1. VETERANS POLICY

1.1. State of affairs in the veterans policy as of early 2023  

Due to the crime of Russian aggression, which began on February 20, 2014, with its attack and illegal annexation of Crimea, the Ukrainian Revolution of Dignity turned into a defense of Ukrainian statehood, sovereignty, territorial integrity, and independence of Ukraine. The number of young veterans has increased, whose needs are significantly different from those of independence fighters in the 20th century or veterans of World War II. According to the study, "Among the veterans of the Russian-Ukrainian war, there are representatives of all age groups. The most significant age group representatives were 31 to 40 years (34.5%) and 19 to 30 - 31.1%. Veterans of the Russian-Ukrainian war are primarily young people of working age. ." That is, before the beginning of the full-scale invasion of Russia, veterans were mostly people of working age who needed state support to realize their potential and ensure their well-being and the well-being of their families. Still, the key problem remained the unwillingness of the state to change the approaches that actually operated since Ukraine restored its independence.

The system of benefits for veterans since 1993 (from the adoption of the Law of Ukraine "On Status of War Veterans, Guarantees of Their Social Protection") has undergone only a few changes that did not take into account the needs of modern veterans, but only point-by-point patching of gaps, without contributing to the systemic support of veterans. The provision of such benefits was (and continues to be) carried out with the help of many bodies and individuals, which creates bureaucratic chaos and prevents the system from acting simply and predictably for the end user.

In addition to the particular law ensuring the rights and guarantees of veterans, the development of their involvement in the life of communities was foreseen by several state strategies. In particular, the State Regional Development Strategy for 2021-2027 provided for a separate direction - Strengthening the social security of war veterans and their family members in territorial communities at their place of permanent residence (residence) . After February 24, 2022, the field of veteran affairs underwent fundamental changes. The number of people eligible for veteran status increased significantly, and most of those with veteran status returned to military service. This dual nature of the defenders' legal status is a modern feature that the veteran policy should consider because the currently unresolved problems of service members harm veterans and vice versa. This necessitates the close cooperation of relevant ministries to ensure the effective reintegration of service members into civilian life and an up-to-date and effective system of state support. At the same time, the full-scale invasion of Russia intensified the current problems of social protection for veterans - the declarativeness of specific guarantees, the lack of interest of veterans in the benefits offered to them (primarily, this concerns the right to obtain services separately from the queue at communal and other enterprises, as well as benefits for installing a landline phone in the apartments).

A new challenge to the system will be meeting the individualized needs of a more significant number of veterans, transitioning from benefits to services in the state support system, and providing state support with an appropriate financial resource to prevent decorativeness in veteran support.

The rights of veterans (and women veterans separately) were one of the subjects of the State Strategy for ensuring equal rights and opportunities for women and men until 2030 and the approval of the operational plan for its implementation for 2022-2024. As stated in the Strategy, "According to the results of a study on the status of women among war veterans and the services provided to them, conducted in December 2019 - March 2020 by the Democratic Initiatives Foundation named after Ilko Kucheriv, there is still a discriminatory attitude towards women. Only a third of the respondents did not seek medical help after returning from the area of the anti-terrorist operation/operation of the Joint Forces. More than 10 percent of the respondents ask for such help regularly. More than half of the combatants who returned from Donbas had psychological difficulties in social adaptation. At the same time, a third of those who sought help were completely satisfied with the psychologist's service.. " It is worth noting that veterans are also beneficiaries of many other strategies that apply to persons with disabilities, entrepreneurs, parents with many children, etc., because the status of a veteran is not the only one that a person can have).

After February 24, 2022, the field of veteran affairs underwent fundamental changes. The number of people eligible for veteran status increased significantly, and most of those with veteran status returned to military service. This dual nature of the defenders' legal status is a modern feature that the veteran policy should consider because the currently unresolved problems of service members harm veterans and vice versa. This necessitates the close cooperation of relevant ministries to ensure the effective reintegration of service members into civilian life and an up-to-date and effective system of state support. At the same time, the full-scale invasion of Russia intensified the current problems of veterans' social protection - the declarativeness of specific guarantees, the lack of interest of veterans in the benefits offered to them (primarily, this concerns the right to obtain services separately from the queue at communal and other enterprises, as well as benefits for installing a landline phone in the apartments).

A new challenge to the system will be meeting the individualized needs of a significantly larger number of veterans, transitioning from benefits to services in the state support system, and providing state support with an appropriate financial resource to prevent decorativeness in veteran support.

1.2. Vision of the veterans policy in the perspective of 2030  

The strategic level of recovery of Ukraine should provide for several complex solutions aimed at improving the system of state support for veterans, its modernization, and the disappearance of bureaucratic chaos during the receipt of guaranteed benefits and services, contributing to the consolidation of public respect for the contribution of veterans to victory, heroization of the image of a veteran in society. State support for veterans should transition from benefits to services that would ensure reintegration, increase the veteran's well-being, and ensure the veteran's family's participation in reintegration into a peaceful life.

These problems have become particularly acute after February 24, 2022, significantly impacting a specific social and legal protection category. It is about the need to reform state support for veterans, protect their data in providing electronic services, and ensure their ability to receive benefits alongside their family members.

The key problems of the field of veteran affairs are currently:

A rapid increase in the number of people who need and need state support, while state guarantees are not always provided with adequate resources;

• The need to update the system following the modern individualized needs of veterans (scaling of support needs in the field of rehabilitation, psychological and medical care, etc.);

• The absence of a coherent transition system from military service to civilian life to integrate the experience of mobilized and contract service members into further employment.

The Law of Ukraine "On the Status of War Veterans and Guarantees of Their Social Protection" , which defines veteran status and the preferential system of providing for war veterans and family members of fallen Defenders, was adopted back in 1993, after which only some changes were made. In this regard, there is a need to update veteran statuses, the understanding of "veterans," and the critical state support system for modern veterans. After all, veterans are currently recognized under Ukrainian legislation as well as civil servants who have distinguished work merits and even representatives of the repressive Soviet system of the former KGB. In addition, some benefits defined by the law have already lost their relevance, and some do not contribute to reintegration, although a lot of money from the State budget goes to their provision. At the same time, those services that affect active reintegration are insufficiently communicated and financed in modern society (social-professional adaptation and psychological support).

In addition, today's system of the social and legal protection of veterans does not provide for a complete transition from military service to a civilian career, which is a prerequisite for ensuring the economic independence of veterans. Despite the state guaranteeing the right to socio-professional adaptation and psychological support, not all veterans use such services due to a lack of information about them, underfunding, and bureaucratization. A comprehensive renewal of support for veterans should include the creation of an effective transition system that will guarantee effective and comfortable mechanisms for veterans to return to everyday life and employment, which can be used even at the stage before discharge from military service.

Therefore, the social and legal protection of veterans, in particular the specified law, needs a comprehensive review for the effective reintegration of veterans and their family members following their current needs. Such a system should ensure the transition from military service to a civilian career, in particular, a move away from ineffective benefits to valuable services financed by the state budget at an appropriate level, which fully covers the demand formed after the full-scale invasion of the Russian Federation. In addition, services must be individualized and guaranteed only to those who need them. Providing services to veterans and their family members should be made in a way convenient for them, in particular electronically, with a guarantee of personal data security, without bureaucratizing processes. The problems described in the Vision are reduced to one global one - the need to reform the veterans' support, which will provide for a convenient transition system to civilian life and active reintegration.

To solve the goals, the state must solve the following problems:

• Introduce full-fledged electronic access to each state support element to reduce the bureaucratic burden. The practical functioning of the veteran's electronic cabinet, with the protection of personal data and the veteran's access to state services, will relieve the system, increase the coverage of users of state support and their information, and reduce the risk of corruption.

• Ensure expansion of international cooperation in the field of protection of veterans' rights. Research and implementation of the experience of other states to improve the protection of the rights of Ukrainian veterans will make it possible to transition from a preferential system to services to meet the needs of veterans for their reintegration into peaceful life and physical and mental recovery.

• Monitoring the effectiveness of the state support system for its modernization following changing needs. Monitoring the effectiveness of the state support system will allow us to respond qualitatively to the changing needs of veterans, determine priorities for reforming the system, and provide the necessary financial resources.

• Formation of the image of a veteran in society, ensuring worthy respect and gratitude for the veteran's contribution to the independence and security of Ukraine.

The state must also solve the issues of intersectoral interaction to:

• Identify the critical needs of modern veterans and family members of the deceased (at least 70 percent of people who have veteran status), developing uniform principles of veteran policy and a system of support for veterans taking into account these needs (by establishing communication between veterans, authorities, and the public sector, unifying existing programs of state support, implementation of a system of identifying and permanent analysis of veterans' needs and taking them into account in the formation of policy by the Ministry of Veterans Affairs of Ukraine) will ensure the implementation of the system of state support based on the principle of services, not benefits for veterans.

• Provide a transparent, understandable, and easy-to-use motivating system of social support for veterans (through further digitization of services and reduction of bureaucratic chaos, create a method for obtaining elements of state support online according to the "Single Window" principle). An indicator of achieving this goal will be the presence of an electronic veteran's office, thanks to which a person can receive state support without additional appeals to state authorities.

• Implementing the transition system from military service to civilian life for the effective reintegration of the veteran, maintaining their active role in the development of civil society, and increasing motivation to complete military service. Such a system should take into account the participation of the veteran's family and begin before the military service member's release, taking into account their personal needs (health, employment experience, education, etc.).

• Support and disseminate projects in the field of national memory and public respect for the contribution of veterans to the defense of Ukraine (creation of the National Memorial Cemetery, the online museum of veterans, creation, and distribution of documentary films, literature about the activities of military personnel and veterans, popularization of the image of a veteran through other forms of art, etc.). A quantitative indicator of this direction can be the volume of created artistic and literary works, film productions, etc., the development of which received support and funding from the state.

• Renovation of the pension system (to guarantee an adequate standard of living for civilians who were mobilized without acquiring a veteran status and for veterans after their service).

• Ensuring the active rehabilitation of the veteran, providing state support in the field of education and employment (including supporting veteran entrepreneurship for the reintegration of the veteran into peaceful life, improving their well-being, and, if necessary, changing the field of work due to medical indicators).

1.3. Policy for solving issues in the veterans’ policy in the perspective of 2030 

In the perspective of 2030, a compelling state support system for veterans, their family members, and the families of fallen Defenders should be developed and implemented in Ukraine, which should primarily ensure an active transition from military service to a civilian career and ensure the maximum possible recovery of a veteran after service.

1.3.1 Stages of Renewal of the veteran policy

Monitoring needs

The formation of the updated veteran policy should begin with monitoring the needs of veterans so that the system is as client-oriented as possible. Please note that monitoring is not limited to the first stage; it is advisable to resort to such methods throughout all stages because needs and priorities for their satisfaction may change based on objective circumstances. Monitoring is the basis for updating legislation and ensures communication with society about initiatives.

Monitoring of needs can be carried out with the help of representative sociological studies and surveys. The representativeness of the study is guaranteed by the involvement of veterans and service members of different age categories from all regions of Ukraine, in particular types of settlements, with mandatory consideration of the gender aspect.

Development and implementation of the transition system

As already indicated above, the social and legal support of veterans should, first of all, provide for an effective method of transition from a military to a civilian career, the functioning of which is essential already.

