Key Benefits:
(Information of the Verkhovna Rada of Ukraine (VR), 2011, No. 42, pp. 435)
{With changes under the Laws
No. 5073-VI of 05.07.2012 , VR, 2013, No. 25, pp. 252
No. 246-VIII from 05.03.2015 , BBR, 2015, No. 22, pp. 146}
This Act regulates relations related to the failure of volunteer activity in Ukraine.
Article 1. Volunteering and the main establishment of the proceedings
1. Volonteric activities are voluntary, socially committed, non-profit activities carried out by volunteers by providing volunteer assistance.
{Paragraph 1 of the first article 1 of the changes made under the Act No. 246-VIII from 05.03.2015 }
Volunteer assistance is the work and services that are carried out free of charge and are provided by volunteers.
{Paragraph 2 of the second part of the first article 1 in accordance with the Act No. 246-VIII from 05.03.2015 }
Volunteering is a form of charitable work.
{Paragraph 3 of the third part of the first article 1 of the changes made under the Act No. 246-VIII from 05.03.2015 }
Free performance or provision of services to individuals based on family, friendly or neighborhood relationships is not a volunteer activity.
{The fourth part of the fourth part of the first article 1, with changes made under the Act No. 246-VIII from 05.03.2015 }
2. Military activity is based on the principles of legality, humanity, equality, integrity, irrevocability, non-profit.
{Part of the second article 1 in accordance with the Act No. 246-VIII from 05.03.2015 }
3. Volontery is carried out on the following areas:
Provision of volunteer aid to support low-income, unemployed, multi-divisive, homeless, homeless, persons who need social rehabilitation;
Taking care of sick, disabled, single, elderly, and others who through their physical, material or other features need support and assistance;
providing assistance to citizens who suffered from an emergency of a technogenic or natural nature, action of a special period, legal regimes of emergency or martial law, conducting an anti-terrorist operation, as a result of social conflicts, accidents, as well as victims of crimes, refugees, internally displaced persons;
{Paragraph 4 of Part 3 of Article 1 in the Drafting of the Law No. 246-VIII from 05.03.2015 }
providing assistance to individuals who through their physical or other disabilities are limited in the realization of their rights and legitimate interests;
Conduct activities related to the protection of the environment, preservation of cultural heritage, historical and cultural environment, history and culture monuments;
Promote national and international activities related to the organization of mass sports, cultural and other spectacle and public events;
Provision of volunteer aid to eliminate the effects of emergency technology or natural nature;
Providing volunteer assistance to the Armed Forces of Ukraine, another military formation, law enforcement agencies, public authorities, during the special period, the legal regimes of emergency or martial law, conducting an anti-terrorist operation;
Third article 1 is supplemented by a new paragraph under the Law No. 246-VIII from 05.03.2015 }
Providing voluntary assistance in other areas not prohibited by legislation.
4. The State in the person of its bodies and officials supports the public initiative to issue voluntary activities, guarantees and provides protection for the foreseeing. Constitution of Ukraine and laws of rights, freedoms and legal interests of volunteers, recipients of volunteer aid, organizations and institutions that engage in their activities of volunteers.
{Part of Article 1 of the changes made under the Act No. 246-VIII from 05.03.2015 }
Article 2. Voluntary legislation in the field of volunteering
1. Volunteer activity legislation consists of Constitution of Ukraine , this Act, other laws, international treaties, consent to the duties provided by the Verkhovna Rada of Ukraine, and other regulations.
2. If international treaties of Ukraine, consent to the obligations provided by the Verkhovna Rada of Ukraine, have established other rules than those envisaged by this Act apply the rules of international treaties.
Article 3. Implementation of public policy in the field of volunteer activities
1. The implementation of public policy in the field of volunteerism is carried out by the Cabinet of Ministers of Ukraine, the central body of the executive branch, implementing state policy in the field of volunteer activity, other state authorities and bodies. the local government within their own powers.
