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Flesztag: Ukraine

28 February 2024

The rules under which a Ukrainian citizen with permanent residence in Poland can inherit

On 19 February 2024, the Supreme Court received a legal question (case III CZP 11/24) as to whether a Ukrainian citizen with permanent residence in Poland can inherit under Ukrainian law.

The case originally involved a CJEU judgment (C-21/22) which ruled that EU law does not prohibit the exclusion, on the basis of a bilateral agreement between states, of the application of the law of the country of origin of a foreigner from a non-EU state.

Now, on the basis of the CJEU judgment, the Supreme Court is to decide whether the provisions of the Agreement of 24 May 1993 on Legal Assistance and Legal Relations in Civil and Criminal Matters allow a Ukrainian citizen living on Polish territory to choose the law applicable to the inheritance.
22 February 2024

Availability of assistance to Ukrainian citizens extended formally to 30 June 2024!

On 21 February the Journal of Laws published an Act amending the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine, dated 9 February 2024. Under the new legislation, the temporary protections afforded to Ukrainian citizens in Poland and associated privileges have been extended until 30 June 2024.

The amendment extends facilitations for Ukrainian citizens involving, among others:

  • legal residence in Poland,
  • extending the duration of visas, residence permits and Polish identity documents,
  • undertaking employment based on notifications,
  • implementation of simplified rules for granting temporary residence permits.

In addition, according to a communiqué from the Secretary of State at the Ministry of the Interior and Administrative Affairs, inter-departmental work is already under way on further substantive amendments to the law on assistance to Ukrainian Citizens in connection with the war in Ukraine.

We will keep you updated on further developments.

9 February 2024

The Sejm has adopted an amendment to the Special Law

During today’s session in the Sejm, after the third reading, the latest draft bill on assistance to Ukrainian citizens in connection with the armed conflict in that country was adopted. According to the adopted content of the law, the period of stay recognized in Poland as legal and related privileges for citizens of Ukraine are to be in force until 30 June 2024. This is a marked change from recent announcements of the Ministry of Internal Affairs and Administration about which we wrote several days ago. This is because as recently as last week, representatives of the Ministry announced plans to extend existing provisions under the Special Act until September 2024.

The Sejm’s work on the project was exceptionally brief – the first reading took place on Wednesday, February 7, 2024. The State Secretary in the Ministry of the Internal Affairs , presenting the current amendment project on Wednesday, informed about the ongoing inter-ministerial work on further substantive changes to the law on assistance to Ukrainian citizens in connection with the armed conflict in their country.

We will monitor further developments in the legislative process and will keep you updated on its next stages.