The main goal of the transition is the reintegration of veterans by restoring all lost abilities in connection with military service, as well as acquiring new skills, which in the complex should guarantee the economic independence of veterans. It is not only about career orientation work, retraining, advanced training, legal support, and physical and mental health restoration.

The transition system should be taken care of by the relevant ministry represented by the Ministry of Veterans Affairs of Ukraine in close cooperation with the Ministry of Defense because the transition process should be started at the stage before the release from military service. Before discharge, a veteran must have a road map for returning to a civilian career, namely, understanding their needs, how they can exercise their rights from the state, where to apply for them, and with which documents.

Development of a comprehensive social protection system for veterans and fallen Defenders' family members.

To develop a law on veteran status and social and legal protection of these categories, there is a need to create a working group coordinated by the Ministry of Veterans Affairs of Ukraine  and include specialized experts, particularly representatives of the public sector and the veteran community.

During the development of the law concept, the working group should take into account the results of the first stage, namely, the monitoring of the needs of veterans, the practice of leading countries that had the experience of participating in hostilities (for example, Israel, the USA, Croatia, etc.), as well as the basic principles of building social and legal support veterans given the current challenges described in the document.

Communication of proposed changes, test approval of the system

Before launching the system, there is a need to develop a communication strategy; one of the most critical tools should be public discussions. Proper communication of changes with society, particularly the veteran community, is necessary given that the topic is sensitive, especially when moving from preferential provision to guaranteed services. In addition, it may be advisable to test the system to identify its shortcomings in the early stages.

Adoption of a new law on veteran status and social and legal protection of these categories. Approval of by-laws

The legislative regulation of the developed system depends on prior communication and the political will of decision-making subjects, that is, the parliament. With the law's adoption, the government must develop relevant by-laws that will establish clear procedures for implementing guarantees.

Performance analysis 

Sometime after the system's implementation, it will be necessary to monitor its effectiveness to identify the need for its correction. Performance analysis should be carried out regularly to identify shortcomings promptly. Efficiency criteria will be such indicators as the ratio of the number of people who need the service to the number of those who received it, the percentage of the number of people who used the benefits to the number of those who remained satisfied, etc. (the criteria for evaluating efficiency will be discussed below).

Correction of the system because of the analysis of efficiency

Given the results of monitoring the effectiveness of the social and legal protection system of veterans and their family members, its correction may be needed. Correction of the system should be carried out regularly in case of such need.

1.3.2 Basic principles of building social and legal support for veterans

Reforming veterans' support must consider that the number of veterans applying for services will increase significantly, given the full-scale invasion. According to preliminary estimates of theMinistry of Veterans Affairs of Ukraine, 10% of the population will be veterans and family members of fallen Defenders . Thus, the presentation made public at the round table of the Committee of the Verkhovna Rada of Ukraine on social policy and protection of veterans' rights, "Verification of statuses acquired under the Law of Ukraine "On the status of war veterans, guarantees of their social protection", it was indicated that after the Victory, the number of people with veteran status could be approximately 3 million people:

• 1.7 million combatants;

• 600,000 people with disabilities as a result of the war;

• 500,000 family members of the fallen Defenders;

• Less than 200 thousand people of other categories (war participants, injured participants of the Revolution of Dignity, persons with special merits to the Motherland).

The number of services provided to veterans will depend on the indicated statistics, which will significantly impact State Budget expenditures. This suggests that there is now an urgent need to review all guarantees to which veterans are entitled in the context of their effectiveness in reintegration.

In this way, the updated state policy of social and legal protection of veterans should be built given challenges such as:

• Rapid growth in the number of preferential categories and the impossibility of accurately predicting the final statistics;

• Lack of budget funds to meet all identified needs of veterans, their families, and family members of fallen Defenders;

• Increasing the relevance and demand of some services that were not very popular before the full-scale invasion, for example, psychological support, medical care, etc.

To cope with the challenges described above, social and legal support for veterans should be:

• Targeted, i.e., to be provided not to everyone who has the status but only to those who need it;

• Effective, i.e., it should cover only those needs that contribute to active reintegration.

The new system should include social and legal protection that is easily accessible to the veteran and their family members (in particular, with the help of an electronic cabinet, where all personal data is maximally protected), without any bureaucratic red tape, on the contrary, the employees of the institutions should be trained to work with veterans. Increasing public respect and honor for veterans. The provision of all services must include mechanisms to control their quality.

1.3.3 Services that promote reintegration

The main emphasis in the social and legal protection system of veterans and family members of fallen Defenders should be on those services that contribute to the active reintegration of veterans. They will serve as the primary mechanisms for transitioning military personnel to civilian careers and, therefore, must be sufficiently funded to cover demand fully and maintained at the highest level to ensure effectiveness. It is about medical assistance, psychological support., and social and professional adaptation, particularly business creation support.

According to the current Law of Ukraine, "On the status of war veterans and Guarantees of their social protection", veterans have the right to a wide range of medical services. They can take advantage of priority-free dental prosthetics, receive medicine free of charge, go to a sanatorium-resort treatment, get prostheses, prosthetic-orthopedic products, and other auxiliary means of rehabilitation if necessary.

In practice, veterans face several problems when exercising their rights. Free medicines can be obtained only in pharmacies that have concluded appropriate contracts with the National Health Service of Ukraine and only for treating those diseases specified in the list approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1303 of August 17, 1998. In connection with this, for veterans who live, for example, in rural areas, access to free medicines can be difficult; in addition, veterans do not have the right to receive the medications that are relevant to them because the list of diseases for the treatment of which you can get affordable drugs is exhaustive and does not contain post-traumatic stress disorder, post-concussion syndrome, and acubarotrauma due to mine-explosive action. If we are talking about sanatorium-resort treatment, the difficulty here is that the services are provided at the expense of three different budget programs under the jurisdiction of the Ministry of Defense, the Ministry of Veterans Affairs of Ukraine, and the Ministry of Social Affairs. This creates additional bureaucratic obstacles and makes it difficult for consumers to access benefits because they need to know where to turn and who is responsible for exercising their rights. Moreover, the financing of this guarantee is temporarily suspended per the Law of Ukraine "On the State Budget of Ukraine for 2023". In the context of prosthetics for veterans, it is worth noting that the corresponding budget programs of previous years are also underfunded, which prevents the related needs from being met, and the demand for such a service is only growing.

Medical care is every veteran's most essential and basic need that must be provided both during military service and after discharge. For a veteran to have the opportunity to return to a civilian career and become economically independent and not depend on state payments, they must first receive proper medical care if their state of health requires it. For such services to be effective, the working group must consider all the shortcomings currently existing when updating the system of social and legal protection of veterans. General recommendations for what medical care for veterans should look like:

• Veterans should have their own package of health care services designed by the requirements of health care reform. Such services should cover all needs that may arise as a result of participation in hostilities;

• Institutions that provide medical services to veterans, in particular sanatorium-resort treatment, need proper repair and equipment;

• Services must be provided by specialists who have received appropriate training to work specifically with veterans, in particular, the problems they face due to participation in combat operations;

• Sanatorium-resort treatment should be provided within the limits of one budget program. For its effectiveness, the budget program should be entrusted to the Ministry of Health;

• Expanding the network of pharmacies where you can get medicine free of charge, in particular in rural areas, as well as the list of diseases for the treatment of which you can get medicine, adding to it diseases related to combat injuries;

• Expansion of financing and networks of institutions engaged in prosthetics;

• Introduction of a public-private partnership with appropriate compensation of costs from the state;

• Development of additional mechanisms for monitoring the quality of services provided, etc.

Psychological support is no less important than medical care because it facilitates the veteran's return to society. The provision of psychological support services is regulated by Resolution No. 1338 of the CMU dated November 29, 2022. Services are provided at three levels (previous diagnosis, life circumstances, and the state of physical and mental health determine the required level):

1. 1st Level — socio-psychological support and accompaniment;

2. 2nd Level — psychological rehabilitation;

3. 3rd Level — complex medical and psychological rehabilitation.

Psychological support is available to veterans and military personnel being discharged, which is important given that the transition process must begin before discharge. It should be noted that psychological support should be provided to soldiers at the discharge stage and during their service. In addition, family members of veterans have this right, which is necessary because, in this way, veterans feel supported by the family, and family members also need help in establishing relationships with veterans, taking into account their past experiences.

Even though the procedure for providing services came into force only at the beginning of 2023, some problems can already be identified. First, psychological support of the first level is financed by local budgets and other non-prohibited sources, which can affect the volume of services offered by the region and, accordingly, the equality of veterans in the context of providing support depending on the region. Secondly, psychological support of this level can be provided by specialists who are not specialists in the mental health field but have received appropriate training, for example, specialists in social work, social workers, and members of public associations. This approach to identifying service providers can harm their quality and efficiency. In addition, an IOM study conducted in 2022 identified why veterans do not seek psychological help. :

• 56% of veterans surveyed do not want to show their problems;

• 49% of veterans may not realize that they need help;

• 42% of veterans do not know who to turn to;

• 30% of veterans believe no specialists understand the veterans' problems, etc.

Therefore, the updated social and legal protection system for veterans should include psychological assistance services that guarantee adequate support at all three levels. It is about funding and training specialists who can work with the problems of veterans and their family members, possibly according to developed exceptional standards. In addition, it is already necessary to launch information campaigns about the importance of these services and inform veterans about how to obtain them.

Socio-professional adaptation, in particular business support, is an integral part of the system of transition to a civilian career because, according to the study of the portrait of a veteran conducted by the Ukrainian Veterans Fund in 2022, almost half of the respondents either do not plan to or could not answer affirmatively about returning to the previous field of activity. .

Cabinet of Ministers Resolution No. 432, dated June 21, 2017, determines the procedure for providing socio-professional adaptation. According to the procedure, professional adaptation includes:

• Provision of social services in the field of employment;

• Training, retraining, and professional development;

• Obtaining another specialty based on a previously obtained degree (level) of education, advanced training, and completion of the specialization, including with a shortened period of study;

• Obtaining the second (Master's) level of higher education based on the first Bachelor's) level of higher education, considering skills, abilities, and wishes.

Currently, veterans have the right to socio-professional adaptation and military personnel at the release stage. However, it is unclear how long they have such a right before release. In addition, the services are underfunded because, in 2022, several budget funds were allocated, which would have ensured the realization of the corresponding right for only 0.4% of those with the right to socio-professional adaptation following the law.

To properly provide military and veterans with socio-professional adaptation, there is a need to increase funding for the specified services so that they can cover the costs of implementing the right to at least 30-50% of those who can use the services following the law. In addition to what is already provided for in the procedure for providing socio-professional adaptation, the transition system must guarantee regular training and courses, particularly regarding career guidance, resume creation, interview process, business creation, job fairs, etc.

Along with social and professional adaptation, it is possible to single out business support for veterans. It is about the creation of a new one and the development of an existing one. The issue is relevant because more than a third of veterans who have completed military service or service in law enforcement agencies expressed interest in opening their businesses, as stated by the IOM study conducted in 2022 6. The same study determines what problems veterans face on the way to opening and running their businesses:

Evaluation of the statements regarding the conditions for opening businesses by veterans who would like to open their business or already has their own business (who fully agree with the statements).