2. The Cabinet of Ministers of Ukraine:
Provides the implementation of a single public policy in the field of volunteer activities;
Develops government objectives programs in the field of volunteer activities;
directs and coordinates the work of the Central Executive Authority implementing state policy in the field of volunteer activities, and other executive bodies on the implementation of public policy and government targeted programs in the field of volunteering activity.
3. The Central Executive Body implementing the State policy in the field of volunteer activities:
Ensures the implementation of public policies in the field of volunteer activities;
Take other measures for the development and popularization of volunteer activities;
Promotes the dissemination of information on volunteer activities;
Promotes public association and charitable organizations in their activities aimed at developing volunteering activities;
Disseminates information on the state of the implementation of industry and regional assistance programs and support for volunteering activities;
published its web site available information about organizations and agencies involved in their activities, including information about organizations and institutions involved in foreigners and persons without citizenship to conduct volunteer work. activities on the territory of Ukraine, within three working days from the day of receipt of relevant information;
contribute to the implementation of international cooperation on the issues of volunteering, summarizing and disseminates work practices in this sphere.
{Article 3 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 4. Access volunteering information
1. The executive branch and local government authorities contribute to the dissemination of information on organizations and institutions involved in their activities of volunteers (their location, postal address, communication numbers, and, if available), addresses of the official website in the Internet and email), a list of individuals (in the case of their written consent according to the law), organizations and institutions that need volunteer assistance by placing relevant information on their websites in the Internet and local media.
{Text of Article 4 in the Drafting of the Law No. 246-VIII from 05.03.2015 }
Chapter II
THE LEGAL STATUS OF VOLUNTEERS AND ACTIVITIES OF THE VOLUNTEER ORGANIZATION
Article 5. Organizations and institutions involved in their activities of volunteers, their rights and duties.
1. The volunteers to their activities can organize and organize institutions that are non-profit.
2. Organizations and institutions involved in their activities of volunteers are entitled to:
Failure to establish an agreement to negotiate a volunteer activity with a volunteer or without such a contract in the order defined by the Act;
To receive funds and other property for volunteering;
To self-define the activities of volunteering activities;
To issue volunteers for the identification of their identity and volunteering within the organization;
Reimburse the volunteer costs associated with the provision of volunteer aid for Article 11 This Act;
suffering the life and health of volunteers during the period of the failure of their volunteer activities, according to Law of Ukraine "Insurance";
Invite foreigners and persons without citizenship to carry out volunteering activities in Ukraine, to guide citizens of Ukraine abroad for the failure of volunteering activities;
Acquire other rights provided by law.
3. Organizations and institutions involved in their activities of volunteers are required:
To provide volunteers safe and appropriate for the life and health of the exercise of volunteering activities;
provide volunteers to reliable, accurate and complete information regarding the content and features of the volunteer activities;
provide free access to information provided to volunteer activities by organizations and institutions involved in their activities of volunteers.
4. Organizations and institutions that are involved in their volunteer activities are responsible to the law.
5. In the event of a contract for the failure of the Volunteer Activity or the Treaty on the Granting of Voluntary Assistance to the relevant organizations and institutions, the direct damages are caused by them, in the case of a unilateral dissolution of the relevant of the treaty, if it is provided by the treaty.
6. Organizations and institutions involved in volunteering foreigners and persons without citizenship, for five working days since such engagement are written about this central executive body, implementing state policy in the EU. Volunteer activity.
7. Organizations and institutions involved in volunteering foreigners and persons without citizenship, in case of a termination by a foreigner or a person without citizenship, volunteering for five working days report The central body of the executive branch, which provides the implementation of public policy in the field of migration.
{Article 5 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 6. Payment of disposable money in the event of the death (death) or disability of the volunteer (death) due to injury (contusia, injury or handicapped) received during the delivery of anti-terrorist operations, fighting and conflicts in conflict
1. In the event of the death (death) of a volunteer in the area of anti-terrorist operations, combat and armed conflict of the family of the deceased (deceased), his parents and supporters are paid off a one-time money. assistance in the amount of 500 life minima established by law for able-bodied persons.
