How does the Ministry of Development compile a list of territories where military operations are or were conducted or which are temporarily occupied?

Ukraine has an official list of territories where military operations are (were) conducted or which are temporarily occupied by the Russian Federation. Its procedure is defined by Resolution No. 1364 of the Cabinet of Ministers of Ukraine dated 6 December 2022.

This document consists of two sections:

Territories where combat operations are (were) conducted, divided into:

  1. Territories of possible combat operations.
  2. Territories of active combat operations.
  3. Territories of active combat operations where state electronic information resources are functioning – those where the population can receive state administrative services.

Temporarily occupied territories of Ukraine, defined in accordance with the Law of Ukraine ‘On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine’.

How the List is formed:

  1. regional and Kyiv city military administrations prepare proposals for inclusion of territories in the List;
  2. the Ministry of Development reviews these proposals and sends them to the Ministry of Defence of Ukraine for approval;
  3. The Ministry of Defence verifies the data with the order of the Commander-in-Chief of the Armed Forces of Ukraine on the determination of combat zones;
  4. if the data matches, the Ministry of Defence provides written approval;
  5. The Ministry of Development issues an order approving the List and submits it to the Ministry of Justice for state registration.

The list is updated as necessary, but at least twice a month.

The inclusion of territories in the List entitles residents who have left them to obtain internally displaced person status and receive corresponding social benefits.

Territories of possible hostilities include territories bordering territories of active hostilities or temporarily occupied by the Russian Federation, as well as those that share a border with the aggressor country. Certain benefits are applied there, for example, employees of institutions, particularly in the fields of education and medicine, can have their salaries increased by up to 50% of their official salary. Also, under certain conditions, some business inspections may be temporarily prohibited there.

Areas of active combat operations are determined by order of the Ministry of Development, taking into account the decision of the Commander-in-Chief of the Armed Forces of Ukraine on areas of combat operations. Certain preferences also apply in such areas. For example, businesses may receive tax breaks or exemptions from certain taxes, and the procedure for paying for land is also changing. Employees of institutions, particularly in the fields of education and medicine, may receive salary increases of up to 100% of their official salary. In addition, business inspections may be temporarily prohibited there.

On 13 August, the government introduced a comprehensive programme to support frontline territories. The first package of the programme covers 238 communities in 10 regions, home to 6.6 million people. These are areas of active and potential combat operations. The programme focuses on direct payments for winter preparations, affordable housing, support for the local economy, and the development of security and medical services.

Martial law was introduced in Ukraine by Presidential Decree on 24 February 2022 throughout the country. It provides for a list of measures defined by the Law ‘On the Legal Regime of Martial Law’ to avert the threat, repel armed aggression, and protect the independence and territorial integrity of Ukraine. Under these conditions, certain rights and freedoms of citizens and the rights of legal entities may be temporarily restricted, with the duration of such restrictions specified.

The list of measures includes, in particular: protection of critical infrastructure and facilities that ensure the vital functions of the population, introduction of a curfew, etc.

The territory in which martial law is in force is determined by a presidential decree. It may be lifted early throughout Ukraine or in certain areas if the threat of attack or danger to independence and territorial integrity disappears.

The introduction of martial law does not automatically mean the creation of military administrations. They are only formed when necessary for security and defence management at the district or regional level, or if local authorities are unable to function.

Therefore, the list of territories where hostilities are or have been conducted or which are temporarily occupied does not determine the work of local self-government bodies and does not oblige the creation of military administrations in these territories.

Detailed information about the comprehensive programme of support for frontline regions is available on the website https://frontlineregions.gov.ua

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