• It is difficult to open one’s own business due to the lack of start-up capital -> 77%

• Help is needed in determining the direction of opening a business 60% 

• Lack of support from the state and local authorities 61% 

• Opening one's own business is very risky 51% 

• Lack of information on how to start a business 32%

Source: Interview with veterans 

Note: respondents could choose more than one answer

_____

Recently, the Ukrainian Veterans' Fund (UVF) started its work in the scope of the Ministry of Veterans Affairs of Ukraine' administration, which is responsible, in particular, for supporting the entrepreneurial activities of veterans and assisting them in their employment. Thus, the budget program No. 1501090 allocates funds to the UVF for financial support to veterans and their family members for the implementation of projects. Such activity involves only financial support; however, as can be seen from the illustration above, this is only one of the problems faced by veterans, so help in opening their own business should also include information, career guidance training, marketing courses, SEO, training on nuances taxation, legal consultations, etc.

Medical assistance, psychological support, and socio-professional adaptation are the main needs of the transition to a civilian career, which ensure economic independence, but they are not exclusive. Undoubtedly, veterans, their family members, and family members of the deceased should also be entitled to other guarantees in the social and legal protection system, such as housing, especially in the context of a full-scale invasion, during which a large amount of civilian infrastructure was destroyed. A closed housing issue for a veteran is a prerequisite for further active reintegration. However, it is worth moving away from the Soviet bureaucratic processes and apartment queues with a long waiting period to preferential mortgage loans and leasing programs.

1.3.4 Funding 

Its financing is the biggest challenge in building a social and legal protection system for veterans. The problem is related to the rapid increase in the number of persons entitled to guarantees. To solve the issue, the state must rationally use budget funds, which is possible by moving away from benefits to services that promote reintegration. Such services should, first of all, be received by persons who need certain help, and such a need arose precisely because of their or their family members' participation in hostilities.

Currently, the allocation of budget funds is not characterized by such rationality. For example, 1,244.3 million hryvnias were allocated for payments until May 5, 2022, which is 11.7 times more than for psychological support and socio-professional adaptation together. Although the payment until May 5, which was recently renamed to the payment dedicated to Independence Day, does not contribute to reintegration because of the effectiveness of the annual one-time fee, the amount of which is, on average, 1,500 hryvnias per person (in 2022, for participants in hostilities, the amount was 1,491 hryvnias) is questionable. The total amount of expenses per year is considerable.

According to the budget program No. 2501180 for 2022, services for socio-professional adaptation are insufficiently financed and, therefore, unable to cover the existing demand. In 2022, 30.3 million hryvnias were allocated for socio-professional adaptation to provide services to 3,132 people (the average cost per person is 9,676 hryvnias). 3,132 people are only 0.4% of those who have the right to social and professional adaptation (taking into account the statistics of veterans as of the beginning of 2022 and without taking into account the fact that family members of veterans and service members who are discharged also have such a right, the number of which is unknown). In addition, the budget request for this program for 2023 does not provide for a significant increase in expenditures; it refers to the total costs of services for 35.9 million hryvnias. In addition, the average service cost per person has been reduced to 6,820 hryvnias, which can adversely affect the quality and further reduce the number of recipients.

A similar situation existed in 2022 with psychological support, the financing of which is regulated by the same budget program, No. 2501180. The total costs amounted to 76.2 million hryvnias, with the help of which it was possible to provide services to 5,075 people (the average cost per person was 14,949 hryvnias). Thus, in 2022, psychological rehabilitation services were received by only 0.7% of those who were eligible (taking into account the statistics of veterans as of the beginning of 2022 and not taking into account the fact that family members of veterans and military personnel who are released, the number of which is unknown). In the budget request under this program for 2023, 166.7 million hryvnias are provided for psychological support, almost two times more than in 2022. Still, the costs per person have been reduced to 3,980 hryvnias, almost 11 thousand hryvnias less than in 2022. There is a positive trend in the increase in the number of service users, but this is done by reducing expenses per person, which can negatively affect the quality of the services provided.

Thus, it becomes evident that budget funds are currently distributed irrationally because they are directed more to those guarantees that do not contribute to reintegration and less to those that are the main catalysts on the way to the economic independence of veterans. Given the above principles and projected statistics, it is advisable to redirect the funds currently earmarked for payment by May 5 (Independence Day) to more valuable services, particularly those that will be included in the transition system.

1.3.5 Communication of reforms  to society

Proper communication of the renewal of the system of the social and legal protection of veterans is the primary responsibility of the relevant ministry to avoid public dissatisfaction, which may arise, for example, due to the redirection of budget funds from ineffective benefits to services that promote reintegration. It is necessary to convey to veterans and their family members the importance of the transition from benefits to services to show the effectiveness and impact on the State Budget and its capacity.

Communication of the reforms can be carried out through public discussions of drafts of the new law and by-laws necessary for its implementation and round tables to which public representatives, particularly the veteran community, should be invited.

In addition, it was mentioned earlier that before launching a new system, it could be tested. Therefore, communication with service users can be carried out based on the results of such testing.

1.3.6 Regulatory and legal framework 

The updated system should be defined by a new law on the status of war veterans and guarantee their social protection, where, in addition, a proper distinction between veteran statuses will be made. For its part, the government must develop relevant by-laws to determine the procedure for implementing each service.

1.3.7 Institutional changes

The main institutional change will be the strengthening of cooperation between the Ministry of Veterans Affairs of Ukraine and the Ministry of Defense of Ukraine to implement the procedure of transition to a civilian career because it should begin at the stage before discharge. It is necessary to identify an authorized person at the MOD, possibly a representative of the Ministry of Veterans Affairs of Ukraine, who will be engaged in analyzing the needs of a military person who is at the stage before discharge, ensuring the transfer of relevant data to the Ministry of Veterans Affairs of Ukraine, which will directly implement the transition system. In addition, appropriate interaction is important given that most military personnel currently serving in the Ministry of Defense have veteran status and, therefore, simultaneously fall under both ministries' jurisdiction.

In addition, the interaction of the Ministry of Veterans Affairs of Ukraine with other departments related to the implementation of the system of social and legal protection of veterans, namely the Ministry of Health, the Ministry of Social Policy, and the Ministry of Education and Culture, should continue. For example, there is a need for interdisciplinary development and implementation of a system of state support in the educational sphere to help prepare for exams, provide loans for studies, separate quotas, and benefits, particularly for vocational training, etc.

In addition, interaction with local self-government bodies and the involvement of non-governmental initiatives at the level of public-private partnership to promote the employment of veterans, support veteran entrepreneurial initiatives, provide medical services, etc., are not excluded.

The institutional changes can also include the creation of the veteran's assistant institute, which will deal with the support and coordination of the veteran in the system of transition to a civilian career. Thus, the Ministry of Veterans Affairs of Ukraine has already planned an experimental project in the Vinnytsia, Dnipropetrovsk, Lviv, and Mykolaiv regions in the period from June 1, 2023, to November 30, 2023 .

1.3.8 Performance evaluation criteria

Success criteria can be defined as:

• A comprehensive law on veteran status and veteran policy was adopted, as well as normative legal acts that determine the procedures for the implementation of relevant services;

• The ratio of the number of persons entitled to the service to the number of those who know about it, in particular, how to use it;

• The ratio of the number of people who need the service to the number of those who received it;

• The ratio of the number of people who used the services to the number of those who were satisfied;

• The ratio of the number of veterans who are employed or have their own business to the number of those who are temporarily unemployed;

• Number of civil servants and service providers who have completed special training for working with veterans, including customer orientation;

• Many government institutions where veterans must receive services have been significantly reduced.

1.4. Red lines which cannot be crossed in the veterans policy

During the reform of the benefits system (the urgent need for this process is currently associated with the low efficiency of the current system and long-term general mobilization, which in the conditions of large-scale aggression of the Russian Federation leads to an increase in the number of persons entitled to veteran status) it is necessary to take into account such "red lines":

• The impossibility of discrediting the status of a veteran. The perception of a veteran as exclusively a "beneficiary" and not a participant in social relations with a unique experience will lead to destructive relations between veterans and state authorities. Therefore, it is essential to ensure correct communication between representatives of authorities and veterans, recognition by employees of authorities, as well as other enterprises, institutions, and organizations of veterans' contribution to the defense of Ukraine. It is crucial in this aspect to ensure public honor and respect for veterans by involving veterans in educational processes, public service, and public activity, highlighting the contribution of veterans in mass media and artistic and documentary works.

• Declarative nature of support. It is unacceptable to provide declarative support that is not provided with sufficient financial or other resources and does not contribute to developing the veteran's well-being (as a modern priority service benefit). Any element of veteran support must be implemented in practice.

• Lack of monitoring of satisfaction and benefit of benefits. Reforming the system without monitoring the quality and effectiveness of the proposed changes, monitoring the achievement of specified performance indicators, and making the necessary changes to modernize the system given the needs of the beneficiaries will not lead to socially positive consequences and strengthening the social protection of veterans and their family members.

• The bureaucratization of processes. The development of online opportunities for obtaining public services (through the veteran's electronic cabinet or similar mechanisms) and getting services according to the principle of "Single Window" is necessary to strengthen guarantees of social protection for veterans. Conversely, the expansion of the network of bodies that provide services, the lack of coordination between them, and the duplication of powers will lead to chaos in the system. It will not contribute to the effectiveness of state support. Ultimately, this will lead to the disappointment of the end user.

All decision-making processes regarding social policy reform should take place with the public sector's real involvement and considering the positions of all interested parties.

2. POLICY ON PEOPLE WITH DISABILITIES

2.1. State of affairs in the policy on people with disabilities  as of early 2023, including measurement indicators 

During independence, Ukraine irresponsibly and ruthlessly distorted the sphere of social policy, turning it into a mindless distribution of benefits and handouts without thinking that a socially oriented state must build a system of working social services and effective support mechanisms. Moreover, a socially oriented state that aspires to join the family of member states of the European Union has to build its social protection system based on human rights values, inalienability, and equality for all. Instead, Ukraine implemented chaotic reforms, the essence of which was not to create conditions when people receiving a support service, a push from the state can organize their own lives, but only to provide more benefits, which burden the state budget, did not develop addressing issues of governance and dignified life of those who should be helped.

People with disabilities in Ukraine have been the objects of social experiments for decades, based exclusively on the Soviet approach of medicalizing disability and hiding people with disabilities in institutions (closed institutions of various types) or in their homes. Social policy regarding people with disabilities, despite all the intentions to reform it or the words about its reform, all 30 years of Ukraine's independence drove people with disabilities even deeper into social isolation. Including due to the detachment of the state's efforts in the social sphere from other spheres because for an independent and self-sufficient life, all people, regardless of their characteristics, should have the opportunity to enjoy their rights and freedoms fully. Substituting social, economic, and cultural human rights with benefits and the absence of a barrier-free environment prevents people with disabilities, veterans, and everyone else from realizing their rights and freedoms.

Currently, the Ukrainian implementation of social policy does not correspond to the meaning attached to these words by the Council of Europe in the European Social Charter and the European Union, which later became the basis for the revision and addition of the Charter. Ukraine's social policy is focused on supporting the so-called "vulnerable population groups", where everyone the state intended to "help" was thrown into a general cauldron.

