What is the problem?
On the night of June 1, 2023, three people, including a 9-year-old child, died in Ukraine's capital, Kyiv, during Russia's rocket attack. Another 11 people received bodily injuries of varying degrees of severity. This time, Ukraine's prosecutor's office started a pre-trial investigation not only on the fact of violation of the laws and customs of war, combined with intentional murder, but also on the fact of official negligence on the part of officials of the medical institution, whose shelter was closed which led to severe consequences. The Kyiv police also started two criminal proceedings: under Part 2 of Art. 367 — official negligence and under Part 3 of Art. 135 of the Criminal Code — abandonment in danger. After all, the husband of one of the victims said that when people wanted to hide from the shelling, the shelter in the hospital was closed. People died from fragments of a Russian rocket that fell on the territory of the hospital.
On June 1, three people were killed in the capital during Russia's rocket attack
This tragedy illustrated the problem of shelter accessibility, which is relevant not only for Kyiv. In November 2022, the OZON Public Monitoring Group launched the National Shelter Monitoring Campaign. As of the end of April, monitoring was completed in seven cities: Kyiv, Lviv, Odesa, Cherkasy, Mykolaiv, Sumy, and Zaporizhzhia. Everywhere observers found problems with the accessibility of the shelters:
- Many shelters were locked.
- A fence blocked the approach to some.
- There were no signs leading to the shelters or information boards at the entrance to the shelters.
For example, 96 shelters were checked in Kyiv. Observers found only 73% of shelters, and the other 27% could not be found at the addresses indicated on the online map.
Entrance to the shelter in the hospital, near which people died on June 1, 2023
"48% of the shelters we checked had 'Shelter' signs with the direction of movement, and 52% did not have such signs," Ivanna Malchevska, coordinator of the OZON Public Monitoring Group, told Rubryka. "This is a big problem because if you are, for example, a guest of the city and you need to run to the shelter in the middle of the night, then you should be able to understand in which direction to move: which side of the house, where is the entrance to the shelter itself."
Likewise, only 48% of the checked shelters in the capital were open, or a person with a key was on site. Instead, the remaining 52% were locked, and no one was there to open them.
In Lviv, out of 43 checked shelters, 31 were found, only 13 had 'SHELTER' signs and only nine shelters were opened. In Mykolaiv, out of 21 checked shelters, it was possible to find only 7. Only one shelter had the direction "SHELTER' signs. Only 2 out of 21 shelters were opened. The basic quality of shelters in all cities — the availability of electricity, toilets, and water supply, is also not as good as it should be.
Why did this happen?
"Kyiv and many other cities do not have a system of control over bomb shelters, over preparation for their use," Oleh Popenko, head of the Union of Utilities Consumers, is convinced. He has emphasized the need for a national civil defense system since 2022.
Popenko shares his work experience as deputy director of the management company of the Darnytskyi district in Kyiv from 2016 to 2019.
"There were bomb shelters on the balance sheet, but no one dealt with them at all. Funds were not allocated for them — neither for repair nor for support. No one needed them. No one did any work. I'm not even talking about basements," says Popenko.
The expert says that the basements were part of his direct area of responsibility, and he tried to understand where the basements are and who is responsible for them but failed — someone was given it as a gift, someone privatized it, and it is unknown who uses this basement, whether there is a shelter there or not.
Ukrainian cities did not do all this work before the start of the full-scale war and, unfortunately, have not done it during it, Popenko believes. "Our local government was completely unprepared, as it turned out that rockets will continue to arrive in the second year of the war," he states sadly.
So who is responsible for the availability and condition of shelters?
"This is the collective responsibility of authorities at different levels (local self-government bodies and local state administrations) and balance-keepers," comments Victoria Onyshchenko, analyst of the Transparent Cities program. This is a program of Transparency International Ukraine, which since 2017 has been making efforts to overcome corruption at the local level and introduce proper practices of transparency and accountability.
