LAW OF UKRAINE. ON THE LEGAL STATUS AND HONORING THE MEMORY OF FIGHTERS FOR UKRAINE'S INDEPENDENCE IN THE TWENTIETH CENTURY

On the Legal Status and Honoring the Memory of Fighters for Ukraine's Independence in the Twentieth Century

LAW OF UKRAINE

This law is aimed at recognizing the participants in the struggle for independence of Ukraine in the twentieth century as the main actors of the struggle for restoration of state independence of Ukraine and fighters for Ukraine's independence in the twentieth century, establishing the legal status of fighters for Ukraine's independence in the twentieth century, the definition for this category of persons the right to obtain state and municipal social guarantees. This law is also aimed at recognition of the awards and military ranks of the fighters for Ukraine's independence in the twentieth century, the definition of strand of state policy in respect of restoration, preservation and honouring the national memory about struggle and fighters for Ukraine's independence in the twentieth century and establishing responsibility for violation of legislation on the status of fighters for Ukraine's independence in the twentieth century.

 

Article 1. The Legal Status of Fighters for Ukraine’s Independence in the Twentieth Century

1. The name of fighters for independence of Ukraine in the twentieth century shall be assigned to the persons who participated in all forms of political, armed and other collective and individual struggle for independence of Ukraine in the twentieth century as a part of governments, organizations, institutions and groups:

1) the authorities of the Ukrainian People's Republic, including in particular the Ukrainian Central Rada, the General Secretariat of the Ukrainian Central Rada (of the Ukrainian People's Republic), the Council of Ministers of the Ukrainian People's Republic, the Government of the Ukrainian People's Republic in exile (the State Centre of the Ukrainian People's Republic), general secretary offices, ministries, departments of Ukrainian People's Republic, including those in exile, the diplomatic missions of the Ukrainian People's Republic abroad, local authorities of the Ukrainian National Republic, the Ukrainian National Congress, the Ukrainian Rebel Central Committee (Central Ukrainian Insurrectionary Committee) the Labour Congress of Ukraine (Congress of the Working People of Ukraine, Ukrainian Labour Congress), the Directory of the Ukrainian People's Republic, the State People's Council, the Council of the Republic of the Ukrainian People's Republic, the Ukrainian National Council, the President of the Ukrainian People's Republic in exile;

2) the authorities of the Ukrainian State (Hetmanate), including, in particular, the Council of Ministers of the Ukrainian State, the Minor Council of Ministers of the Ukrainian State, the Ukrainian State ministries, diplomatic offices and missions abroad Ukrainian State, local authorities of the Ukrainian State, of the Hetman, the State Senate of the Ukrainian State, the General Court of the Ukrainian State;

3) the authorities of the West Ukrainian National Republic (Western region of the Ukrainian People's Republic), including in particular the Western Ukrainian National Council of the People's Republic, the State Secretariat of the West Ukrainian National Republic (Western region of the Ukrainian People's Republic), Secretariats (ministries) of the West Ukrainian People's Republic (West Ukrainian region of the Ukrainian People's Republic), embassies, diplomatic missions and mission of the West Ukrainian National Republic (Western region of the Ukrainian People's Republic) abroad, local authorities of the West Ukrainian National Republic (Western region of the Ukrainian People's Republic), the President (dictator) of the West Ukrainian People's Republic (the Western region of the Ukrainian People's Republic)

4) The authorities of the Eastern Lemko (Komanchanska, Komanetska) Republic and of the Hutsul Republic, including the city council, commandant's office of the police and Sanitsky County Commissariat in Vyslok Velyky, and the Hutsul People's Council;

5) authorities of the Carpathian Ukraine (Carpathian Ruthenia), including, in particular, Soim of the Carpathian Ukraine, the government of the Carpathian Ukraine, the Ministries of the Carpathian Ukraine, local authorities of the Carpathian Ukraine, the President of Carpathian Ukraine;

6) military, security and other military, paramilitary formations and units of the Ukrainian People's Republic, the Ukrainian State (Hetmanate), the West Ukrainian National Republic, the East Lemko (Komanchanska, Komanetska) Republic and the Hutsul Republic, the Republic of Carpathian Ukraine, including in particular the Ukrainian Sich Riflemen (USS), the Active Ukrainian People's Army, the Galician Army (Ukrainian Galician Army), the Insurgent Army Ukraine, the Organization of National Defence "Carpathian Sich";

7) the political parties and other public organizations before formation and during the existence of the Ukrainian People's Republic, the Ukrainian State, the West Ukrainian National Republic (Western region of the Ukrainian People's Republic), Carpathian Ukraine (Carpathian Ruthenia), the purpose of which was obtaining (restoration) or defense of independence Ukraine;

8) rebel and guerrilla groups that operated in Ukraine in 1917-1930 and the purpose of which was the struggle for obtaining, protection or restoration of independence of Ukraine, including units of the Kholodny Yar Republic and the Medvynska Republic, the Volyn Rebel (Insurgent) Army;

9) the Ukrainian Military Organization (UVO);

10) the Organization of Ukrainian Nationalists (OUN);

11) the People's Liberation Revolutionary Organization (NVRO);

12) the Ukrainian Insurgent Army (UPA);

13) the Insurgent Ukrainian Army under the chieftain Taras Borovets (Bulba) "Poliska Sich", the Ukrainian People's Revolutionary Army (UNRA);