Instead of constantly expanding the list of "vulnerable" people who, due to one or another circumstance, may need support at various stages of their lives, the government should think about forming a list of social services that each person can receive as required, to be able to implement on an equal basis with others own social, economic, and cultural human rights and freedoms. After all, it is possible to exercise human rights on an equal basis with others, regardless of specific characteristics, with proper support, when necessary, from the state. It is a prerequisite for effective social policy.

Ukraine joined the UN Convention on the Rights of Persons with Disabilities and the Optional Protocol. At the national level, at least several strategies and policies are currently in place that were intended to improve the situation for the rights of people with disabilities, including:

• National Human Rights Strategy (its implementation started in 2015);

• Action plan for the implementation of the recommendations set out in the concluding remarks provided by the UN Committee to the first periodic report of Ukraine on the implementation of the Convention on the Rights of Persons with Disabilities for the period up to 2020 (valid since 2016);

• The strategy of sustainable development of Ukraine until 2030 (approved in 2018);

• Strategy for creating a barrier-free space in Ukraine until 2030 (approved in 2021).

In addition to the particular Law ensuring the rights and guarantees of veterans, the development of their involvement in the life of communities is provided for by several state strategies. In particular, the State Regional Development Strategy for 2021-2027 provided for a separate direction - Strengthening the social security of war veterans and their family members in territorial communities at their place of permanent residence.

A key shortcoming of the Strategy is that it did not offer anything new compared to the Law "On Status...", which establishes a system of benefits for veterans (for now - without considering individualized needs). The rights of veterans (and women veterans separately) were one of the subjects of the State Strategy for ensuring equal rights and opportunities for women and men until 2030 and the approval of the operational plan for its implementation for 2022-2024.

It is not an exhaustive list because any national or local document that deals with human rights in one way or another is automatically a document that deals with the rights of people with disabilities and veterans. After all, people can have different statuses at different stages his life.

In addition, Ukraine's course for further integration and membership in the EU will involve bringing national legislation into compliance with EU standards. The minimum task that the state did not fulfill within the association agreement framework is the transformation of labor law to guarantee equality in access to employment for people with disabilities (Directive 2000/78/EC). In addition to the fact that Ukraine received a list of tasks in the framework of approaching membership after the status of a candidate state, the development of European law regarding the recognition and guarantees of the exercise of rights and freedoms by people with disabilities on an equal basis with others is not standing still. In 2021, the European Commission presented the Strategy for the Rights of People with Disabilities for 2021-2030, which will also serve as a guideline for the minimum standard for Ukraine. Ukraine's status as a candidate for the EU and EU Directives (and other governing documents) does not, as a rule, apply to the field of veterans' affairs since the social and legal protection of veterans is regulated at the level of national legislation. Still, this situation does not indicate the absence of the need to reform this area. In addition, Ukraine's obligations as a candidate for the EU in legally protecting persons with disabilities also apply to veterans with disabilities. They will contribute to the process of reintegration of such persons into peaceful life. 

2.2. Vision of the policy on people with disabilities  in the perspective of 2030, including measurement indicators

Understanding a disability and the attitude towards people with disabilities in 2030 should occur through the prism of human rights. Human rights and freedoms provide the legal mandate to meet people's needs. There is no segregation, institutionalization, discrimination, or stigmatization of people with disabilities in society, and the state policy reflects, takes into account, and solves the existing problems that people with disabilities face during the exercise of their human rights and freedoms, from civil and political, to social, economic, and cultural human rights. Policy management in the field of disability takes place with the full participation and proper representation of people with disabilities.

Having ratified the UN Convention on the Rights of Persons with Disabilities and the Optional Protocol to it, Ukraine undertook to fully implement its provisions and, step by step, to provide conditions in which every person with a disability as a subject of human rights can freely enjoy them. Compliance with these obligations should be fully reflected in state policy at all levels and be included in all state actions in the direction of integration into the European Union, synchronizing the development of the implementation of necessary reforms and improvement of legislation following European human rights law.

The planning of any reforms in the sphere of social policy should include an end-to-end and cross-sectoral approach and the involvement of relevant state institutions from various spheres. Eradicating old Soviet policies and approaches is impossible without understanding and practically implementing the intersectional approach. Efforts to approach the understanding of disability only from a medical point of view must remain in the past, just like the vision of supporting veterans through the lens of their medical rehabilitation. Incoherent and humiliating policies of assigning additional benefits instead of solving systemic problems, trying to preserve the existing status quo and a terrible network of closed institutions, decision-making behind closed doors, and other "best traditions" of the totalitarian legacy must remain in the past.

The formation of any state policies in social and humanitarian work should be based on the following:

• Avoiding stereotypes;

• Modern approaches and knowledge;

• Intersectional approach;

• Transparency and accountability to civil society;

• Human rights and freedoms;

• EU standards;

• Real inclusion in the stages of planning and development of all future beneficiaries.

Legislation

The legislative framework is developed in compliance with the standards of a democratic society and human rights, with the participation of the community and experts and an understanding of the goals and tasks that Ukrainian society needs. Today, most legislative acts in the field of disability do not correspond to the human rights model of disability introduced by the UN Convention, so they should be revised. A historic transition from a medical, charitable, and social model to a human rights model should occur. Current Laws of Ukraine "On the Basics of Social Protection of Persons with Disabilities", "On Rehabilitation", and other normative legal acts, as well as state strategies and plans, which currently contain tasks regarding the observance of rights or provision of services to people with disabilities, as well as issues of regulation support and rehabilitation of veterans, should be carefully reviewed through the prism of minimum EU standards, provisions of the UN Convention on the Rights of Persons with Disabilities, and other international documents, which are mandatory for Ukraine to implement. Based on the results of such an analysis and after assessing the needs of communities, a plan for reforming the entire sphere of social policy in Ukraine and a list of changes to legislation should be developed. State authorities, people's deputies, and civil society representatives must together take a course for systemic changes, including by introducing legislative initiatives. It is long past time to abandon point changes to individual laws, which turn Ukrainian national legislation into a minefield, making reform impossible and not creating fundamental changes.

Decision-making and participation 

By 2030, there should be a redistribution of the balance of influence in disability policy decision-making. The role of people with disabilities should be key in forming state policy, and their representation should truly reflect the interests and rights of the community. For centuries, this group was poorly represented in power and at various levels of state-building processes, which critically affected the low quality of politics and the state of rights protection and, therefore, the quality of life of several million people with disabilities in Ukraine. Applying positive actions to establish actual representation in power and the public sector, implementing supporting mechanisms in compliance with the principles of transformative equality, and creating an inclusive democratic society by 2030 should correct the situation. Quasi-public associations of the community, whose only task is to preserve the existing status quo, must be transformed. Separate institutions, which were formally created to promote the visibility of the rights of people with disabilities, but have neither real powers nor mechanisms of accountability for their work, should also disappear. Instead, bodies and positions with transparent functions and tools of formation and influence should appear, which will be responsible for implementing and monitoring the state policy on disability.

Development

Improving legislation and representation must go hand-in-hand with strengthening communities (people with disabilities, veterans, and everyone else). In 2030, community rights research centers should exist in the country; conditions should be created for scientific work based on existing international standards on human rights, with access to the best research developments in the world and the potential for the growth of a modern, competitive, and expert Ukrainian scientific environment. Favorable conditions have been created for civil society, organizations of people with disabilities, veterans’ associations, etc., which help the authorities fulfill their obligations in human rights protection.

Values

• Values determine quality policies. Therefore, the inseparable values of the policy for protecting the rights of people with disabilities in 2030 are equality, independence, and a focus on preserving dignity.

• Equality should ensure that services are designed with an understanding of the diversity of needs without skewing the balance of importance of one group or another.

• Independence - the design of services is aimed at timely and temporary support, as well as providing a person with the means for further independent living in the community.

• Conformity to the need is intended to normalize the human rights approach's real coverage of (studied) needs. Through the prism of human rights, this approach allows us to work with the existing situation adequately and to look for options for solving social problems based on the researched data.

• Focusing on preserving dignity means that any design of services and how they are provided should be based on unconditional respect for the dignity of each person.

2.3. Key issues to be solved to achieve the desired outcomes in the provision of social protection for people with disabilities  

1. Develop a comprehensive social policy reform based on international human rights standards.

2. Harmonize the legislation of Ukraine with the minimum requirements of the EU and abandon the remnants of Soviet laws, which do not suit modern Ukraine and only feed corruption.

3. Implement capacity and support decision-making reform.

4. Stop the medicalization of people with disabilities, veterans, and other groups that need temporary support and infantilization of recipients of social services. Social policy reform should take place with the real participation of communities.

5. Eliminate the institutional system of residential detention for adults and children with disabilities. Instead, develop and begin implementation of supported living and receiving services in communities.

6. Reform labor law by providing services, developing a support system for employment, and creating social entrepreneurship.

Security issues

Russia's war against Ukraine left deep scars on people's bodies, minds, and lives. For people with disabilities, hostilities, deportation, occupation, and other war crimes have become the height of insecurity and danger. The imperfect emergency response system, lack of access to justice, and overcoming the consequences of military actions are essentially a point of no return, which increases the feeling of abandonment, the impossibility of rescue, and the devaluation of human life.

Recognizing these gaps, Ukraine in 2030 is a state in which all people with various types of disabilities are entirely safe and are confident that in the event of emergencies, natural disasters, and/or military conflict, immediate response mechanisms that are inclusive will be effective. All people with disabilities affected by the war could obtain fair compensation for the war crimes committed against them and/or their loved ones.

1. Establish a system of coordination of actions between all state institutions responsible for emergency response in compliance with the principles of inclusiveness and intersectionality.

2. The civil defense system is architecturally, informationally, and procedurally accessible to all people with disabilities, the elderly, parents with small children, etc. Informing and training the civilian population on preparation for security measures also takes place, considering all accessibility requirements.

3. Developed standards for evacuation, humanitarian assistance, and rescue of people with various disabilities.

4. Created conditions and clear criteria for the work of international and national humanitarian organizations per the requirements of accessibility and intersectionality.

Independent life

In 2030, all people with disabilities in Ukraine live freely and independently in their communities, having free choice and control over their lives. State policy guarantees the support necessary for people with various types of disabilities to realize their right to live independently, an inseparable condition for the unrestricted use of all human rights and freedoms by people with disabilities.

1. A mechanism has been developed for the provision of support services for people with disabilities, which takes place without hindrance, in a simple and clearly defined way, and in a sufficient amount, taking into account the individual request of the person.

2. Support services are available to all people with disabilities, regardless of place of residence, social status, age, and other characteristics and conditions. A system of uninterrupted service provision has been implemented (provided that a person temporarily changes their place and living conditions).

3. The person controls the process of providing necessary services, and the state takes care of the quality of such services. A person has a choice between providers of support services.

4. The stability of funding for the provision of support services is ensured.

Freedom

In 2030, Ukraine will not deprive people with disabilities of legal capacity and freedom of movement based on the presence of a disability. In the country, there are no institutions, closed facilities, or any places of deprivation of liberty in which people are forced to live all or part of their lives, and people with intellectual, psychosocial, sensory, and physical disabilities can freely choose with whom and where to live and be fully subjects in their communities.

