of Quality Public Services”, a draft law on amending some legislative acts of Ukraine to improve the procedure of receiving the state civil status registration services is under development. The draft law proposes, inter alia, to introduce the exterritoriality principle that means the possibility of state registration of a child’s birth by any state civil status registration body regardless of the place of residence of the child and his/her parents or regardless of the child’s birthplace, without production of a certificate from the child’s place of residence, upon the application of parents or other persons concerned.
Reply to paragraph 5 (a) of the list of issues
44.The Law of Ukraine “On Preventing and Combating Domestic Violence”, specifying the organizational and legal principles of preventing and combating domestic violence, has taken effect since 2018.
45.The Government has approved the Plan of Urgent Measures to Prevent and Combat Domestic Violence, Sex-based Violence, and to Protect the Rights of Persons Survivors of Such Violence. The measures are intended to ensure efficient response to domestic violence cases and develop a system of accessible specialized services for survivors.
46.During the I-III quarters of 2021, 205,608 complaints of domestic violence were recorded, 5,001 – from children.
47.The Ministry of Health has issued the Order No. 278 of 1.02.2019 “On approval of the Procedure for conducting, and documenting results of, health examination of persons survivors of domestic violence and alleged survivors of domestic violence, and for providing medical care to them”.
48.For the purpose of complying with the legislative requirements in view of adoption of the Law of Ukraine “On Preventing and Combating Domestic Violence” (No. 2229 of 7 December 2017), the Ministry of Education and Science of Ukraine has drafted, and circulated to education and science departments of the oblast state administrations and Kyiv city state administration for use in preventive educational activities.
49.In total during 2020/2021 academic year 1,166 measures were organized and conducted to prevent and combat violence.
50.In addition, the regional offices / centers of the psychological service organized and conducted 278 training seminars and trainings for teachers in the field of communication, emotional and ethical competence, combating violence.
Reply to paragraph 5 (b) of the list of issues
51.Of a safe information, space for children is defined as a priority in the State Social Programme “National Action Plan for the Implementation of the UN Convention on the Rights of the Child” for up to 2021.
52.A survey indicates that teenagers have expressed a wish to participate in the implementation of educational programmes under international projects concerning the protection of their rights in the information space.
53.In 9 months of 2021, the National Police blocked 97 thematic communities (groups) that promoted the cult of violence, infliction of bodily harm and suicides.
Reply to paragraph 5 (c) of the list of issues
54.The number of criminal offences committed against children has decreased during January-November 2021 by 5,6% (from 3,527 to 3,723) whereas the number of child victims of the offences has been 14.5% increased (from 1,170 to 3,830, including 1,170 victims of grave and particularly grave offences).
55.Territorial police bodies have received 192,425 applications and messages about committed offences and other domestic violence-related incidents, including 3,110 submitted personally by children.
56.121 children have been victims of criminal offences related to domestic violence including 76 juveniles (under 14 years of age) and 45 minors.
57.74,388 administrative offences have been found including: 28,994 concerning failure by parents or substitute parents to perform their child-rearing duties (Art. 184 of the Code of Administrative Offences of Ukraine (COA); 3,960 concerning family violence or failure to comply with a protective order (Art. 173-2 COA); 204 concerning bulling (mobbing) of educational process actors (Art. 173-4 COA).
58.The organizational and preventive measures taken have contributed to a 15.6% decrease (from 4,538 to 3,830) in the number of child victims of criminal offences, including a 10.5% decrease (from 1,307 to 1,170) in the number of victims of grave and particularly grave crimes.
59.The criminal offences registered by the police include 139 cases of sexual molestation of minors (Art. 157 of the Criminal Code of Ukraine (CCU)); 28 cases of sexual intercourse with a person under 16 (Art. 155 CCU); 33 cases of sexual violence (Art. 153 CCU). 175 children have become victims of the criminal offences under Art. 152 CCU (rape).
Reply to paragraph 5 (d) of the list of issues
60.The Order of the Cabinet of Ministers of Ukraine No. 1027-p of 18.12.2018 has approved the National Strategy of the Child Justice System Reform for up to 2023 (hereinafter referred to as the Strategy).
61.In pursuance of the Strategy, the Order of the Cabinet of Ministers of Ukraine No. 1335 of 27.11.2019 has approved the Action Plan for implementation of the National Strategy of the Child Justice System Reform for up to 2023. For the purpose of implementing an inter-institution platform for systemic discussion of problematic issues concerning the child justice development and for making concerted decisions meeting the best interest of the child, the Inter-agency Coordination Council on Juvenile Justice (hereinafter referred to as the Inter-agency Council) has been established, its activities being coordinated by the Ministry of Justice.
