1. Which laws apply to opening care homes?

There are no specific rules for private legal entities or individuals opening care homes. 

The opening and operation of residential care facilities, geriatric pensions or specialized buildings either by the state or municipal authorities is regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated 31 January 2007 and the Order of the Ministry of Labour and Social Policy of Ukraine No. 549 dated 29 December 2001. The Law of Ukraine “On Basic Principles of Social Protection for Labour Veterans and other Elderly Citizens” provides for the right of elderly citizens to social aid rendered by care homes operated by state or municipal authorities (“state” run homes). 

2. Is the care home operator required to have a presence in the local jurisdiction?

Yes. A local presence is required.

Residential care facilities, geriatric pensions and specialised institutions of “state” run homes must be established in the form of a legal entity. A private investor may either establish a legal entity or obtain the status of an individual entrepreneur.

4. How are the governing bodies of the care home regulated? 

The governing body in the “state” run homes is a director, appointed by the state authorities (the Regional State Administration, the Kyiv or Sevastopol City State Administration). A culture and household commission must be established in a state-owned care home to facilitate the director’s activities.

There are no specific requirements for management bodies of private care homes. But should the private care homes be established in the form of commercial company management bodies in such homes should be established in compliance with Ukrainian corporate legislation (i.e. director of board of directors as executive body, general meetings of participants/shareholders, as supreme body of the company).

5. Is a concession or approval by any regulatory authority required to open a care home?

State owned residential care facilities can be established only based on a decision of the state authorities (the Regional State Administration, the Kyiv or Sevastopol City State Administration).

Specialised buildings for elderly people can be established only based on a decision of the municipal authorities.

In relation to private undertakings, no concession is required to open a care home. Private legal entities and individuals should:

  • obey the sanitary requirements;
  • comply with the state construction standards;
  • satisfy the fire-safety requirements of the State Emergency Service of Ukraine;
  • obtain a medical licence or ensure that the employed or contracted medical personnel have relevant licences, if medical treatment services are to be provided by a care home;
  • ensure compliance with other requirements, such as nutrition for patients, equipment, medical inspection of a care home’s personnel, etc.

The exact list of requirements depends considerably on a care home’s type, size, etc.

6. Is a care home restricted in the performance of activities on the local market?

There is no such restriction for entities or individuals who open private care homes. In practice, such undertakings often carry out other business activities.

However, the governing bodies of ”state” run homes are required to perform only activities that relate to care services.

7. Are there any restrictions on how care homes may use their profits?

No.

8. Does the government provide any type of subsidy?

Currently, no.

9. Is there a supervisory authority in relation to the activities of the care home?

The Ukrainian Ministry of Social Policy, as well as other specially authorised bodies, supervise the activities of residential care facilities.

Municipal authorities and local state administrations oversee activities of specialised buildings regarding compliance with the legislative requirements.

Ukrainian law does not provide authorities to supervise private care homes.

10. What is the number of inhabitants?

44,622,516 as of 2018 (source World Bank)

11. What is the number of inhabitants older than 65 (in %)?

16.435% as of 2018 (source World Bank)

12. What is the number of care homes?

284 as of 2018

13. Is there a waiting list?

Up to 2 months

14. What institutions regulate and monitor the health and social care services?

N/A