According to the Resolution of the Cabinet of Ministers of Ukraine No. 138 dated 10.03.2017, the fund of protective structures (this is the totality of all protective structures) is created, in particular, by local self-government bodies, business entities, Kyiv and Sevastopol city state administrations. At the same time, according to the same resolution, the balance-keepers are responsible for maintaining protective structures in proper condition. Monitoring the readiness of protective structures for their intended use is provided by the State Emergency Service together with the relevant bodies and divisions and local state administrations, the experts of Transparent Cities add.
At the same time, they emphasize: "Those responsible for the shelter situation in Kyiv's Desnianskyi district, which led to the death of people, will be determined by investigative bodies and the court."
What is the solution?
After the tragedy on June 1, in Kyiv and other cities and smaller settlements of Ukraine, they urgently began to check the condition of the shelters. Somewhere they simply published a list of shelters without any details. Somewhere, they called to write complaints about inappropriate shelters in the comments under the post.
By the way, Rubryka recently wrote about how city councils publish shelter information.
Kyiv Mayor Vitaliy Klitschko is checking the shelter of a polyclinic in the Desnianskyi district on June 1, 2023
In Kyiv, the mayor called on residents to join the OZON initiative for public monitoring of shelters. He stated that the capital authorities agreed with the patrol police of Kyiv to monitor the operation of shelters at night.
Roman Tkachuk, director of the Department of Municipal Security of the Kyiv City State Administration, for his part, stated that "today (June 1, 2023 — ed.) by 5:00 p.m., the work schedules of the persons responsible for access to shelters and their guaranteed opening during an air raid should have been formed, according to all municipal institutions of the capital. These are kindergartens, polyclinics, local public utilities offices, and administrative centers."
He also announced that ten mobile groups would be formed with the participation of public activists, which will check the condition of the shelters and the 24-hour unimpeded access of the population to them, regardless of the form of ownership of the building.
In March 2022, this shelter on the premises of the school in the Darnytskyi district was especially crowded
The OZON Public Monitoring Group coordinator, Malchevska, shares that the Kyiv authorities responded to their monitoring earlier: "Approximately two months after the start of monitoring, we publicly said that we could not find 20% of the shelters. The Department of Municipal Security of the Kyiv City State Administration reacted to this. We gave them 25 addresses of shelters that we did not find or where there were serious problems, such as flooding."
Then the Department gave an order for the heads of the districts to inspect the shelters and, for their part, give orders to the balance-keepers of the buildings with shelters to put everything in order: to install signs, to open the shelter, if it is closed, and that 20% were improved, says Malchevska.
The expert also reminds the statement of the head of the Kyiv City Military Administration, Serhiy Popko, which he made on May 17, 2023, that "the tasks for the National Police of Kyiv, the Municipal Guard of the city and all heads of the district administrations were immediately determined. As soon as possible, all shelters in Kyiv must be inspected, all objects to which the civilian population does not have access must be recorded, and the balance-keepers must immediately ensure unhindered access to the protective structures of civil protection."
"This is partially what we sought because public control is a good thing. It's good when people take responsibility for checking shelters, but it still has to be very systematic on the part of the authorities. It cannot be sustained only on the initiative of volunteers and ordinary citizens," says the OZON Public Monitoring Group coordinator.
The President of Ukraine, for his part, said on June 1 that it is the duty of local government representatives, a particular duty — to ensure the availability and accessibilty of shelters 24 hours a day.
Is this really a solution?
Strategic recommendations of experts
Truly comprehensive security solutions must follow political statements. Moreover, they are backed by the funds for implementing these solutions.
It is also important for the organization of high-quality civil protection and the fund of protective structures to improve legislation and create practical algorithms for work during martial law, says Malchevska.
The group has developed strategic recommendations to address problems with the availability and quality of shelters:
- Implementation of revisions to the Law of Ukraine, "On the basic principles of state supervision (control) in the sphere of economic activity," is necessary to provide for the possibility of monitoring the availability of shelters and checking not only the business entity in general but separately — shelters. Based on the inspection results, the preparation of the appropriate inspection report and prescriptions would oblige the balance holder to comply with the requirements for the availability and quality of shelters.