14) Ukrainian Supreme Liberation Council (UHVR), including External Representation of the Ukrainian Supreme Liberation Council (ZP UHVR);

15) Anti-Bolshevik Bloc of Nations (ABN);

16) Ukrainian Helsinki Union (Group) (UHU, UGG);

17) the organizations of Ukrainian liberation movement in the second half of the twentieth century, including in particular the group “Nasha Zmina” (“Our Change") organization “Proboyem” ("Breakdown"), Vasil Buchkovski’s group, the group "United Ukraine Party of Liberation" (OPVU), organization “Young Rebel Detachment” (ZYUP), Bohdan Stefaniuk’s group, underground organization “Obiednannia” ("Association") (1956-1959), Ukrainian National Committee, Ukrainian Worker-Peasant Alliance (Hodorivska group), Ukrainian National Party, Ukrainian Worker-Peasant Union (URSS), Ukrainian National Front, Ukrainian National Liberation Front, the Union of Ukrainian Youth of Galicia, Stebnykivska group, Rosokhatska group, Ukrainian Nationwide Organization (UZNO, UNF-2);

18) organizations with the view to fight for their civil or other rights created by persons who suffered from political repression for their participation in the struggle for the independence of Ukraine in the twentieth century in Soviet prisons, labour camps or camp branches;

19) People's Movement of Ukraine for Perestroika (People's Movement of Ukraine) before the 24th of August 1991;

20) other organization, structures or formations that existed during the XX century (before the 24th of August 1991) and the goal of which was to obtain (recover) or to protect the independence of Ukraine. The list of such organizations, structures and formations is approved by the Cabinet of Ministers of Ukraine.

 

Article 2. Principles of the Legal Status of Fighters for Ukraine's Independence in the Twentieth Century

1. The State recognizes that the fighters for Ukraine's independence in the twentieth century, defined in Article 1 hereof, played a major role in restoration of Ukrainian statehood, fixed by the Act of Independence of Ukraine adopted by the Verkhovna Rada of Ukraine on 24 August 1991, which is the main prerequisite for providing legal status and honour the memory of fighters for Ukraine's independence in the twentieth century.

2. The legal basis for granting legal status to the fighters for Ukraine's independence in the twentieth century is the international instruments and national legislation of Ukraine, in accordance with which the state considers as lawful the forms and methods of struggle for the independence of Ukraine in the twentieth century.

 

Article 3. Social Guarantees for Fighters for Ukraine's Independence in the Twentieth Century and Their Families

1. The state may provide social guarantees, benefits or other payments to the fighters for Ukraine's independence in the twentieth century and their families.

2. Local authorities can provide additional social guarantees, benefits or other payments at the expense of local budgets to the fighters for Ukraine's independence in the twentieth century and their families.

 

Article 4. Recognition of awards and military ranks of fighters for Ukraine's independence in the twentieth century

1. The State recognizes the state and military awards (honours) and military ranks of the fighters for Ukraine's independence in the twentieth century, which are granted to them by the authorities, organizations, agencies or units mentioned in Article 1 hereof.

 

Article 5. State Policy in Respect of Restoration, Preservation and Honouring the National Memory about Struggle and Fighters for Ukraine's Independence in the Twentieth Century

1. The State provides a comprehensive study of the history of the struggle and the fighters for Ukraine's independence in the twentieth century.

2. The State shall take measures aimed at increasing awareness and drawing public attention to the history of struggle and fighters for Ukraine's independence in the twentieth century. It develops and improves curricula, textbooks, programs and activities in order to study the history of struggle and fighters for Ukraine's independence in the twentieth century. It shall spread objective information in Ukraine and in the world about the struggle and fighters for Ukraine's independence in the twentieth century.

3. The State encourages and supports the activities of non-governmental institutions and organizations engaged in research and education in the field of the study of the history of struggle and fighters for Ukraine's independence in the twentieth century.

4. The State promotes perpetuation of the memory of the fighters for independence of Ukraine in the twentieth century, particularly by means of finding, recording, improving and preserving their burial places on the territory of Ukraine and abroad, creation of memorial complexes and burial places, construction and restoration of monuments, commemoratives, perpetuation of the names or nicknames of fighters and units mentioned in Article 1 hereof, in the names of objects in settlements or place names of administrative units, names of geographic features, manufacturing of printed, film and video product, promotion of stage activities other artistic forms of embodiment of the fighters for Ukraine's independence in the twentieth century.

 

Article 6. Responsibility for Violation of Legislation of the Legal Status of Fighters for Ukraine's Independence in the Twentieth Century

1. Citizens of Ukraine, foreigners and persons without citizenship who publicly show contempt for persons referred to in Article 1 of this Law and prevent the exercise of rights by the fighters for independence of Ukraine in the twentieth century are responsible under the law.

2. Public denial of the legitimacy of the struggle for independence of Ukraine in the twentieth century is recognized as insult to the memory of fighters for independence of Ukraine in the XX century, disparagement of the Ukrainian people and is unlawful.

 

Article 7. Final Provisions

1. This law comes into force on the day following the day of its publication.

 

President of Ukraine P. Poroshenko

Kyiv,

April 9, 2015

№ 314-VІІІ

 

Переклад здійснений за фінансової підтримки Посольства Швейцарії в Україні.