60-Day Rule: Can IDPs Lose Their Status Due to Absence from Their Place of Residence
The status of an internally displaced person (IDP) is not an indefinite guarantee and can be lost in cases defined by law. At the same time, the widespread belief about the automatic cancellation of the certificate due to prolonged absence from the place of residence does not correspond to the legislation. This article discusses in which cases the IDP status can be canceled, what risks exist for displaced persons, and how to protect your rights.
Loss of IDP Status: When the Certificate Can Be Canceled and How to Protect Your Rights
Millions of Ukrainians received the status of internally displaced persons after the start of the full-scale war. The IDP certificate provides access to a range of state guarantees, social payments, and support programs. However, in practice, displaced persons often face questions regarding the possible cancellation of this status. The topic of prolonged absence from the actual place of residence causes the most disputes.
Current legislation provides specific cases when the IDP certificate can be revoked or declared invalid. At the same time, the law does not provide for automatic loss of status due to travel or temporary stay elsewhere.
Revocation of the Certificate and Declaring It Invalid: What Is the Difference
The legal status of internally displaced persons is defined by the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons". Grounds for revocation or invalidation of the IDP certificate are provided in Article 12 of this Law. Two different mechanisms for terminating the certificate's validity are defined. The first is revocation of the certificate. The second is declaring the certificate invalid. These procedures have different legal natures and consequences. If the certificate is revoked, it means the person legally obtained the IDP status, but later circumstances arose that terminated the right to it.
If the certificate is declared invalid, it means that false information was submitted during its issuance, and therefore the status is considered to have been obtained unlawfully from the outset. Misunderstanding this difference often causes conflicts between displaced persons and social protection authorities.
In Which Cases Can the IDP Certificate Be Revoked
The list of such grounds is exhaustive. The status can be lost if a person: voluntarily refused the certificate and submitted an appropriate application; returned to the abandoned permanent place of residence; moved abroad for permanent residence; was convicted of certain serious crimes defined by law, including crimes against the foundations of Ukraine's national security, terrorist crimes, or war crimes. The law does not provide other grounds for revocation of the certificate.
When Can the Certificate Be Declared Invalid
A separate ground is the submission of false information. This refers to situations where, during the status registration, the person deliberately provided false information about their place of residence, circumstances of displacement, or other data that influenced the decision. In such cases, the social protection authority may decide to declare the certificate invalid. This effectively means the right to the status was obtained illegally.
Is It Really Possible to Lose Status Due to Absence for More Than 60 Days
This question generates the most myths. The widespread claim that being away from the place of residence for more than 60 days automatically leads to loss of IDP status does not comply with the law. The fact of prolonged absence alone is not a ground for certificate cancellation. However, the law allows social protection authorities to analyze such circumstances.
If absence for more than 60 days gives grounds to believe that the person actually returned to the abandoned place of residence, this can be an argument for revoking the certificate. At the same time, the decisive factor is not the length of absence itself but the establishment of the fact of return.
How to Avoid the Risk of Status Cancellation
If a displaced person knows they will be absent for more than 60 days, they can notify the social protection authority in advance. A written application stating the reasons for absence is submitted. In this case, the permissible absence period can be extended up to 90 days. In practice, this helps avoid many misunderstandings and possible inspections.
When making decisions, social protection authorities may use: information from state registries; results of interagency data exchange; information from other state bodies; other official information sources. Conclusions about the actual place of residence of the person may be based on such data. Each decision must be properly justified.
How the Certificate Cancellation Happens
The decision to revoke or declare the certificate invalid is made by the social protection authority at the place of registration of the displaced person. After the decision is made, the person must be notified within three days. The information is also entered into the Unified Information Database on Internally Displaced Persons. Without the adoption of the relevant decision, the IDP status cannot be considered terminated.
What to Do If the Certificate Is Canceled
If a displaced person considers the decision illegal, they have the right to appeal it. This right is provided by Article 13 of the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons", which allows appealing decisions, actions, or inaction of authorities in court.
Initially, one can file a complaint to a higher social protection authority. If this does not yield results, the person has the right to file a lawsuit in administrative court.
Judicial practice shows that decisions to cancel status are often overturned due to insufficient evidence or procedural violations.
It is worth noting several important points. First, the law does not contain a provision for automatic loss of IDP status after 60 days of absence. Second, the social protection authority must prove the existence of legal grounds for revoking the certificate. Third, any decision on loss of status is formalized by a separate administrative act and can be appealed. Fourth, traveling to another region of Ukraine or abroad does not automatically mean loss of displaced person status.
For IDPs, it is important to understand that status does not depend on every short-term trip or temporary change of location. At the same time, displaced persons should carefully fulfill the obligation to notify social protection authorities about circumstances that may affect their status.
If a prolonged absence is planned, it is better to submit the appropriate application in advance and keep documents confirming the reasons for staying elsewhere. This will help avoid unnecessary inspections and possible disputes with state authorities.
Previously, "Judicial and Legal Newspaper" wrote that a new mechanism for purchasing housing through vouchers and mortgages is planned for IDPs, but with restrictions on resale.
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