1. Legislative reform of the institution of legal capacity was carried out, and a mechanism of supported decision-making was developed and implemented.

2. The reform of deinstitutionalization of children's institutions and institutions for adults has been carried out; every person with a disability and/or an elderly person has the possibility of independent and, if necessary, supported living in communities.

3. Adequate and high-quality social services are available in all communities; social services at the community level are the basis of social policy. The state conducts a proper assessment of the quality and appropriateness of social services and conducts a regular assessment of community needs to form a basket of available social services.

2.4. Policy for solving issues in the protection of the rights of people with disabilities in the perspective of 2030

1. Reforming the policy of social services for people with disabilities

Ukraine has been a party to the Convention on the Rights of Persons with Disabilities for almost fifteen years, but the national legislation has not yet been included. Social policy, which changes too slowly and, in many ways, continues to develop according to the medical and paternalistic model, while institutionalization, inaccessibility, and lack of real dialogue with the community remain key markers of the situation of ensuring the human rights of people with disabilities. At the same time, the number of people with disabilities and social policy challenges facing the state due to the war and its consequences is increasing. All this requires an immediate and fundamental reform of approaches to social policy.

Regulatory and legal framework 

Despite the change in the definition of disability and a person with a disability, the state remains in the paradigm of the medical model of disability, which to a large extent, determines the content and volume of services that the state calls social and offers to people with disabilities and other categories of the population that it considers vulnerable.

In establishing disability (legal recognition) inherited from Soviet times, the person with health disorders remains outside the boundaries of needs assessment, including in rehabilitation measures and auxiliary means. Certain services and means of rehabilitation can be obtained only after the formal establishment of disability by a medical and social expert commission.

Another confirmation of little progress toward the human rights model of disability is the existing paternalistic legal framework. The Law of Ukraine, "On the Basics of Social Protection of Persons with Disabilities in Ukraine," is full of benefits and populist declarations, the implementation of which seems unlikely. The Law of Ukraine, "On Rehabilitation of Persons with Disabilities in Ukraine," mainly contains a set of social guarantees. After adopting the Law of Ukraine, "On Rehabilitation in the Field of health care", its role as a separate act remains controversial.

In addition, the current social policy contains signs of discrimination. As an example, the provision of auxiliary and other means of rehabilitation. Thus, persons with intellectual and mental disabilities do not receive auxiliary aids. Moreover, different payments are provided depending on the causes of disability - for persons with disabilities since childhood and persons with disabilities due to a general illness. People with intellectual and/or mental disabilities are also in a worse situation. Stigmatization, limitations in decision-making, and the dominance of the institutional system of care and services are other characteristics of the current policy and its inconsistency with the requirements of the Convention and a human rights-based approach.

Adopting the new Law of Ukraine's "On Social Services" should improve the system of providing services following human needs. However, the challenges associated with its implementation in practice call into question the possibility of receiving services properly. Prolonged development of by-laws (including standardization of services), lack of a sufficient number of specialists, (in) the ability to finance basic eighteen services from local budgets are only some of them.

Despite the reform of social services, home care services remain the most in-demand and lacking. Their development should lead to the maximum independence of a person with a disability and the opportunity to live in the community. At the same time, the absence of such services is unconditional forced institutionalization, as currently applies not only to people with disabilities and their families but also to forcibly displaced persons, older people, and veterans. Now, standards are not implemented, and neither the local nor the state budget and services for supported accommodation, personal assistance, sign language translation, etc., are provided. Separate exceptions are individual civil society organizations' initiatives with donor funds' support, which cannot meet all demands.

The barrier-free movement raised the issue of access to buildings, infrastructure, transport, services, and information in the information field. Despite the changes in certain areas, there is a lack of general implementation of the approaches of the Convention on the Rights of Persons with Disabilities; in particular, not all newly created objects and services comply with the principles of universal design; there is still no basic data on the situation with accessibility, the consequence of which is the decorativeness of the terms and indicators of implementation action plans. In addition, the lack of enforcement powers to enforce accessibility standards and the difficulty of prosecuting the provision of unavailable services remain a challenge.

Recent government initiatives to ensure the rights of people with disabilities do not consider the voice of the community itself and organizations of people with disabilities. The previous mechanism for the participation of such organizations in the formation and implementation of state policy regarding the community of people with disabilities is practically not viable, and the principle of "Nothing without us" has not been implemented. The previous policy of state financial support for organizations of persons with disabilities was unbalanced and combined projects and social services provision. The latter needed to be more assertive in harmony with the directions of social service reforms. In addition, there are no open and transparent tenders for access to these funds and reporting on their intended use.

From the perspective of 2030, it is necessary to foresee the following changes in the legislation:

• Legislation on the definition of disability has been in line with the Convention on the Rights of Persons with Disabilities; health status assessment will be carried out under the International Classification of Functioning.

• The provision of rehabilitation services and aids should not depend on the formal establishment of disability.

• There should be one legislative act defining the rehabilitation system in Ukraine for all population categories.

• Ensuring the human rights of people with disabilities will not be considered separately but an end-to-end component of state policy. For example, the right to inclusive education is regulated by legislation and policies on education. The Law of Ukraine "On the Basics of Social Protection of Persons with Disabilities" should be replaced by a framework legislative act that will determine the conditions for the implementation of the Convention on the Rights of Persons with Disabilities and the realization of the human rights of persons with disabilities on an equal basis with others.

• Benefits and guarantees for people with disabilities have been revised. Support will be provided for goals leading to a person's independence and mobility. For example, compensation for the services of assistants (helpers), provision of auxiliary means, etc.

• In addition, people with disabilities will be included in poverty reduction policies.

• The provided social services aim to increase individual mobility, independence, and decision-making. For this purpose, the Law of Ukraine, "On Social Services," will be amended. Financing social services can include two components: provision of targeted funds to people with disabilities to purchase services (on the model of state financial guarantees in the health care field). Services will be purchased from both state and non-state providers on equal terms.

• Legislation on social services will ensure equal conditions of access to the procurement of services by public and private sector providers. In addition, incentives for various service providers to work in small communities and remote settlements will be developed at the sub-legislative level. A proper, including an independent assessment of the quality of the services provided, will be ensured, which will avoid conflicts of interest and consider the voices of people with disabilities as one of the critical criteria of such an assessment.

• Legislation on urban planning, transport, and the provision of public services contains clear requirements for the implementation of accessibility standards and sanctions for non-compliance. In 2030, national and local information and data will be available on accessibility, buildings, infrastructure, transport, services, and information. Based on this data, action plans are implemented to ensure unimpeded access. Objects and services inaccessible to people with disabilities shall not be purchased from state and local budgets. Providers of unavailable services in complaints related to the unavailability of services bear responsibility within the limits of anti-discrimination legislation.

• The new framework legislative act on ensuring the human rights of people with disabilities enshrines the implementation of the "Nothing without us" («Нічого без нас») principle: formalized the institutional mechanism for consultations with people with disabilities, organizations of people with disabilities, as well as providing support to organizations of people with disabilities to participate in the development of implementing Conventions on the rights of people with disabilities, as well as monitoring the implementation of international agreements and national legislation on the human rights of people with disabilities.

This institutional mechanism may involve functioning at the government level of an institution like the current Government Commissioner for the Rights of Persons with Disabilities, but this institution must have real powers, be protected by the Framework Law, and the principle of selection of the Commissioner must be based on open and transparent competition.

Funding of civil society organizations for people with disabilities will guarantee equal conditions of access, will be carried out on a competitive basis, and will provide institutional support to such organizations for monitoring and participation in the development of decisions on the implementation of the Convention on the Rights of Persons with Disabilities and ensuring the human rights of persons with disabilities.

Institutional changes

The Ministry of Social Policy is currently one of the key subjects for the continuation of the reform of the social services system.

With the participation of various stakeholders, the Ministry of Social Policy should:

• Develop and approve long-term solutions for the continuation of reforms;

• Make the necessary changes to the legislation;

• Adopt relevant by-laws;

• Develop and approve financing mechanisms for the purchase of social services, including the creation of conditions for the provision of basic services in communities;

• Develop a road map for overcoming discriminatory practices in social policy to ensure the human rights of people with disabilities.

The Ministry of Health, within the framework of the implementation of the International Classification of Functioning and Implementation of Rehabilitation Policy in the Health Care Sector, should:

• Reform the medical and social expert commission and military medical commission systems;

• Develop legislative acts on the unification of legislation on the rehabilitation of people with disabilities and/or other persistent health disorders;

• Develop the necessary project solutions for providing rehabilitation services at the community level;

As part of the implementation of the National Strategy for the Creation of a Barrier-Free Space in Ukraine, the Ministry of Regional Development and Infrastructure should:

• Collect basic data on the accessibility of buildings, infrastructure, transport, and services for people with disabilities. Within post-war reconstruction, this data will be key to further planning and investment of resources in affordable reconstruction;

• Develop the necessary decisions regarding the prevention of financing from the State and local budgets, as well as international technical assistance programs for inaccessible objects and services.

Funding 

In rehabilitation programs and other areas of attracting international technical assistance, there should be a mandatory emphasis on the implementation of social services aimed at the independence and self-reliance of people with disabilities. The design of these programs should avoid supporting goals and activities that lead to segregation and institutionalization. In addition, the government will need international assistance in creating an accessible service infrastructure, as the existing infrastructure is largely inaccessible.

In the following stages, social services will be financed from state and local budgets. As part of the decentralization reform, the government should encourage communities to provide social services, including through subsidies to communities that cannot provide social services. Potential financing of targeted programs for direct procurement of services should be provided from the state budget. Programs at the national level should provide support for people with disabilities. However, this will not exclude the encouragement of local authorities to adopt relevant programs and attract funds for technical assistance on the ground.

Communication of reforms to  society

People with disabilities, as the biggest beneficiaries of reforms, should be involved in their implementation. It is necessary to develop both information programs ensuring the use of languages and formats accessible to people with disabilities and programs of participation in developing relevant decisions. Families of people with disabilities should be provided with appropriate support, including leisure-related services.

The main emphasis of communication with organizations of people with disabilities should be the implementation of the principle "Nothing without us" («Нічого без нас»), guaranteeing equal conditions of access to receiving funding for projects and programs, as well as to the provision of social services. At the same time, social service providers from civil society organizations of people with disability should be subject to the same criteria and conditions, including assessment criteria, as providers from other sectors.

A significant share of the responsibility for implementing reforms will lie with communities. The primary collection of data on people with disabilities, services, and accessibility will become part of the powers of community authorities. In communication with communities, the need to implement the policy of inclusion of people with disabilities, their independence, and self-reliance should be articulated. In addition, districts should create conditions for equal access of providers of different sectors to the provision of social services, including avoiding limiting the open market of social services to only certain "inconvenient" services, reducing the cost for non-state providers. The government should strengthen the capacity of communities that will need help to organize the provision of these services.

Social service providers. Communication should articulate the need to implement services based on the independence and self-reliance of a person with a disability. To this end, the government may need support for the training, retraining, or upskilling of social service professionals. In addition, appropriate social guarantees should be provided for social service professionals.