62.The scope of the right to free legal aid, the procedure for enjoyment of this right, grounds and procedure for provision of free legal aid, and state guarantees for provision of free legal aid are defined by the Law of Ukraine “On Free Legal Aid”.
63.According to Article 14 (1) (2) of the Law, children, including orphaned children, children deprived of parental care, children in difficult life circumstances, and children affected by hostilities or armed conflict, have the right to obtain free secondary legal aid. So far, children may obtain free legal aid only at the request of their legal representative.
Reply to paragraph 5 (e) of the list of issues
64.According to the Order No. 1908 of 18.08.2020 “On establishment of multidisciplinary working groups for development of sectoral medical care standards and approval of their personal composition” (as amended), the composition of working groups for development of sectoral standards and treatment protocols for each nosology and area has been approved.
Reply to paragraph 6 (a) of the list of issues
65.As of 31.12.2020, 69,572 persons have been registered as orphaned children and children deprived of parental care, including 975 internally displaced ones.
66.Development of the child foster care service continues, as an innovative service for a child’s temporary care, rearing and rehabilitation in a professional foster career’s family until the child’s parents or substitute persons have overcome their difficult life circumstances.
67.Foster care is an alternative to placement of children in boarding institutions.
68.During 2021, 54 potential foster care were undergoing or completed training.
69.As of 31.12.2020, 168 foster families have been functioning, where 936 children have been placed (8 families and 90 children more than in November 2020).
70.As of late 2021, family forms of upbringing cover 64,019 children, or 92% of the total number of such children.
71.Custody/guardianship is the most widespread form of placement – it covers 49,509 children who have been mostly placed in families of their relatives.
72.There are 1,236 family-type children’s homes and 3,172 adoptive families in Ukraine, bringing up 14,510 children, 452 more than in early 2020.
Reply to paragraph 6 (b) of the list of issues
73.The number of children in boarding institutions is 77,010 including 34,159 on the full-time basis. By now, this figure has decreased by 19% compared to the date on which quarantine was imposed.
74.During 2020, implementation of the objectives and activities envisaged by the National Strategy for the Reform of the Institutional Care and Upbringing of Children for 2017-2026 continued.
75.The Order of the Cabinet of Ministers of Ukraine No. 703-p of 1.06.2020 approved an action plan for the implementation of the second stage of the National Strategy for the Reform of the Institutional Care and Upbringing of Children for 2017–2026.
76.Prevention of social orphanhood currently remains to be a priority area in the protection of children’s rights.
77.According to regional data, social services have covered in 2020 more than 7 thousand families at risk of being left without up to 15 thousand children.
78.Due to the services provided, it was possible to let 93% of the children covered thereby (about 14 thousand) remain in their families.
Reply to paragraph 6 (c) of the list of issues
79.According to paragraphs 5–7, 11 and 12 of the Procedure for enrolling children for 24-hour stay in institutions regardless of their type, form of ownership and affiliation approved by the Resolution of the Cabinet of Ministers of Ukraine No. 586 of 1.06.2020 (hereinafter referred to as the Procedure), the question concerning reasonability of enrolling a child for 24-hour stay in an institution is considered by a commission for protection of the rights of child (hereinafter referred to as the commission) based on an application of one of the child’s parents or another legal representative and the documents mentioned in paragraph 11 of the Procedure (except for an opinion on the findings of the family’s/person’s (child’s) needs assessment for children with confirmed disabilities). The application should state a reason for placement of the child and a desired period of his/her stay in the institution.
Reply to paragraph 6 (d) of the list of issues
80.According to the Procedure of undertaking the activity related to protection of the rights of the child by custody and guardianship authorities, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 866 of 24 September 2008, the office for children’s affairs, involving representatives of education and health care authorities at the child’s place of residence, monitors the conditions of maintenance, training and upbringing of the child placed under custody/guardianship or in an adoptive family or a family-type children’s home, by visiting the family. Frequency of the visits is defined by a separate schedule but it is at least once a year, except for the first inspection that is carried out three months after placement under custody/guardianship, in an adoptive family or in a family-type children’s home.
Reply to paragraph 7 (a) of the list of issues
81.The Ministry of Social Policy has been working to create a social environment of equal opportunities for persons with disabilities and to integrate them in public life.