2. In the event of a disability of the volunteer, a result of injury (contusia, trauma or handicapped) received during the delivery of anti-terrorist operations, combat and armed conflicts, depending on the degree Loss of employment to him is paid off a one-time amount of money in this size:
in the case of a disability I group, the 250 living minimums established by law for able-bodied persons;
In the event of a disability II, the group is a 200-life minimum established by law for able-bodied persons;
in the event of a disability of the III group, the group is a 150-life minimum established by law for able-bodied persons.
3. Payment of one-time money is carried out in the Order and on conditions defined by the Cabinet of Ministers of Ukraine. Disposable monetary assistance is paid by the decision of the body defined by the Cabinet of Ministers of Ukraine. The relevant body accepts the stated decision on the basis of addressing this aid to him, the attention of forensic examination for the causes of death or the reference to the nature of the injuries in the area of the anti-terrorist operation, as well as in case of the need, testimony from the head of one of the Armed Forces of Ukraine, other military formations, law enforcement agencies, the state authorities who are directly in the area of anti-terrorist operations, fighting and Armed conflicts. Additional documents may also be added to the appeal of the one-time use of monetary assistance, which confirms the provision of voluntary assistance in the area of anti-terrorist operations, combat and armed conflicts.
{Article 6 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 7. Volunteers, their rights and duties
1. Volonter is a physical person who willingly performs socially directed non-profit activity by providing volunteer aid.
The volunteers may become citizens of Ukraine, foreigners and persons without citizenship who are in Ukraine on legal grounds that are divisive. Persons aged between 14 and 18 are volunteering at the consent of their parents (adopters), foster parents, parental educators, or the trustee. Persons ranging from 14 to 18 years of age cannot provide volunteer care for directions designated by paragraphs. Eighth and Ninth Part of the third article 1 of this Act, as well as in the medical facilities.
Foreigners and persons without citizenship are volunteering through organizations and institutions that involve their volunteer activities, information on which is posted on the official website of the central executive body that implements the State policy in the field of volunteer activity.
2. Volonters provide volunteers based on an organization or institution, which is involved in their volunteer activities, on the basis of a contract for the failure of the volunteer activities concluded with such an organization or institution, or without such a treaty.
Volunteers can provide volunteer assistance individually, with the obligation to report recipients to volunteer aid that they do not cooperate with organizations and institutions that involve their volunteer activities. Volunteers cannot provide volunteer assistance individually for the areas identified by the paragraphs. Seventh and Eighth of the Third Article 1 of this Act.
3. The Volunteer can obtain a volunteer's license, pursuing volunteering in organizations and institutions involved in their activities of volunteers.
4. The Volonter shall be entitled to:
Adequate voluntary activities, in particular, to obtain a credible, accurate and complete information on the order and conditions of the volunteering activities, providing special means of protection, equipment and equipment;
The volunteer activity before the training session, in case of the responsibility of the received speciality, at the consent of the educational institution;
Reimbursement of expenses related to the implementation of volunteer activities foreseen in the Article 11 This Act;
Other rights provided by the Treaty on the Failure of Voluntary Action and Law.
5. The Volonther shall be obliged to:
It's sad and timely to carry out duties related to the failure of volunteering activities;
In cases defined by the legislation, medical review and health care;
in case of need for further training (retraining);
do not allow actions and actions that can adversely affect the reputation of a volunteer, an organization or institution based on voluntary activities;
Adhere to the legal information regime with limited access;
in the event of a contract for the failure of the volunteer activity and the unilateral dissolution of the treaty, the volunteer initiative will reimburse the direct damages inflicted by it if it is provided by the treaty;
To retake the property of the school, which is due to volunteer activity, in accordance with the law.
