A/HRC/40/CRP.3 33. On a separate note, OHCHR observed that IDPs, among them persons with disabilities, residing in collective centres29 in Odesa, Sviatohirsk and Zhytomyr, experience frequent interruptions of adequate heating. 3. Right to social security and social protection 34. OHCHR regrets the absence of changes in Government policy that links payment of social benefits, in particular pensions, with the need to register as an IDP, which would result in inability of Ukrainian citizens to access their fundamental social and economic rights on an equal basis, especially as pensions are recognized as a form of property. 35. Despite three Supreme Court decisions, 30 issued over the past six months, ordering the restoration of rights to pensions and social entitlements, the Government continues to link access to pensions with IDP registration. 36. OHCHR positively notes that national courts followed the Supreme Court’s judgment in an “exemplary case,” restoring pension rights of an IDP. 31 Since the judgement entered into force in September 2018, national courts have issued over 450 rulings in favour of IDPs between October and December 2018.32 Despite the general court practice on this issue, OHCHR regrets that the Government has so far failed to execute the court rulings, in violation of Ukrainian law. 37. In accordance with a July 2018 ruling of the Kyiv Appellate Administrative Court33 that invalidated certain provisions of the Cabinet of Ministers Resolutions no. 365 and 637,34 authorities can no longer carry out home visits for residence verification of IDPs and suspend pension payments on these grounds, when an individual is not found to be in residence. Reports indicate, however, that the practice continues. On 20 December 2018, the Supreme Court upheld the appellate court decision.35 Welcoming this final ruling, OHCHR reiterates that the Government should review its IDP policy more broadly to ensure equal access to pensions regardless of place of residence or IDP registration. 38. In another positive development, the Government adopted a state programme on physical, medical and psychological rehabilitation, and social and professional readaptation of veterans of the armed conflict in eastern Ukraine. 36 This followed the establishment of the dedicated Ministry for Veterans Affairs in November.37 39. In accordance with the law “On particular aspects of public policy aimed at safeguarding the sovereignty of Ukraine over the temporarily occupied territory of the 29 30 31 32 33 34 35 36 37 12 OHCHR monitoring in Odesa, Sviatohirsk and Zhytomyr. See OHCHR Report on the human rights situation in Ukraine, 16 August - 15 November 2018, paras. 37-39. Ibid, para. 37. According to NGO Right to Protection (R2P), there were about 60 positive court rulings during each quarter of 2018. This is more than a 65 per cent increase in comparison to each quarter in 2017. Overall, national courts issued about 550 positive decisions regarding applications submitted in 2018. The Kyiv Appellate Administrative Court judgment of 4 July 2018, case no. 826/12123/16, available at http://reyestr.court.gov.ua/Review/78808062. See OHCHR Report on the human rights situation in Ukraine, 16 May - 15 August 2018, para. 39. The ruling rendered inactive the following provisions of Cabinet of Ministers Resolutions no. 365 and 637: the Procedure for exercising control over the payment of social benefits to internally displaced persons at the place of their actual residence/stay and paras. 7-9, 13 of the Procedure for allocation (renewal) of social benefits to internally displaced persons, approved by Cabinet of Ministers Resolution no. 365; as well as para. 1(10) of Cabinet of Ministers Resolution no. 637. Administrative Chamber of the Supreme Court, judgment of 20 December 2018 case no. 826/12123/16, available at http://reyestr.court.gov.ua/Review/78808062. Cabinet of Ministers Resolution no. 1021 of 5 December 2018 ‘On approval of the State Target Programme on physical, medical and psychological rehabilitation and social and professional readaptation of participants of the anti-terrorist operation and persons taking part in the measures on ensuring the national security and defence, the containment and deterrence of the armed aggression of the Russian Federation in Donetsk and Luhansk regions, for the period until 2022’. Cabinet of Ministers Resolution no. 986 of 28 November 2018 ‘Issues regarding the activity of the Ministry for Veterans Affairs of Ukraine’.