Steps (stages) of changes

Reform steps will depend on the situation of changes in other areas. However, a certain logic must still be followed:

• In the first stage, it is necessary to urgently overcome the gaps that arose during the implementation of the Law of Ukraine "On Social Services":

• Develop and approve by-laws;

• Put in order the provision of basic social services;

• Agree on service names;

• Assess community capacity and decide on community support where needed;

• Approve the standards of the escort service for people with various types of disabilities;

• Make it impossible to exclude specific categories of people with disabilities as service recipients based on disability or legal capacity;

• Add the services of a personal assistant and transport to the essential services.

At the same stage, long-term solutions for the further reform of the social services system should be developed and approved, which, among other things, should include:

• Involvement of independent institutions/specialists in assessing the needs of social services; - the possibility of independent purchase of social services by people with disabilities (families with a person with disabilities) and the choice of a social service provider, including through the provision of targeted funds or vouchers;

• Ensuring that a person with a disability receives services whose providers are not available in the community of residence;

• Expanding the list of social services with services aimed at the independence and independence of people with disabilities;

• Financing mechanisms of social services.

At the same stage, there should be unified legislation on rehabilitation. Provisions of the Law of Ukraine "On the Rehabilitation of Persons with Disabilities in Ukraine", which are of exceptional importance, should be part of a single legislative act on rehabilitation. In addition, long-term solutions for the provision of rehabilitation services at the community level should be developed.

In addition, the collection of baseline data on the accessibility of buildings, transport, infrastructure, information, and services should be initiated for further planning, and the inclusion of accessibility issues in recovery programs is needed.

It is also essential to develop and approve a new financing mechanism for civil society organizations of people with disabilities.

It is necessary to develop a framework project of the law on ensuring the human rights of people with disabilities and conduct a large communication campaign to adopt this legislative act.

• The second phase should begin with testing and implementing services not previously provided. Before the beginning of the second stage, providers and specialists of social services and communities must have the necessary competencies for the organization and provision of social services. Rehabilitation services at the community level will also be implemented here.

After discussion of the framework draft law, it must be adopted, and accordingly, changes must be made to the legislative acts resulting from the framework law. At this stage, the end-to-end consideration of the human rights of people with disabilities in various spheres of state policy should be completed. Corresponding changes to legislative and regulatory acts should be developed.

• The third stage will be accompanied by assessing the implemented reforms and introducing corrections where necessary.

Criteria for evaluating the reform’s success/failure

The main assessment indicators will be indicators of the independence of people with disabilities. These indicators will be considered, including employment, independent living in communities, legal capacity, and other spheres.

In addition, the capacity to provide social services at different levels, the equality of access conditions of different providers, and the quality of social services will also be evaluated.

2.4.2. Policy of deinstitutionalization (DI)

Deinstitutionalization (DI) for adults with disabilities and older people is a vital reform that Ukraine must finally be implemented to bring its practice of providing "social support and care" services into line with international human rights standards. Currently, there are a huge number of institutions for adults with disabilities and older people in the country, most of which do not meet the necessary standards of human rights and do not provide decent living conditions. In addition, Ukraine already has a new wave of forced institutionalization due to a lack of adequate social services and affordable housing, a large number of internally displaced persons, and an increase in the number of veterans with disabilities. Therefore, the government must take the necessary legislative and systemic measures to reform the existing system of providing social services and ensure that this reform is accompanied by institutional reform itself, the endpoint of which is the closure of all residential institutions and the transition to community services and independent living.

Previously, Ukraine started the reform of deinstitutionalization of children's residential institutions back in 2017; a corresponding three-stage plan until 2026 was developed. This work only considered the reform of children's institutions, including institutions for children with disabilities, but did not in any way articulate the future of institutions where youth with disabilities live permanently and residential institutions for adults with disabilities.

Instead, the residential "social care" system in Ukraine currently looks as follows:

• 260 boarding houses (for senior citizens, adults with disabilities, and children with disabilities) and psycho-neurological boarding schools (except for institutions located in temporarily occupied territories in 2022);

• 41,800 people receive social services with accommodation.

Of them:

• 78 boarding houses for senior citizens and adults with disabilities (including 21 geriatric boarding houses), in which more than 11,400 people live in total;

• 146 psychiatric boarding schools, where almost 26,000 people live;

• 1 special boarding house (where people with disabilities and/or the elderly do not live but are temporarily transferred from other institutions);

• Of 36 children's boarding houses, in which 4.4 thousand people live (including pupils and people in boarding schools temporarily displaced/evacuated outside Ukraine), about 1.1 thousand children and 3.3 thousand people are young people over 18.

As of January 1, 2022, the health care system had 54 psychiatric care facilities, including inpatient care, and their total bed fund was 21,266 beds.

In the past, Ukraine already received recommendations from the UN Committee on the Rights of Persons with Disabilities regarding the need to reform this system of "social care" as not meeting the requirements of the Convention. In addition, in August 2022, the Committee published detailed Instructions to Member States on deinstitutionalization, which separately emphasized the need to take into account IDPs during conflicts, the inadmissibility of rebuilding the destroyed system, and the fact that the residential care system itself contradicts the Convention and is discriminatory.

At the European Union level, deinstitutionalization processes are also significant, supported by the European Commission as part of the broader work on the development of social support and life in communities. In the latest assessment of Ukraine's progress, the European Commission noted the lack of social policy development and its unsatisfactory state.

Regulatory and legal framework 

The reform of DI should begin with analyzing the gaps and challenges of the current legislation. Key legislative changes required:

• Changing the legislation on the legal capacity to ensure a real possibility of restoring legal capacity, access to legal protection for all those who have lost legal capacity or are partially incapacitated, etc.;

• Introduction of a mechanism of supported decision-making for those persons who cannot regain legal capacity;

• Development of new approaches to the provision and control of the quality of social services, including services of supported living (such services should not depend exclusively on available local and communal funding, the range of providers of such services should be expanded, and control of their quality and compliance with human rights should be introduced);

• Development and approval of the relevant legal acts, including issues of financing both the transition period and further settlement of the issue of burden distribution between state subventions and local budgets.

Institutional changes

The essence of the reform is to transform the current "institutional care" system and replace it with support services at the community level. A long-term plan must be developed to move care and health services from residential care to a model of supported living and community-based decision support.

Institutional change should include an assessment of the current distribution of roles and responsibilities, including services already available at the community level, and analyzing gaps and weaknesses in the existing system.

Another guarantee of institutional change is the independence and transparency of decision-making, based on the Guidelines on DI of the UN Committee on the Rights of Persons with Disabilities and on the relevant experience of other countries that have already gone through the path of DI. A mandatory prerequisite for forming new approaches is the exclusion from the decision-making process of those currently responsible for boarding schools and administering their work. The existing employees of boarding schools may, in the future, after retraining and training, continue to work and provide social services. Still, they should refrain from influencing the development of the reform model and its implementation at the local level.

In addition, the government should invest in training health and social workers and a more comprehensive range of carers (especially on a non-professional basis) to provide good quality services.

Funding 

Deinstitutionalization will require significant financial resources. However, there needs to be more available information on what resources are required from the state and local budgets to maintain a residential system of more than 260 institutions in the social sphere, in which about 43,300 adults live. The government should calculate the costs of implementing the reform, including:

• Cost of housing in communities;

• Provision of assisted living and supported decision-making services;

• Cost of training staff to provide quality social services;

• Cost of monitoring and assessing the quality and compliance (to the requests and needs of recipients) of social services;

• The costs of closing residential institutions and their revitalization should be considered.

The cost of implementing the reform will depend on various factors, in particular, the size and number of institutions that need to be closed first, second, and, for example, third, the chosen model of supported living and the period required for the implementation of all stages of the reform. The reform budget should consider the pilot stage and the main part of the reform separately. Funds for the pilot stage include funds that Ukraine can receive from the EU and the World Bank as part of the reconstruction if it refuses to reconstruct the destroyed boarding schools in favor of the implementation of the reform of the DI. The European Commission can be another donor to the reform of the DI system within the framework of implementing the Strategy of the European Commission "Union of Equality: Strategy for the Rights of People with Disabilities 2021-2030".

Communication of reforms to society

The reform of the ID must necessarily be accompanied by nationwide communication work to avoid speculation and intimidation, as well as a negative attitude towards the community of people with disabilities, who were forced to live in boarding schools due to the lack of attention and non-fulfillment of their obligations by the government.

The public should receive systematic and detailed explanations of the rationale and content of the reform, its stages, alternatives for providing support, etc. The information campaign should focus on native people with disabilities to build support and prevent institutionalization.

In addition, communication should be aimed at building support for reform and creating a shared understanding of the importance of deinstitutionalization and the benefits it can bring. Communication cooperation with the public sector and actors that influence public opinion is vital for forming the image of the reform as a necessary part of the recovery process of Ukraine and a prerequisite for joining the EU.

Steps (stages) of changes in the DI reform

• Relevant institutional body identification or creation of an intersectoral team with appropriate powers to coordinate the reform;

• General reform plan with a division into short, medium, and early-term goals and definition of intermediate assessment stages and responsible and involved parties;

• Changes to legislative regulation (including legislative reform of the institution of legal capacity and development and implementation of a mechanism for supported decision-making);

• Developing a methodology and conducting a basic assessment of the situation and needs of the institutionalized population to take into account the required capacity in the development of models of supported decision-making and supported independent living in communities;

• Development of a methodology and audit of the capacity of communities to provide supported living services and the availability of housing stock;

• Piloting in selected communities and evaluation of the results of such piloting;

• Changes to social services, expanding the range of service providers, etc.;

• Changes to training and employment support for persons with disabilities to enable independent and independent living;

• Preparation for retraining of employees of residential institutions;

• Development of a plan for the closure of boarding schools and preparation for the closing of the first boarding schools, including their further revitalization;

• Assessment of stages of reform and change implementation (if necessary);

• Full implementation of the reform (a long-term perspective beyond the 2030 Strategy) is the ideal state of affairs. "In Ukraine, no residential institutions exist for children or adults with or without disabilities."

Criteria for evaluating the success/failure of the DI reform

For a successful reform of DI, the assessment criteria, procedure, and transparency of this assessment should be developed at the beginning. It will allow the government to monitor the progress of the reform and make the necessary adjustments. Evaluation criteria should be based on the following key indicators:

• The number of people who received access to the service of supported living in communities / the number of communities capable of providing such services / the number of service providers.

• Criteria and evaluation of the community's quality of social, medical, and rehabilitation services.

• Analysis of access and obstacles in obtaining medical and rehabilitation services, including proper planning of effective use of funds and involvement of additional service providers.

• Cost-of-funds analysis — estimating the cost of maintaining the current residential care system and calculating the cost of reform will help demonstrate the long-term financial benefits of reform.

• Assessment of the satisfaction of service users and their relatives — the evaluation of the progress of reforms and the quality of services should not be separated from the accurate assessment of the population's satisfaction.

The key premise of the reform is compliance with human rights standards — the entire reform should be based on the Guidelines of the UN Committee on the Rights of Persons with Disabilities on Deinstitutionalization.

2.4.3 Employment policy

It is necessary to reform the labor legislation of Ukraine, providing job search services, support in employment, provision of reasonable accommodation, develop a support system for employers, and create conditions for social entrepreneurship. People with disabilities should be able to find employment in the free labor market without discrimination. Also, Ukraine should abandon separate forms of work for people with disabilities at separate enterprises, as those that do not ensure labor and social integration of people with disabilities violate the right to decent and equal working conditions.