82.As of 1 January 2020, 2.7 mln people in Ukraine have disabilities, including 222.3 thousand persons with group I disabilities, 900.8 thousand persons with group II disabilities, 1,416.0 thousand persons with group III disabilities, and 163.9 thousand children with disabilities.
83.According to the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine”, a person with disability is a person with long-term impairments of organism functions which in interaction with environment may result in limitation of the person’s life activity, which in turn requires the State to provide proper conditions for full enjoyment by such a person of their rights and guarantees enshrined by the current legislation and for its social protection by means of creating legal, economic, political, social, psychological and other conditions.
84.In particular, social protection of persons with disabilities consists of pension provision, awarding of compensatory and governmental benefits, privileges and respective social services, health resort treatment, including establishment of custody (guardianship) or external care, implementation of rehabilitation activities, provision of technical and other rehabilitation equipment as well as motor vehicles.
Reply to paragraph 7 (b) of the list of issues
85.Resolution of the Cabinet of Ministers of Ukraine of December 14, 2016 № 978 approved the Standard Regulations on the orphanage. In this Model Regulation, the term “orphanage” means an inpatient social and medical institution designed for temporary or permanent stay or residence of children with disabilities aged 4 to 18 years and persons with disabilities under 35 years of age with physical and intellectual disabilities and mental disorders that require outside care for health reasons.
Reply to paragraph 7 (c) of the list of issues
86.Article 9 of the Law of Ukraine “On Education” and Article 35 of the Law of Ukraine “On Complete General Secondary Education” provide for operation of such types of educational institutions as a special school and a training and rehabilitation center, which ensure acquisition of general secondary education by children with special educational needs.
87.The Resolution of the Cabinet of Ministers of Ukraine No. 221 of 06.03.2019 approved the Regulations on a Special School and the Regulations on a Training and Rehabilitation Centre.
88.The main tasks of a training and rehabilitation centre are as follows:
(a)Acquisition of primary and basic secondary education by children with special educational needs caused by complex developmental disorders (hereinafter referred to as the children with complex disorders), with account of the specifics of their psychophysical development and according to the centre’s educational programme;
(b)Provision of systemic skilled psychological and pedagogical support to children with complex disorders, subject to their health status and psychophysiological development;
(c)Socialization and integration of children with complex disorders into society;
(d)Correction and developmental activities;
(e)Delivery of rehabilitation services according to an individual rehabilitation programme of a child with disability;
(f)Provision of consultations to parents or other legal representatives bringing up children with complex disorders, for mandatory engagement of the children in the educational process.
89.For reference, according to statistical information, 325 special educational institutions were functioning in the education system in the 2019/2020 academic year, including 91 training and rehabilitation centers where 37,111 children with special educational needs were acquiring education.
90.Besides, some regulatory legal acts have been adopted during recent years, according to which 146 comprehensive rehabilitation centers for persons with disabilities have been established and operating in all regions of Ukraine. In particular, a new mechanism of implementing rehabilitation activities for children with disabilities according to the “money follows the person” principle has been introduced since 2019, which ensures targeted, transparent and quality provision of rehabilitation services.
91.A considerable increase in the number of pupils studying in inclusive classes of general secondary education institutions has been observed in Ukraine in recent years.
92.This has been related to enhancement of the regulatory legal support for education of children with special needs, increase in the number of parents who prefer that their children attend an educational institution at the family’s place of residence (Article 55 of the Law of Ukraine “On Education” defines child upbringing in a family as the fundamental principle of a child personality development), improvement of teaching staff’s professional excellence, and introduction of governmental financing of inclusive environment in general secondary education institutions since 2017.
Dynamics of the number of children with special educational needs in inclusive classes, and the numbers of inclusive classes and schools with inclusive classes
93.To determine special education needs of pre-school and general secondary education recipients and provide psychological and pedagogical support to them, a network of inclusive resource centres (IRC) has been created in Ukraine since 2018. According to current data, 643 inclusive resource centres operate in Ukraine as of 1.01.2021. Decisions to open IRCs are made by their founders – local governments – according to the needs of children living in the communities.
94.Methodological support is provided to inclusive resource centres by 25 resource centres of inclusive education support which have been established in each oblast of Ukraine and in Kyiv city.
Reply to paragraph 8 (a) of the list of issues
95.In order to provide financing for implementation of the provisions of the Law, the Government adopted the Resolution of the Cabinet of Ministers of Ukraine No. 983 of 5.12.2017 “Some matters of providing a subvention from the state budget to local budgets for implementation of the activities aimed at developing the health care system in local areas”.