{Article 7 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 8. Recipients of volunteer aid, their rights and duties
1. The benefiting of volunteer aid is the physical and legal entities that are non-profit organizations that receive such assistance.
{Part of the first Article 8 in the edition of the Law No. 246-VIII from 05.03.2015 }
2. Recipients of the volunteer aid are entitled to:
An important and humane attitude from the volunteers and organizations and institutions involved in their activities of volunteers;
{Paragraph third of second article 8 with changes under the Act No. 246-VIII from 05.03.2015 }
The choice of volunteers and organizations and institutions involved in their activities of volunteers, forms of provision of volunteer aid;
{The fourth part of the second article 8 with the changes made under the Act No. 246-VIII from 05.03.2015 }
To obtain information on their rights, duties and conditions of providing volunteer assistance;
Compliance with the legal information regime with limited access;
protection of their rights and legitimate interests in accordance with the law.
3. Volunteer duty holders are required to:
Provide volunteers and organizations and institutions that engage in their activities of volunteers, full and credible information related to the provision of volunteer aid;
{Paragraph 2 of the second part of the third article 8 with changes made under the Act No. 246-VIII from 05.03.2015 }
do not create additional risks to life and health of volunteers during the provision of volunteer aid;
in the event of a contract to provide a volunteer aid to reimburse direct damages caused by the refusal of volunteer assistance, if it is provided by the treaty.
{Paragraph 4 of Part 3 of Article 8 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 9. Treaty of the Failure of the Volunteer Activity
1. The Treaty on the Failure of the Volunteer Activity is required:
in the event of volunteering for the directions defined by the paragraphs of the seventh and eighth part of the third Article 1 of this Act, in Order defined by the Cabinet of Ministers of Ukraine;
by the desire of a volunteer or his legal representative, if the volunteer is a person of the age of 14 to 18.
2. Under the agreement on the failure of the Volunteer Activity, one party (volunteer) is committed to the task of the second party (organization or institution involved in their activities of volunteers) personally to provide voluntary assistance to her The recipients during the contract of the treaty, and the institution or institution is pledged to provide a volunteer opportunity for volunteering. The treaty may determine the order of the volunteer expenses associated with the implementation of the contract.
3. The Treaty on the Failure of Voluntary Action is concluded in writing.
4. The Treaty on the Failure of Volunteer Activities may be made up of a person who has reached the age of 18. Children who have reached the age of 14 can teach the consent of the written consent of parents (adopters), foster parents, parent-pupils, trustee.
5. The Treaty on the Failure of Volunteer Activities shall contain:
Description of volunteer activity (task);
The period of the failure of the volunteer activity;
The rights and obligations of parties
Responsibility for the cause of damages;
{Article 9 of the Revision of the Law No. 246-VIII from 05.03.2015 }
Article 10. Agreement on the Granting of a Volunteer Relief
1. The Treaty on the Granting of Voluntary Assistance in the mandatory manner is given by the recipient of a volunteer aid recipient.
2. The Treaty on the Granting of Voluntary Care is made in writing.
3. The Volunteer Aid Treaty shall contain:
Description of volunteer assistance (task);
The duration of the volunteer aid process;
The rights and obligations of parties
responsible for causing damage.
{Article 10 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 11. Reimbursement of support for voluntary assistance
1. Volonteram for voluntary activities may be reimbursed by the costs of travel to the territory of Ukraine and abroad within the rules of reimbursement of costs established for public servants and workers of enterprises, institutions and organizations that are fully or partially held (funded) by budget funds.