Regulatory and legal framework 

Formally, national law declares the principles of equality and prohibits discrimination based on disability; it also requires employers to reserve different workplaces to employ persons with disabilities.

The general principles of the right to work for people with disabilities, as well as specific preferences, are provided for in the Code of Labor Laws, "On Employment of the Population", "On Holidays", "On the Principles of Prevention and Counteraction of Discrimination in Ukraine". Special state policy measures to ensure this right are included in the Law of Ukraine's "On the Basics of Social Protection of Persons with Disabilities in Ukraine", and the Law of Ukraine's "On Rehabilitation of Persons with Disabilities in Ukraine".

However, in practice, this does not meet the standards of the UN Convention on the Rights of Persons with Disabilities. Formally, the jurisdiction of the Convention does not prohibit the use of quotas to ensure the right to work for people with disabilities. However, the application of a hard quota of 4% in Ukraine did not contribute to the inclusiveness and accessibility of the open labor market, and the preservation of jobs to fulfill such a quota led to the restriction of the rights of people with disabilities to choose work freely and causes segregation. In addition, the standard of workplaces is not differentiated and applies equally to the employment of people who may face different obstacles. As a result, people with disabilities, for example, intellectual and mental disabilities and complex disabilities, remain mainly outside the open labor market.

Private sector employers must pay administrative and economic sanctions for the non-fulfillment of employment standards for people with disabilities. In practice, some employers avoid paying such sanctions by proving in court that they fulfill all the specified requirements. In addition, even the received funds are directed for purposes not directly related to ensuring the right to work. The state has declared a mechanism to support employers in the open labor market, but it is practically impossible to use such a mechanism.

To date, the conditions for the functioning of social entrepreneurship have not been created. Instead, the government focuses its support exclusively on enterprises created by public associations of persons with disabilities. This support is ineffective, evidenced by the reduction in the number of working people with disabilities, as well as the significant difference in wages for people with disabilities and people without disabilities working at such enterprises.

There is practically no responsibility for the non-fulfillment of the standard of workplaces in the public sector. The government declared the provision of reasonable accommodation during the competition for civil service positions. Also, it provided methodical recommendations for the availability of jobs, but there needs to be a practical application of the advice, and even more so, no provision of reasonable accommodation. It does not allow us to discuss the inclusiveness and accessibility of public service and local self-government jobs.

From the perspective of 2030, it is necessary to foresee the following changes to the legislation:

• Reject separate legislation on ensuring the right to work for people with disabilities. The need to create conditions for accessibility and inclusiveness of the open labor market and the provision of reasonable accommodation should become part of national labor legislation.

• Create conditions for granting subsidies to employers to ensure reasonable accommodation. Both private and public sector employers, social enterprises, self-employed people with disabilities, and direct people with disabilities employed in the public or private sector should be able to receive a subsidy. Subsidies will be used for the adaptation of workplaces, the purchase or necessary equipment adjustments, and for assistants or the creation of other conditions to ensure the right to work of a person with a disability on an equal basis with others.

• Introduce guarantees for employers (for example, tax preferences or preferences for the payment of a single social contribution) for the employment of people with disabilities with complex impairments or in cases of employment of more people than provided for by the quota.

• Declare the desire to abandon job quotas for the employment of persons with disabilities. The application of a hard quota should be reviewed, and the preservation of individual jobs should be abandoned. The norm should become more flexible. It should be extended only to people with disabilities who, all things being equal, would be in a worse position, experience significant obstacles in realizing the right to work on an equal basis with others, and may also require reasonable accommodation measures. In addition, the standard will cover people with mental and/or intellectual disabilities. The next stage should be the development of measures to soften the bar and its flexible application in various situations.

• Define the concept of social enterprises, the goals and directions of activity to which state support will be directed, including the directions of accessibility and inclusiveness of the open labor market. Such enterprises must operate within the framework of general labor legislation and anti-discrimination legislation and provide appropriate working conditions for persons with disabilities; the wage level of working persons with disabilities must not be lower than that of working persons without disabilities. Such enterprises, among other things, can provide support services at the workplace, as well as internships or other activities necessary for preparation for work in the conditions of the open labor market. At the same time, the rehabilitation services provided by such enterprises and employment should be clearly defined, avoiding forced labor or labor for significantly lower wages for workers with disabilities compared to workers without disabilities.

• Review the preferences in the work of persons with disabilities. In particular, cancel the rule on non-application of the probationary period for persons with disabilities. It should be clearly provided that night work; overtime work is prohibited only under the condition of medical indications. It is also worth reviewing the duration of paid and unpaid leave for people with disabilities, with the aim of determining additional leave as a form of reasonable accommodation for people with disabilities who will need it.

Institutional changes

The implementation of the state policy on ensuring the right to work for persons with disabilities should be concentrated in the executive body, whose powers will include labor and employment issues. Currently, it is the State Employment Service. This body should be entrusted with the authority to advise employers of various sectors, including social enterprises, on the issues of openness and accessibility of workplaces, provision of reasonable accommodation, conditions for the implementation of regulations, and implementation of positive actions. The authority to consult persons with disabilities may not change; the only thing is that both in the first and second case, the capacity of the State Employment Service in general and its specialists should be strengthened.

In addition, the State Employment Service should finance measures of reasonable accommodation using the state budget funds. The same resources should be used to finance professional training and retraining of persons with disabilities. In addition, the service must organize social support services at the workplace. The public service will have data on the employment of persons with disabilities, including access to the data of the insured person, whose authority will include the administration of a single social contribution.

Control and supervision in the field of working conditions must be carried out by the labor service or exclusively by a government body whose powers include the implementation of state policy on control and supervision in the field of labor and employment. The spheres of control should extend to employers of all forms of ownership and social enterprises. The following will be monitored: proper working conditions of people with disabilities; the wages of people with disabilities, including relative to working people without disabilities; provision of reasonable accommodation according to the request of a person with a disability.

It is proposed to liquidate the Fund for Social Protection of Persons with Disabilities, and the State Employment Service will carry out its functions accordingly. The insured person who will administer the single social contribution is the State Labor Service. The powers of the Fund in the field of rehabilitation of persons with disabilities and provision of technical and other means of rehabilitation should remain in the spheres of state policy, the responsibility for which will be borne by the state authority that implements social policy and the state authority that implements policy in the field of health care.

The national civil service agency should regularly collect and publish data on job openings and availability, the number of employed people with disabilities, including job levels and disability groups (and/or other equivalent). The agency will interact with the employment service on data exchange issues, consulting in the public service on the openness and availability of jobs, positive actions, and measures to ensure reasonable accommodation.

Funding 

Financing of measures to ensure the right to work of persons with disabilities is carried out using, in fact, state budget funds, as well as funds received from the payment of administrative and economic sanctions. Administrative and economic sanctions should be abandoned due to their ineffectiveness. Resources to ensure reasonable accommodation should be calculated from a single social contribution. It may require a revision of the EUS percentage. It is also necessary to provide for a reduced social security rate for employers employing a certain number of people with disabilities or categories of people with disabilities. Rehabilitation, provision of assistive devices, training and education of people with disabilities, and support of public associations are not always directly related to employment. Therefore, the relevant measures should be financed using state and/or local budgets outside the employment policy.

Communication of reforms to  society

The main groups that will be affected by changes in state policy in the field of ensuring the right to work for people with disabilities are:

• People with disabilities, their associations, and organizations working in the interests of people with disabilities;

• Private sector employers, with whom communication will be carried out through their association;

• Public service – state authorities and local self-government bodies as employers;

• Ministry of Social Policy of Ukraine and Ministry of Economy of Ukraine.

In general, people with disabilities can support reforms. People with disabilities who are employed at enterprises of public associations of people with disabilities may have some reservations before the changes. The unsuccessful policy of the last twenty years on access to the open labor market created the impression of such enterprises as the only possibility to earn a living.

This position will be actively defended by representatives of individual public unions and public associations, namely associations that are the founders of enterprises. In both the first and second cases, communication should be carried out in favor of proper working conditions for people with disabilities and the level of wages for team members with disabilities, which will not be inferior to the level of wages for people without disabilities working in such enterprises. Furthermore, the identification and support of social enterprises will not automatically exclude existing ones. However, the condition should be proper working conditions and equal wages for team members.

Employers are most concerned about the mandatory implementation of strict workplace standards, the lack of state support for providing reasonable accommodation in case of non-compliance, and the need to pay administrative and economic sanctions. In communication with employers, it is essential to emphasize the possibility of state support, including compensation for the costs of providing reasonable accommodation and the government's gradual withdrawal from the rigid quota. A challenge in communication may be the possibility of revising the rate of the single social contribution.

As an employer, the state must become a leader in ensuring the right to work for people with disabilities. State authorities and local self-governments should develop employment and career development practices for people with disabilities, as well as regulatory flexibility so that after the final abandonment of quotas, the openness and availability of jobs in the public sector are not limited.

Steps (stages) of the reform

In the first stage, the government should develop and approve state support mechanisms for ensuring reasonable accommodation, taking into account the recommendations defined in the first section. Remove from the Law of Ukraine "On the Basics of Social Protection of Persons with Disabilities in Ukraine" areas not directly related to ensuring the right to work of people with disabilities, which are supported by sources aimed at ensuring the right to work. Provisions that prevent private sector employers from receiving subsidies to ensure reasonable accommodation to the formal implementation of workplace regulations should be removed from by-laws.

At the same time, in the first stage, social entrepreneurship should be defined, and the directions to which state support will be directed, separating the provision of rehabilitation services from the employment of people with disabilities, should be indicated. Existing enterprises of public associations of persons with disabilities must have a certain transitional period for reorganization into social enterprises and/or social service providers. The government, particularly the Ministry of Economy of Ukraine and the Ministry of Social Policy of Ukraine, should be provided with the necessary advisory support for such enterprises. During the transitional stage, changes should be made to the legislation regarding the review of state support in the form of benefits, preferences, and subsidies.

At the same stage, the government should complete the development of the necessary legal acts to ensure the right to work of people with disabilities in the civil service and local self-government bodies.

In the second stage, the government should withdraw from the Law of Ukraine "On the Basics of Social Protection of Persons with Disabilities in Ukraine", and other legislative acts, the norms regarding the reservation of jobs to fulfill the norm. In addition, the changes will concern the refusal to levy administrative, economic sanctions and the transition to a flexible quota. In the first and second stages, it is possible to revise the rate of the single social contribution to finance measures of reasonable accommodation. At the same stage, the legislation on certain preferences and benefits for working people with disabilities should be reviewed.

In the third stage, after assessing changes, the state declares the refusal of job quotas and fixes the transition period for a certain period.

Criteria for evaluating reform’s success/failure 

The main criterion for evaluating the current employment policy is the number of employed people with disabilities. Number and amounts of grants and other types of state support for employers. Another success criterion is employment at enterprises of public associations of persons with disabilities.

