LAW OF UKRAINE

of October 22, 1999 No. 1192-XIV

About the humanitarian assistance

This Law determines legal, organizational, social basis of obtaining, provision, registration, distribution and control of target use of the humanitarian assistance and helps publicity and transparency of this process.

Article 1. Determination of terms and concepts

In this Law the stated below terms and concepts are used in the following value:

the free help (transfer, performance of works, rendering services) provision of the humanitarian assistance without any cash, material or other types of compensations to donors;

the humanitarian assistance - the target address free help in cash or natural form, in the form of irretrievable financial aid or donations, or the help in type of performance of works, rendering services provided by foreign and domestic donors for humane motives to receivers of the humanitarian assistance in Ukraine or abroad who need it in connection with social vulnerability, material neediness, financial hardship, emergence of emergency state, in particular owing to natural disaster, accidents, epidemics and epizooty, the environmental, technogenic and other disasters creating threat for life and health of the population or serious illness of particular physical persons, and also for preparation for the armed protection of the state and its protection in case of the armed aggression or armed conflict. The humanitarian assistance is kind of charity and shall go according to circumstances, objective needs, the consent of her receivers and on condition of observance of requirements of article 3 of the Law of Ukraine "About charity and charitable organizations";

donors (foreign, domestic) - legal entities and physical persons in Ukraine or beyond its limits which voluntarily provide the humanitarian assistance to receivers of the humanitarian assistance in Ukraine or beyond its limits;

actions of official control - phytosanitary control, veterinary health control, the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals who are carried out according to the legislation of Ukraine

receivers of the humanitarian assistance - such legal entities who are registered in the procedure established by the Cabinet of Ministers of Ukraine in the Unified register of receivers of the humanitarian assistance:

a) the companies of public organizations of persons with disability, the veterans of war and work, and also the company, organization and organization containing at the expense of budgets, the public institutions and local government bodies authorized by them;

b) the charitable organizations created according to the procedure, determined by the Law of Ukraine "About charity and charitable organizations";

c) public organizations of persons with disability, veterans of war and work, Society of the Red Cross of Ukraine and its regional organizations, the creative unions, and also the public organizations created for implementation of the ecological, improving, amateur, sports, cultural, educational and scientific activities provided by their statutory documents;

d) the religious organizations registered according to the procedure, provided by the Law of Ukraine "About liberty of conscience and the religious organizations";

e) rehabilitation organizations for persons with disability and the children with disability having the corresponding license for implementation of rehabilitation services irrespective of departmental subordination, type and patterns of ownership;

acquirers of the humanitarian assistance - the physical persons and legal entities needing it and to which it is directly provided. Acquirers of the humanitarian assistance with the status of the legal entity are determined according to the Items "and", "b", "v", "g", "ґ" the paragraph of the fifth of this Article.

Article 2. Legislation of Ukraine on the humanitarian assistance

The legislation of Ukraine on the humanitarian assistance consists of the Law of Ukraine "About charity and charitable organizations", this Law, other regulatory legal acts, international treaties which consent to be bound is this the Verkhovna Rada of Ukraine.

Article 3. Bases for implementation of the humanitarian assistance and its readdressing

The basis for the procedure of recognition of the humanitarian assistance is the written proposal of the donor on its provision.

The basis for implementation of the humanitarian assistance in Ukraine is the written consent of the receiver of the humanitarian aid to its obtaining. The receiver of the humanitarian assistance has the same rights to its use, as well as the acquirer of the humanitarian assistance.

Replacement of the receiver of the humanitarian aid and its readdressing can be performed only in coordination with foreign donors according to the decision of the relevant specially authorized state body concerning the humanitarian assistance.

Article 4. Specially authorized state bodies concerning the humanitarian assistance

Concerning the humanitarian assistance belong to specially authorized state bodies:

the central executive body which realizes state policy in the sphere of social protection of the population;

Council of Ministers of the Autonomous Republic of Crimea;

regional, Kiev and Sevastopol city public administrations.

Specially authorized state bodies concerning the humanitarian assistance make the decision in coordination with customs authorities, tax authorities, the central executive bodies which provide forming and realize state policy in health sector, in the sphere of economic development, the state financial policy, the federal executive body realizing state policy in the sphere of civil protection, the Ministry of Internal Affairs of Ukraine, bodies of National police, the National Bank of Ukraine or its branches (territorial administrations).

Article 5. Powers of specially authorized state bodies concerning the humanitarian assistance

The central executive body which realizes state policy in the sphere of social protection of the population performs:

recognition of freights, means, including in foreign currency, the performed works, the provided services by the humanitarian assistance;

control of obtaining, distribution, use on purpose, preparation of the statistical reporting, accounting of the humanitarian assistance, acknowledged that the decision of specially authorized state bodies concerning the humanitarian assistance;

control of activities of Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations operating within the powers conferred to them by this Law;

maintaining the Unified register of receivers of the humanitarian assistance;

other powers determined by this Law.

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