96.Pursuant to the requirements of the Procedure and conditions of providing a subvention from the state budget to local budgets for implementation of the activities aimed at developing the health care system in local areas, approved by the above-mentioned resolution, the Ministry of Health in 2020 and 2021 has been participating in endorsement of re-allocation of the 2017-2019 subvention balance among projects and activities, according to the re-allocation information reported by oblast state administrations. In order to provide quality, comprehensive, continuous and patient-centred primary medical care according to the population’s socio-demographic characteristics and specifics of the population’s settlement in a respective planning area, the Ministry of Health, in cooperation with the Ministry for Communities and Territories Development of Ukraine, has issued the Order No. 178/24 of 6.02.2018 approving the Procedure for building capable networks of primary medical care.
Reply to paragraph 8 (b) and 8 (c) of the list of issues
97.The Ministry of Health has been continuously monitoring routine immunization in accordance with a preventive immunization schedule.
98.In particular, of note is the implementation of the preventive immunization plan in 2020 despite an extremely difficult situation connected with the two-month quarantine. To achieve necessary vaccination levels, all possible communication measures have been taken, such as invitations to vaccination, awareness-raising activities with parents, and media publications. Information campaigns have been conducted, aiming to prevent any disruption of child vaccination plans in oblasts. Data verification has been undertaken to conduct mop-up vaccination campaigns for those who had no time or possibility to get timely vaccinations against infectious diseases specified in the preventive immunization schedule as compulsory.
Reply to paragraph 8 (d) of the list of issues
99.The Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” stipulates that for citizens of Ukraine living in the temporarily occupied territory, exercise of employment rights, pensions, compulsory state social insurance in case of unemployment, in connection with temporary disability, from an accident at work and an occupational disease that caused disability, the provision of social services is carried out in accordance with the laws of Ukraine.
Reply to paragraph 9 (a) of the list of issues
100.The Order of the Cabinet of Ministers of Ukraine of August 4, 2021 № 898-r approved the Action Plan for the implementation of the Declaration on School Safety.
101.Development of the New Ukrainian School is a long-term reform being commenced already now. Its implementation plan provides for successive actions and relevant resources at every stage, and takes the general context of societal changes into consideration.
102.As part of the power decentralization process, active formation of amalgamated territorial communities (ATCs), educational districts and base educational institutions has been going on in Ukraine.
Reply to paragraph 9 (b) of the list of issues
103.Ukraine took full-scale part in the PISA survey for the first time in 2018. The Ukrainian 15-year-old teenagers who took part in PISA were studying at the time of the survey in the higher forms of different general secondary education facilities, in the first year of higher education institutions of accreditation levels I-II, or in vocational education institutions.
104.Preparations for PISA-2021 have begun. It is planned that Ukraine will take part in piloting of the Creative Thinking section during the new survey and will involve children with special educational needs in testing. It is expected that, unlike the 2018 survey, participants of PISA-2021 in Ukraine will undergo testing with the aid of computers.
Reply to paragraph 9 (c) of the list of issues
105.Human rights have been integrated in a number of subjects taken by pupils of general secondary education institutions starting from primary school whereas 9-10 form pupils study human rights at the lessons of law science and civic education.
Reply to paragraph 10 (a) of the list of issues
106.In accordance with Article 17 of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States on the Return of Minors to the State of Their Permanent Residence, ratified by the Law of Ukraine of 12.01.2005 № 2316-IV, the Agreement is valid for 5 years from its entry into force. After the expiration of this period, the Agreement is automatically extended for the next 5-year period, unless the Parties decide otherwise.
Reply to paragraph 10 (b) of the list of issues
107.In 2016, item 31 of the Procedure for guardianship and custody of activities related to the protection of children’s rights, approved by the Cabinet of Ministers of Ukraine dated 24.09.2008 № 866 (as amended) was improved, the issue of temporary placement of relatives, acquaintances, families of foster parents of children left without parental care, including children separated from their families.
108.Also, with the amendments to the Family Code of Ukraine in 2016, a child care service is being developed – an innovative service for temporary care, upbringing and rehabilitation of a child in difficult life circumstances (including an unaccompanied child) in the family of a professional foster career. a period of overcoming difficult life circumstances by parents and guardians.
109.Patronage is an alternative to placing children in boarding schools.
110.During 2021, 54 candidates for foster careers completed or completed their studies.
