Экспертное мнение
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The full-scale war waged by Russia against Ukraine has forced millions of people to flee their homes in search of a safe place to live. Evacuation of the population has become a vital measure, but this process is not always easy. Many Ukrainians, even under the threat of shelling and destruction, deliberately remain in dangerous regions due to fear of the unknown, reluctance to leave their homes, or the need to care for elderly relatives. This creates additional difficulties for the authorities, because the safety of citizens remains a priority, and in some cases forced evacuation has to be resorted to. The issue of evacuating families with children is particularly acute. According to the norms of international law and Ukrainian legislation, the state is obliged to ensure the protection of children, even if their parents refuse to leave the dangerous territory. That is why legislative initiatives were developed, which provide for the possibility of forced removal of children from the combat zone by decision of military administrations. This is not an easy, but necessary decision, designed to preserve the lives of the most vulnerable categories of the population. Deputy Minister of Internal Affairs of Ukraine Bohdan Drapyaty stated, that the evacuation of the civilian population has become one of the main state priorities. For almost three years, measures to evacuate people from war zones have been going on continuously. According to official data, as of the beginning of January 2025, approximately three million people were evacuated from dangerous regions, of which 655,000 were children, and more than 105,000 were people with disabilities. Drapyatyi emphasized that in the system of the Ministry of Internal Affairs, evacuation is carried out by special units of the National Police «White Angels» and rescuers of the State Emergency Service. Currently, there are 21 groups of «White Angels», which include 124 police officers, as well as 13 rescue and evacuation groups of the State Emergency Service with a total number of 140 people. As the official stated, only in 2024, about 18,000 people were evacuated by the efforts of the Ministry of Internal Affairs, including almost 4,000 children. In addition to rescuing civilians, the units also deliver humanitarian aid, evacuate bodies of the dead and even remove domestic animals, which is an important humanitarian aspect. At the same time, Drapyatyi drew attention to problems that require improvement of legislative regulation. He emphasized that the evacuation of children, the elderly and persons with disabilities is often delayed due to the refusal of relatives, which puts these people in a hopeless situation. There are known cases when delay led to tragic consequences in the territories of active hostilities in the Donetsk, Sumy, Zaporizhia and Kharkiv regions. The deputy minister reminded that the Ministry of Internal Affairs has developed a number of draft laws to improve evacuation procedures. In particular, the government supported and submitted to the Verkhovna Rada two draft laws — No. 12353, which improves the evacuation mechanism, and No. 12354, which introduces responsibility for violating martial law. Drapyatyi emphasized that draft law No. 12353 has already been adopted by the Verkhovna Rada in the first reading. He drew attention to the fact that the current legislation provides for the evacuation of children only accompanied by one of their parents or legal representatives. However, practice shows that even in active combat zones, some parents categorically refuse to evacuate, putting not only themselves, but also their children at risk. As Drapyatyi explained, the adoption of draft law No. 12353 provides for the obligation of parents to ensure safe conditions for the child. In the event of their refusal to evacuate children from active combat zones, the National Police will be empowered to remove the children with subsequent transfer to the care of social services in safe areas. According to him, the evacuation of children from the territories of potential hostilities will be carried out together with one of the parents or other legal representatives with the participation of guardianship authorities and the National Police. At the same time, in areas of active hostilities, this process will take place without the participation of guardianship bodies due to the high level of security. Drapyatyi emphasized that these legislative initiatives should increase the efficiency of evacuation and ensure the protection of the civilian population, especially children, who cannot make decisions about their own safety on their own. As Bohdan Drapyaty emphasized, the forced evacuation of children by the National Police from active combat zones in the absence of parental consent is a forced but necessary measure that is conceptually supported by all interested parties. According to the Constitution of Ukraine, the UN Convention on the Rights of the Child and current Ukrainian legislation, protection of a child’s life is one of the main responsibilities of the state. If an adult deliberately remains in a dangerous area, it should not endanger the lives of his children. Drapyatyi emphasized that evacuation measures include not only the removal of people from the combat zone, but also the provision of temporary housing, medicines and basic necessities. In cooperation with regional administrations and volunteer organizations, this mechanism works harmoniously. According to draft law No. 12353, compulsory evacuation of children will be carried out by decision of the regional military administration after coordination with the military command and the Evacuation Coordination Headquarters. In addition, the official emphasized another serious problem — the arbitrary return of previously evacuated persons to the combat zones. Such actions not only expose people to mortal danger, but also complicate the conduct of defensive operations. It is known that the Russian military has repeatedly used the civilian population as human shields in the temporarily occupied territories. To prevent such cases, at the legislative level, it is planned to introduce restrictions on entry and stay in settlements from which mandatory evacuation has been announced. Citizens will be able to return there only after the end of active hostilities and the creation of safe living conditions. As Drapyatyi noted, government bill No. 12354 provides for administrative responsibility for violating this ban. In particular, fines from 510 to 850 UAH will be imposed for illegal stay in such areas, and from 1,700 to 3,400 UAH for repeated violations. This bill also establishes fines for curfew violations: from UAH 850 to UAH 1,700 for the first violation, and from UAH 1,700 to UAH 3,400 for a second violation. As the deputy minister emphasized, the introduction of stricter control over the observance of martial law is an important practical step. A large number of violations are recorded in the frontline regions, which creates risks for civilians and the military. Compliance with curfew and evacuation rules will contribute to the safety of citizens and increase the effectiveness of Ukraine’s defense measures.
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