{First part of the first article 11 of the changes made under the Act No. 246-VIII from 05.03.2015 }
Volunteers can be reimbursed by confirmed documents:
{Paragraph 2 of the second part of the first article 11 with changes under the Act No. 246-VIII from 05.03.2015 }
The cost of travelling (including baggage handling) to volunteer activities;
{Part 1 of article 11 is supplemented by a new paragraph under the Law No. 246-VIII from 05.03.2015 }
Food costs, when volunteering lasts more than 4 hours a day;
The cost of living in the event of a volunteer's departure to another inhabited place for volunteer activities, which will last more than 8 hours;
The costs of postal and telephone services, if the volunteer volunteers outside the location of the volunteer organization;
costs of conducting medical review, vaccination and other treatment and preventive measures, directly related to the provision of volunteer aid.
2. The reimbursement of expenses identified by the first of this article can be carried out by means of funds of state and local budgets-in the event of a contract for voluntary assistance, international programs, or institutions, organizations, with The volunteer took a treaty on the failure of the voluntary activities, and also through other sources of funding not prohibited by legislation.
The cost reimbursement, designated part of the first of this article, is not a volunteer's income and is not a basis for the income tax on the income of the physical person and the only social contribution.
{Part of the second article 11 in the edition of the Law No. 246-VIII from 05.03.2015 }
Article 12. Funding and costs of volunteering activities
1. The provision of funds and other property to provide voluntary activities is carried out in accordance with the legislation.
2. The Organization and institutions involved in their activities are volunteers themselves, and independently identify the use of volunteer funds and other property, except for targeted delivery of funds and other property. Physical or legal entities to implement a particular type of volunteer aid.
{Part of the second article 12 of the changes made under the Act No. 246-VIII from 05.03.2015 }
{Part of the third article 12 is excluded based on the Law of the No. 246-VIII from 05.03.2015 }
4. Volunteers for volunteering are formed in accordance with the legislation.
{Part of Article 12 is excluded based on the Law of the No. 246-VIII from 05.03.2015 }
{Part of the sixth article 12 is excluded based on the Law of the No. 246-VIII from 05.03.2015 }
Article 13. Responsibility for violation of legislation in the field of volunteering
1. Volonters, organizations and institutions that engage in their activities of volunteers, beneficiary of volunteer aid are responsible under the law.
{Paragraph 13 of the changes made under the Act No. 246-VIII from 05.03.2015 }
1. This Act will take effect from the day, the following day by the day of its publication.
2. To make changes to such laws of Ukraine:
Section III, paragraph 2, lost the validity of the Law No. 5073-VI of 05.07.2012 }
2) first part Article 7 of the Law of Ukraine "On insurance" (Ukrainian Supreme Council of Ukraine, 2002, No. 7, pp. 50 of the following changes) to complement paragraph 44 of this content:
"(44) The life insurance and health of volunteers for the period of volunteering assistance";
3) in Laws of Ukraine "On Social Services" (Verkhovna Rada of Ukraine, 2003, No. 45, pp. 358; 2009, No. 38, pp. 535):
Paragraph 1 of article 1 to exclude;
In part of the second word "the activities of which are governed by the appropriate position, which is approved by the Cabinet of Ministers of Ukraine" to exclude;
complementing part of the fourth such content:
"The peculiarities of the volunteer activity in Ukraine are governed by the Law of Ukraine" On volunteering activities ";
4) para. 1 "The final provisions of the Law of Ukraine" On the organization and conduct of the final part of the 2012 European Championship in Ukraine " (The Supreme Soviet of Ukraine, 2009, No. 44, pp. 656) complement the paragraph with other such content:
"Establish that during the period of action this Act, the legal entity authorized by UEFA to take organisational measures and the hosting of the championship, enjoys the rights and duties of the volunteer organization provided by the Law of Ukraine" On Volunteer Law. " Activities ";
5) part of the sixth Article 49 of the Law of Ukraine "On Physical Culture and Sport" (Verkhovna Rada of Ukraine, 2010, No. 7, pp. 50) to exclude.
3. The Cabinet of Ministers of Ukraine for one month since the Act:
To bring their legal and legal acts into compliance with the Act;
Provide a view and abolishment of ministries, other central executive bodies of their normative acts contrary to this Act.