111.As of December 31, 2020, there are 168 foster families with 936 children (8 families and 90 more children compared to November 2020).
Reply to paragraph 10 (c) of the list of issues
112.During 2020, interaction between public authorities and local governments in working with separated children not being Ukrainian citizens and expressing their intention to apply to competent authorities for being recognized as a refugee or a person in need of subsidiary protection was taking place according to the Resolution of the Cabinet of Ministers of Ukraine No. 832 of 16.11.2016 “On peculiarities of social protection of separated children not being Ukrainian citizens”.
113.The countries of origin of separated children found in the territory of Ukraine during 11 months of 2020 include Afghanistan (4 persons), Bangladesh (2) and Sri Lanka (4).
114.As of December 2020, 1,267 refugees and 878 persons in need of subsidiary protection, including 178 children under 14 with their families were registered with the State Migration Service territorial bodies. Distribution of the recognized refugees and persons in need of subsidiary protection across Ukraine’s regions is not uniform. The largest group among the children recognized as refugees and persons in need of subsidiary protection consists of those from Afghanistan and Syria.
115.During 11 months 2020, 295 persons including 126 children lived in temporary refugee accommodation facilities in Zakarpattya oblast, Yahotyn city (Kyiv oblast) and Odesa city. Such children have been provided with an opportunity to attend pre-school and general educational institutions.
116.During 10 months of 2021, 5 divorced children from the following countries were identified in Ukraine: Belarus, Eritrea, Ethiopia, the Democratic Republic of the Congo and Nigeria.
117.As of October 1, 2021, there were 1,295 refugees and 917 persons in need of additional protection registered with the territorial bodies of the State Migration Service, including 182 children in a family under the age of 14 and 2 children separated from their families.
118.During the first 9 months of 2021, 290 people, including 122 children, lived in temporary shelters for refugees in the Zakarpattia region, Yahotyn, Kyiv region, and Odessa.
Reply to paragraph 11 (a) of the list of issues
119.Based on the Inter-agency Council’s activity results, drafts of the Laws of Ukraine on child-friendly justice and on amending the Code of Administrative Offences of Ukraine and the Code of Criminal Procedure of Ukraine concerning child-friendly justice have been developed.
Reply to paragraph 11 (b) of the list of issues
120.Article 22 of the Criminal Code of Ukraine states that persons who have attained sixteen years of age prior to committing a crime are subject to criminal responsibility.
121.Persons who have committed crimes at the age of fourteen to sixteen are subject to criminal responsibility only for: intentional homicide, infringement on life of a state or public figure, law-enforcement officer, member of a public entity engaged in public order maintenance and state border security, military serviceperson, judge, people’s assessor or jury member in connection with their justice-related activities, a person’s defence lawyer or representative in connection with activities related to legal aid, or a foreign state representative, intentional grave bodily injury, intentional medium-gravity bodily injury, sabotage, banditry, terrorist attack, taking hostages, rape, forcible gratification of sexual desires by unnatural means, theft, brigandage, robbery, extortion, intentional property destruction or damage, damage to communication routes and means of transport, hijacking of rail rolling stock, aircraft, sea or river vessel, unlawful appropriation of a vehicle, hooliganism.
Reply to paragraph 11 (c) of the list of issues
122.The key point of juvenile probation is that re-socialization and correction of convicted juveniles takes place in the community, without isolation from society, separation from family, communication with peers, which prevents harm to the psycho-emotional state of the person and does not distort consciousness and values.
123.In 2017, the first sectors of juvenile probation were created, and now there are 14 of them.
Reply to paragraph 11 (d) of the list of issues
124.The Child-Friendly Justice Bill is designed to strengthen the protection and resocialization of juveniles who have committed criminal offenses and aims to create conditions for the organization and effective functioning of child-friendly justice that meets the requirements of the Convention on the Rights of the Child and other international standards on the rights of the child and is the legal basis for the prevention of juvenile delinquency, the proper treatment and social rehabilitation of children in contact with the law, the prevention of re-victimization of children who are victims or witnesses, and the administration of justice for children in conflict with the law.
Reply to paragraph 12 of the list of issues
125.The Verkhovna Rada of Ukraine adopted Law № 1256-IX “On Amendments to Certain Legislative Acts of Ukraine Concerning the Implementation of the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Violence (Lanzarote Convention)”, which criminalizes access to child pornography , its acquisition, storage, import, transportation or other movement, manufacture, sale and distribution, as well as entertainment of a sexual nature with the participation of a minor, by supplementing the Criminal Code of Ukraine with relevant criminal offenses (Articles 301-1 and 301-2 of the Criminal Code Ukraine, respectively).