In addition to the existing indicators, the evaluation of the proposed changes will be supplemented by others:

• Share of employed people with disabilities among the total number of people with disabilities, people with disabilities of working age, people with disabilities - job seekers, the share will be differentiated by gender, age, job level, group of disability or its equivalent, types of disability;

• Share of cases of providing compensation for providing reasonable accommodation among the total number of appeals, this share will be differentiated by sectors, a form of ownership of employers, as well as indicators of allocated resources;

• Statistical data on the number of appeals to courts and non-judicial bodies regarding anti-discrimination.

To collect these indicators at the beginning of the first phase of change, the government should collect baseline data that will allow it to assess the progress achieved at each of the stages of the reforms.

 2.5. Red lines which cannot be crossed in the protection of the rights of people with disabilities

1. The absolute red line is the continued use of the medical model of understanding disability and the further irresponsible development of social policy exclusively in the form of increased benefits, meager cash payments, and unnecessary services for the population.

2. The preservation of the system of institutions (residential "care" for children and adults with disabilities and/or the elderly) and the continuation of the provision of social services based on these institutions will be unacceptable for a restored democratic and legal Ukraine. Immediate reform must begin with changes to decision-making processes and end the practice of disenfranchising people with disabilities.

3. Continuation of the development of the current model of social services when the state does not guarantee the provision of social services in communities and communities declare a lack of funds for the purchase of social services. Everything leads to forced institutionalization and loss of family ties.

4. Using the rhetoric of "European integration laws" to promote initiatives that have nothing to do with the vital reforms or the values and requirements of the European Union.

5. All decision-making processes regarding social policy reform should take place with the public sector's real involvement and consider the positions of all interested parties.

6. Lack of platforms for discussion and development of common positions and visions between representatives of different social groups, the public sector, and donors. The slogan "Nothing Without Us" should finally become the key to the development of any policy.

7. General national strategies to improve everything, action plans in the style of "outcome in two years", which lack measurement indicators of results and monitoring of their implementation on the ground.

8. Impunity for war crimes against persons with disabilities and their lack of reparations and access to justice on an equal basis with others, including the investigation of all war crimes committed in and against places of detention.

3. PENSION POLICY

3.1. State of affairs in the pension policy as of early 2023

The legislation of Ukraine provides for the operation of three levels of the pension system, of which two are in operation today. The first level is based on the principle of solidarity (pay-as-you-go), which provides for a closed pension system that accounts for labor or insurance contributions of the insured person and determines the size of the pension based on the amount of the salary of the insured person from which insurance contributions were paid and the insurance experience. The Pension Fund of Ukraine carries out the administration of this level. The primary source of income of the first level is part of the single social contribution, which is paid by the majority of citizens in the amount of 22% of the amount of wages. Since the Pension Fund's income is insufficient to pay pensions, its deficit is covered by the state budget.

The second level is the accumulative system of mandatory pension insurance, which provides for the regular payment of a certain percentage of one's salary to a personal account, with the subsequent investment of this amount and the receipt of an additional pension. Today, this level is not implemented in Ukraine, there are several legislative initiatives aimed at its implementation, but they contain several significant threats that will lead to negative consequences.

The 3rd level - non-state pension insurance - provides for voluntary regular contributions of insured persons to non-state pension funds, at the expense of which additional pension is subsequently paid. Banking products and life insurance also represent this level. However, due to frequent crises, the lack of a capital market, and many other shortcomings, this level of the pension system is not sufficiently developed today.

Since 2001, several legislative changes have been implemented in Ukraine that have improved the functioning of the pension system, namely:

• Individual accounting of labor and insurance contributions with fixation of salaries/contributions has been introduced;

• Introduction of a formula for calculating pensions based on labor and insurance contributions has been introduced;

• Unification of sectoral pension systems into the all-Ukrainian system was carried out, except for special pension systems in law enforcement and security structures;

• a requirement for minimum work/insurance experience and an increase in the retirement age, if it is insufficient, was introduced, which alleviated the problem of raising the retirement age;

• the introduction of automation of the process of accounting and calculation of pension payments creates the basis for making voluntary contributions to the state pension fund;

Despite all its shortcomings, the existing pension system demonstrates a better level of accumulation and preservation of deposits compared to other instruments, which indicates a correct global approach to calculating the value of such deposits in the pension calculation formula.

At the same time, there are still shortcomings in the existing system in Ukraine, in particular: :

• The insurance component of the pension provision is combined with the social one, which leads to the leveling of the difference between those who paid the minimum insurance contributions and those who did not pay them at all - their pension amount is the same. It discourages citizens from receiving an official salary and paying pension contributions from it;

• Pension calculations are carried out based on the amount of the insured person's salary and not on the amount of pension contributions, which distorts the validity of the amount of the pension;

• Payment of a single social contribution is placed on employers, as a result of which employers regard it as an additional tax burden, and employees do not feel their participation in pension insurance;

• Even though the size of the single social contribution is determined, the share of funds going to the Pension Fund changes annually in manual mode depending on the needs of the Pension Fund;

• The formula for calculating pensions and their indexation does not take into account global trends of changes in the demographic structure and changes in the labor market;

• In addition to the general pension system, there are also special regimes for specific categories, in particular law enforcement and law enforcement personnel, which distorts the general approach;

• The rate of deduction of pension contributions needs to be higher, which causes a low level of pension and a replacement rate below 30%. The level of mandatory contributions for individual entrepreneurs is especially low, which causes a low level of pensions. Low pensions are also related to the fact that Ukraine has a high level of informal employment and shadow wages, which reduces income from social security. The low level of estimated pensions discourages savings through the state pension system and reduces the share of insured persons among the working population;  

• The need for a significant number of subsidies to the Pension Fund from the state budget poses a threat to the stability of the budgetary system of Ukraine;

• Pension indexation based on two parameters - the average salary and the inflation index - is incorrect under the current Ukraine economic conditions. If the rate of inflation exceeds the rate of growth of the average salary, then the increase in pensions, other things being equal, is not ensured by an adequate increase in the Pension Fund's income and thereby increases its deficit;

• For a long time, the pension system depended on political pre-election populism to determine the minimum number of pensions and the implementation of special conditions for determining pensions for certain categories of citizens, despite the implementation of a precise formula. This does not contribute to the implementation of a long-term strategy;

• Non-state pension funds proved unable to support the national pension system. The accumulation of funds and the number of investments do not cover the inflationary losses of investors in such funds, which makes such a tool for saving investments unprofitable.

More details: https://zn.ua/ukr/macrolevel/pensijna-sistema-khvora-ale-nakopichuvalnij-riven-ne-liki.html 

The imperfection of the pension system results in a superficial level of insurance, which is about half of the working population of Ukraine. Also, more than half of pension payments are made at the minimum, politically determined pension level.

There is a threat of introducing a depository system of accumulation with a decrease in the level of contributions to the State Pension Fund. At the same time, there are no tools for investing funds of insured persons and their guarantees. As a result, significant political and social consequences are expected due to the projected collapse of this system in the medium term and the discrediting of pension systems in general. More details: https://zn.ua/ukr/ECONOMICS/nova-pensijna-sistema-vrakhovuje-interesi-usikh-krim-pensioneriv-ekspert-rozhromiv-ideju-nakopichuvalnikh-pensij.html 

The political system in Ukraine is sensitive to the pension system, which creates instability in the functioning of state institutions.

It is also worth considering Ukraine's extremely unfavorable demographic perspective, which is burdened by the consequences of military aggression. Population migration is observed, primarily women of childbearing age, the fertility rate has fallen to a catastrophic level (nearly 1), and the available population is now estimated at 29 million people. In contrast, the number of pensioners exceeds the number of the working population.

3.2. Vision of the policy on people with pension in the perspective of 2030, including measurement indicators

The pension system becomes a conditionally closed accumulative insurance system.

Separately, there are social assistance programs for the elderly, which are provided only to socially vulnerable categories.

Along with the mandatory, conditional savings system, there is a non-state voluntary pension savings system.

The formula for calculating pension payments is simple and transparent. It considers direct contributions to the Pension Fund made by the insured person directly or through the employer as a tax agent. The cost of contributions is saved by tying them to the average salary. Calculating and indexing pensions are also carried out exclusively up to the average salary.

The following pension calculation formula is proposed:

Li=Zi-1*K,    K=S/M,    S=Ʃ j N j     N j=V j /Z j

Where Li is the pension in the year I,

Zi-1 – average salary in year i-1,

K is the pensioner's coefficient,

S is the sum of annual investment indices,

M is the expected number of years of life after retirement,

Nj is the investment index of the j-year,

Vj is the annual number of investments of the j-year,

Zj - the average salary for j-year.

The system considers household priorities, making it possible to reduce the mandatory contributions of the insured depending on the number of minor children.

The age parameters of the pension system are established based on data analysis, such as average entry into employment, life expectancy after retirement, level of labor return, etc.

Projected indicators to be achieved:

• The pension fund’s insurance component is not subsidized;

• The level of participation in the pension system of the insured is at least 85% of the working population;

• The replacement rate is at least 40%.

3.3. Key issues to be solved to achieve the desired outcomes in the pension policy 

Proposed measures:

1. Separation of the pension component from the single social contribution (SSC) so that each citizen clearly understands the amount from their salary that goes to the Pension Fund;

2. Pension contributions should be withheld from the salary and not accrued to it. Thus, the employee will see their participation in the pension system and understand what contribution they make to it;

3. The Pension Fund should record not the amount of a citizen's salary but the amount of pension that was deducted from their salary. Thus, every citizen will see the amount he has accumulated and, accordingly, will be interested in increasing it, in particular through voluntary contributions;

4. Take into account the expected length of life in retirement and the average age of entry into labor. Positive side – pension's clear dependence on contributions, a reasonably easy calculation formula that is clear to citizens;

5. Annual indexation of the pension exclusively to the rate of growth of the average salary, which will ensure the synchronous monitoring of contributions and payments, avoiding cash failures due to the development of inflation when wages are frozen;

6. Increasing the rate of deductions for workers for professions where accelerated wear and tear of the body is medically confirmed (miners in particular), tying the rate to the minimum retirement period.

7. Unification of the pension system for all categories of employees. Additional pension supplements for specific types of employees must be made exclusively at the expense of the estimates of the relevant managers of funds;

8. Expanding transparency and completeness of information about pension insurance. In particular, through Diya, insured persons should periodically receive information about the number of pension contributions made by them and the estimated amount of the pension, which will stimulate the official salary of citizens;

9. Review approaches to the payment of pension contributions for individual entrepreneurs; as an option, consider setting a rate at the same level as for a single tax (5%) or a minimum contribution based on the size of the average salary;

10. Set the rate of contributions to the mandatory pension insurance at a level that will ensure the level of the replacement ratio at a level not less than 0.4, at least for the insured without children. The possibility to reduce the level of mandatory contributions of the insured depending on the number of dependent minor children;

11. Transitional provisions should ensure a smooth transition from the existing system to the conditional-cumulative one.

12. Administration of pension contributions should be carried out by the Pension Fund and not by the tax department as it is now.

3.4. Red lines which cannot be crossed in the pension policy

During the implementation of changes, it is necessary to prevent:

• Introduction of a mandatory accumulation system of the depository forms due to reduced contributions to the state pension fund.

• Reduction of the deductions rates to the pension fund under the pressure of business structures.

• Increase of subsidies from the state budget.