As you know, on March 16, 2024, the Procedure for the use of funds provided for in the state budget for compensation for the humanitarian demining of agricultural land, approved by Resolution of the Cabinet of Ministers of Ukraine No. 284 as of March 12, 2024 (hereinafter referred to as Procedure No. 284), came into force.

This Procedure defines the mechanism of reimbursement of expenses for humanitarian demining of agricultural land. The Procedure determined the possibility of applying for compensation for demining to be carried out by farmers. At the same time, agricultural producers who had already carried out land demining before the Procedure came into force were deprived of the opportunity to receive partial reimbursement of the cost of the expenses incurred.

On May 17, 2024, the Cabinet of Ministers of Ukraine adopted amendments to the mentioned Procedure (Resolution No. 580), which stipulates that both agricultural producers who plan to start demining agricultural land and farmers whose land has already been de-mined by certified mine action operators in the period from February 24, 2022 to April 15, 2024 are entitled to compensation.

The relevant amendments were developed with the participation of experts from the UAC, which, with the support of the USAID Agriculture Growing Rural Opportunities Activity in Ukraine (AGRO) is implementing the project “Supporting agricultural MSMEs affected by active hostilities or Russia’s temporary occupation”.

According to the new Procedure, legal entities regardless of their legal form or individual entrepreneurs who produce marketable agricultural products on land plots owned and/or used by them are now entitled to compensation for humanitarian demining of agricultural land.

After the Resolution enters into force, farmers whose land was cleared by certified operators between the beginning of the full-scale invasion and April 15, 2024, may apply for compensation for the cost of demining.

To do this, they need to fill out an application for compensation and send it to the email address of the Humanitarian Demining Center, attaching copies of documents confirming the fact of demining: a contract for the provision of demining services, an act of services rendered, a document confirming the payment for the services provided (in the period until April 15, 2024).

The Humanitarian Demining Center checks the documents, compiles a list of farmers who meet the requirements, and sends the documents to the Commission under the Ministry of Economy, which makes the final decision.

As before, those farmers who are only planning to demine the land where they work can submit applications and supporting documents for compensation through the State Agrarian Register. The cost of demining will be determined at an open auction.

It is also important to note that the amendments to the Resolution provide for the possibility of providing compensation to agricultural producers for humanitarian demining of agricultural land located in the territories included in the list of territories where military operations are being (were) conducted or temporarily occupied by the Russian Federation, approved by the Ministry of Reintegration, namely:

• possible hostilities (for which the date of termination of the possibility of hostilities is determined or not determined);
• active hostilities (for which the date of completion of hostilities is determined);
• active hostilities in which the state electronic information resources are functioning (for which the date of completion of hostilities is determined or not determined);
• the territories of Ukraine temporarily occupied by the Russian Federation (for which the date of termination of the temporary occupation has been determined).

We remind that the UAC, with the support of the USAID Agriculture Growing Rural Opportunities Activity in Ukraine (AGRO), is implementing a joint project to provide legal and other expert support to agricultural producers affected by hostilities or temporary occupation by the Russian Federation.

Thanks to the project, affected agricultural producers will receive individualized advice on land, agrarian, tax legislation, etc. For prompt legal support, please contact the hotline at +38 067 503 19 08.