126.In 2021, according to Articles 301-1 and 301-2 of the Criminal Code of Ukraine, information on 570 facts of distribution of child pornography was entered into the Unified Register of Pre-trial Investigations.
127.During the 10 months of 2021, 224 criminal offenses under Article 149 (Trafficking in Human Beings) of the Criminal Code of Ukraine were identified, excluding closed criminal proceedings (against 196 or 14.3% more than in the same period of 2020).
128.The illegal activities of 8 organized groups were stopped, 76 traffickers were brought to justice, who were reported suspected of committing 180 criminal offenses (against 151, or 19.2% more than in 2020).
129.The pre-trial investigation was completed in 152 criminal proceedings in this category (against 141, or 7.8% more than in 2020.
130.The investigation of criminal proceedings in this category has certain specifics and requires a number of mandatory, in particular, priority investigative (search) actions.
Reply to paragraph 13 of the list of issues
131.The Ministry of Social Policy has developed and submitted to the Verkhovna Rada of Ukraine for consideration the draft Law on amending the Criminal Code of Ukraine to criminalize involving children in the activities of unlawful paramilitary or armed units.
Reply to paragraph 14 (a) of the list of issues
132.A number of amendments has been made to the legislation, in particular:
(a)Amendments to the Law of Ukraine “On Protection of Childhood” in terms of:
•Implementing the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the Lanzarote Convention);
•Protecting the housing rights of orphaned children, children deprived of parental care, and persons from among them;
•Simplifying pre-trial investigation of some criminal offence categories;
•Strengthening children’s safety guarantees;
•Rehabilitation in health care;
•Preventing and combating domestic violence;
•Strengthening social protection of the persons living in the temporarily occupied territories and in settlements at the line of contact;
(b)Amendments to the Family Code of Ukraine in terms of protecting the rights of persons from among orphaned children and children deprived of parental care whom disability has been confirmed (who may live in adoptive families or family-type children’s homes regardless of whether they study in a general secondary, vocational (vocational and technical) or specialized pre-higher or higher education institutions);
(c)Amendments to the Budget Code of Ukraine in terms of supporting small group homes.
Reply to paragraph 14 (b) of the list of issues
133.According to the Concept of Implementation of the State Policy on Social Protection of the Population and Protection of Children’s Rights, approved by the Order of the Cabinet of Ministers of Ukraine No. 1057-p of 26.08.202, a process of reforming the institutions responsible for implementation of the state policy on social protection and protection children’s rights has begun:
•The National Social Service of Ukraine has been established as a central executive authority that implements the state policy on social protection of the population, including protection of children’s rights (Resolution of the Cabinet of Ministers of Ukraine No. 26.08.2020 № 783);
•The Ministry of Digital Transformation of Ukraine has been established in September 2019 a central executive authority responsible for the formulation and implementation of the state policy on digitalization, in particular ensuring the children’s rights in the digital space;
•The Educational Ombudsman position has been introduced an official on whom the Cabinet of Ministers of Ukraine imposes the tasks concerning the protection of rights in education;
•The Cyberpolice Department has been established in the National Police of Ukraine an interregional territorial body of the National Police of Ukraine which is part of the National Police’s criminal police and, according to the Ukrainian legislation, ensures the implementation of state policy on combatting cybercrime, organizes and conducts, according to the legislation, operational search activities, in particular investigates crimes against/involving children in the digital space.
Reply to paragraph 14 (c) of the list of issues
134.According to the Concept of implementation of state policy on social protection and protection of children’s rights, approved by the Cabinet of Ministers of Ukraine from 26.08.2020 № 1057-r, in 2020 the process of reforming institutions responsible for implementing state policy in social protection and protection of children’s rights:
•The National Social Service of Ukraine was established as a central executive body that implements state policy in the field of social protection, in particular the protection of children’s rights (Resolution of the Cabinet of Ministers of Ukraine of 26.08.2020 № 783);
•In September 2019, the Ministry of Digital Transformation of Ukraine was established the central executive body responsible for the formation and implementation of state policy in the field of digitalization, in particular ensuring the rights of children in the digital space;
•The position of the Education Ombudsman has been introduced an official who is entrusted by the Cabinet of Ministers of Ukraine to perform tasks related to the protection of rights in the field of education;
135.The Cyber Police Department of the National Police of Ukraine was established. It is an interregional territorial body of the National Police of Ukraine, which is part of the criminal police of the National Police and in accordance with the legislation of Ukraine. crimes against children / involving children in the digital space.
Reply to paragraph 14 (d) of the list of issues
136.For the purpose of social protection of families with children and support of responsible parenthood development, the Cabinet of Ministers of Ukraine adopted the Resolution No. 68 of 30.01.2019 that approved the Procedure for compensation of cost of the Municipal Nanny under-3 child care service.
137.The amount of compensation paid for the Municipal Nanny service in 2020 was UAH 1,779, and UAH 3,558 for children with disabilities.
138.In 2020, the compensation of the Municipal Nanny service was received by 59 thousand persons.
139.On 31.12.2020, the United Nations Office for Project Services, pursuant to the Project Agreement between the United Nations Office for Project Services and the Ministry of Social Policy of Ukraine on providing the ‘baby box’ one-time in-kind aid, has procured children’s goods for the supply of 49,431 ‘baby boxes’.
Reply to paragraph 15 of the list of issues
Sources of funding
Volumes of financing, thousand hryvnias
Reply to paragraph 16 (a) of the list of issues
140.In order to overcome social orphanhood, child neglect and homelessness and to prevent commission of offences by minors, preventive activities (raids) are systematically conducted.
141.Due to the activities conducted in 2020, 13,950 children have been detected, of which 5,588 children have been withdrawn from a dangerous environment, including 545 children withdrawn from streets. After some preventive work, the withdrawn children have been returned to their families or placed in children’s social protection facilities or health care institutions.
142.As a result of the activities carried out in 2021, 6,691 children were left without care, of which 405 were placed in centers for social and psychological rehabilitation of children, 695 in medical institutions, 5,591 – transferred to parents and / or legal representatives.
143.At the same time, the police identified 4,057 children who found themselves in difficult life circumstances, including those that could endanger their lives and health.
Reply to paragraph 16 (b) of the list of issues
144.The preventive activities (raids) in 2020 have detected 433 children consuming alcoholic beverages and 78 children using drugs and toxic substances.
Reply to paragraph 16 (c) of the list of issues
145.The number of families being in difficult life circumstances, visited by officials of local governments, is 20,138 families in which there are 36,473 children as of 1.03.2021.
Reply to paragraph 16 (d) of the list of issues
146.As a result of the measures taken in 2021, 15,137 children at risk of difficult life circumstances were identified, of which 3,060 children were removed from the hazardous environment, including 1,409 children removed from the streets. After preventive work, the removed children can be returned to their families, placed in social protection institutions, in health care institutions.
Reply to paragraph 16 (e) of the list of issues
147.Officials of the State Labor Service of Ukraine have conducted 2,514 inspection visits during 2020 to examine the situation concerning compliance with the legislation on the labor of minors.
148.45 employers have been found to use the labour of minors. The inspected employers employed 72 minor persons including 1 under 14 years of age, 4 aged 15 to 16, and 67 aged 16 to 18.
149.In total, violations of children’s rights at work have been committed by 35 employers (78% of the total number of enterprises where facts of using the labour of minors have been detected) concerning 47 (65%) minors, in particular:
•41 children worked for 29 employers without employment relationship formalized;
•Four minors were paid illegal ‘envelope’ wages by four employers;
•One employer had wage owed to one minor.
Reply to paragraph 16 (f) of the list of issues
150.The Law of Ukraine “On Education” was adopted in 2017. Article 7 of the Law establishes that the official language is the language of instruction. At the same time, the scope of instruction in national minority languages has been decreased, particularly at the secondary school level. The Law “On Education” divides languages into four categories with different legal regimes:
•Official language (Ukrainian);
•Languages of indigenous peoples;
•National minority languages being the official EU languages;
•National minority languages not being the official EU languages.
151.Article 7 of the Law contains the following provision: “Persons belonging to the national minorities of Ukraine shall be guaranteed the right to study at municipal educational institutions to acquire pre-school and primary education in a language of a respective national minority along with the official language”. That is, the Law reserves the right of national minority members to acquire pre-school and primary education in a language of a respective national minority, however secondary education must be acquired in the Ukrainian language. Besides, the Law states that some subjects may be taught in English and other official EU languages (Bulgarian, Hellenic, Romanian, etc.).
Reply to paragraph 17 (a) of the list of issues
152.According to state statistics, the number of orphans and children deprived of parental care who came from settlements in which public authorities temporarily do not exercise their powers, and in the temporarily occupied territory of Ukraine, at the end of the year: 2017 – 1,606 children, 2018 – 1,139, 2019 – 975, 2020 – 835.
Reply to paragraph 17 (b) of the list of issues
153.As of 31.12.2020, 69,572 persons have been registered as orphaned children and children deprived of parental care, including 975 internally displaced ones.
154.The number of children in boarding institutions is 77,010 including 34,159 on the full-time basis. By now, this figure has decreased by 19% compared to the date on which quarantine was imposed.
Reply to paragraph 17 (c) of the list of issues
155.As of 31.12.2020, Ukraine has:
•1,235 family-type children’s homes bringing up 8,534 children;
•3,172 adoptive families bringing up 5,982 children.
156.In total, adoptive families and family-type children’s homes bring up 14,516 children.
Reply to paragraph 21 of the list of issues
157.Measures to provide decent living conditions to families bringing up minor children are implemented by the State through provision of financial assistance, in particular:
•Maternity benefit (to uninsured persons), child birth (adoption) benefit, child allowance to single mothers, allowances for children under custody or guardianship, allowances for children having severe disease but without disability confirmed, according to the Law of Ukraine “On State Assistance to Families with Children”;
•State social allowances subject to the family’s property status and aggregate income according to the Law of Ukraine “On the State Social Assistance to Low-income Families”;
•Social allowance to persons with lifelong disabilities and children with disabilities according to the Law of Ukraine “On Social Assistance to Persons with Lifelong Disabilities and Children with Disabilities” the amount of which is defined as percentage of the subsistence minimum for persons having lost capacity for work, depending on the category of persons with disabilities;
•Temporary allowance in the amount equal to the difference between 50% of the subsistence minimum for a child of respective age and the family’s per capita average monthly aggregate income for previous 6 months, according to the Procedure for awarding and payment of temporary state allowance to children whose parents evade alimony payment, are not able to maintain the child, or live in an unknown place, as approved by the Resolution of the Cabinet of Ministers of Ukraine No. 189 of 22.02.2006 (as amended);
•Monthly monetary allowance to a person living together with a person with group I or II disability caused by mental disorder who, according to a health care facility medical commission’s opinion, needs continuous external care, for taking care of the latter, according to the Resolution of the Cabinet of Ministers of Ukraine No. 1192 of 02.08.2000 (the allowance is calculated as the difference between three subsistence minimums per family member and the family’s average monthly aggregate income for previous six months, but may not be higher than the subsistence minimum per capita per month);
•Child benefits for children brought up in large families according to the Resolution of the Cabinet of Ministers of Ukraine No. 250 of 13.03.2019 (the benefit is awarded for the third and every subsequent child at the rate of UAH 1,700 per month and is paid monthly up to and including the month in which the child attains 6 years of age).
158.As of 1 January 2021, 3.7 million persons were state assistance recipients including:
•Maternity benefit – 130.3 thousand persons;
•Child birth and adoption benefit – 1,731.6 thousand persons;
•Child allowance for single mothers – 404.6 thousand persons;
•Allowances for children under custody or guardianship – 62.8 thousand persons;
•Allowances for children having severe disease but without disability confirmed – 1.8 thousand persons;
•Temporary allowance to children whose parents evade alimony payment – 13.5 thousand persons;
•State social allowance to low-income families – 341.6 thousand families;
•Social allowance to persons with lifelong disabilities and children with disabilities – 593.7 thousand persons;
•Allowance to a person living together with a person with group I or II disability caused by mental disorder – 84.4 thousand persons;
•Benefits for children brought up in large families – 324.6 thousand families.
159.The rate of allowance for children under custody or guardianship has increased from 2 to 2.5 subsistence minimums for a child of respective age, and the rate of allowance for children with disabilities under custody or guardianship has increased from 2 to 3.5 subsistence minimums for a child of respective age since 1 January 2020.
160.The rate of allowance for children under custody or guardianship has increased by UAH 1,245 for children under 6 and by UAH 1,552 for children aged 6 to 18; and by UAH 3,166 and UAH 3,947, respectively, for children with disabilities (compared to January 2020 and 2021).
Allowance rate before changes, UAH
Allowance rate since 1.01.2020, UAH
Allowance rate since 1.01.2021, UAH
Children under 6
Children aged 6 to 18
Children with disabilities under 6
Children with disabilities aged 6 to 18