- To improve the work of the bodies responsible for inspection and verification, it is necessary to introduce amendments to the Decree of the Cabinet of Ministers dated 13.03.2022 No. 303 "On the termination of measures of state supervision (control) and state market supervision under martial law," which will allow continuing inspections in the field of organization of civil protection, as it is essential in the conditions of martial law.
- The shelter requirements also require changes (Order of the Ministry of Internal Affairs of Ukraine No. 579 of 07.09.2018 On approval of requirements for the use and accounting of the fund of protective structures of civil protection). Based on the monitoring experience, OZON recommends that the simplest shelters and dual-purpose structures be approved and applied to the same requirements, including the basic survival needs: water supply, air ventilation, sewage, electricity, seating, and two exits.
- Responsibility for non-compliance or violation of norms is important in civil defense. It is necessary to work out the basis, grounds, and options for administrative or criminal liability in such cases.
Popenko, the head of the Union of Utilities Consumers, also insists that to make effective decisions in Kyiv and other cities, it is necessary to analyze the number of people living in each district and micro-district and then overlay maps of people's residences. Consider how long it takes a person to get to the subway, a real shelter. The military should tell this optimal time.
Next, determine where and what shelters are available in the district, and only after this analysis can conclusions be drawn about where to direct people.
This should be worked out in each city separately. The risks of being hit in Chernivtsi and Kharkiv are quite different. Similarly, Zaporizhzhia — the C-300 missiles can get them, there is a different calculation, where to go and how. For example, temporary concrete shelters were built in Dnipro, which is, in principle, a good idea. If someone is outside when an air alarm starts, they can use this concrete shelter. In each case, all this should be calculated and worked out together with the military administration and local self-government bodies comprehensively, Popenko emphasizes.
Who is responsible for arranging the shelter?
The Association of co-owners of apartment buildings (if they have been created) or the management companies with which condominiums conclude cooperation agreements are responsible for arranging simple shelters (basements) in apartment buildings, explains Victoria Onyshchenko, an analyst of the Transparent Cities program.
At the same time, she adds: the local authorities can help citizens to equip shelters through support and co-financing programs. For example, in Vinnytsia, the Podilska hromada community foundation initiated the 'Shelter for life' project, within which condominiums and communal institutions (40 participants) received UAH10,000 in financial assistance. More than UAH 2,000 must be contributed by the initiative's participants.
On whom and how can citizens put pressure if there is no shelter and no one arranges it?
In short, it is the responsibility of the local authorities and heads of institutions, enterprises, and other business entities, advises Onyshchenko.
Thus, in accordance with the provisions of Resolution of the CMU No. 138 dated 10.03.2017, the fund of protective structures is created, in particular, by local self-government bodies, business entities, Kyiv, and Sevastopol city state administrations.
This document also states that the balance-keepers carry out the maintenance of the fund of protective structures. At the same time, if several tenants use the same building simultaneously, they maintain its maintenance per the requirements specified in the contracts with the balance keeper.
How to initiate the construction, arrangement, or inspection of the shelter
Tips from the Transparent Cities program:
- citizens should submit a petition or a written appeal to the local self-government body and the authorized department (municipal security department/communal property management/infrastructure department, etc.) with the demand to convene a special commission that inspects buildings (structures, premises) to establish, whether they can be used for shelter as dual purpose structures or the simplest shelters.
- If the residents know for sure that there are no potential facilities for arranging shelters near their places of residence, work, or study, they should contact the local government with an initiative to build quick-build protective structures during a special period.
- residents within the electoral district should instruct local council representatives to raise issues affecting residents' interests with local authorities, organizations, and their officials and demand their resolution (paragraph 1.3, Article 11 of the Law on the Status of Local Council Deputies). Assignments, in particular, may relate to checking the condition or arranging new shelters;
- employees should form an appeal to the head of the institution, organization, or enterprise with a demand to arrange or equip a shelter with a further appeal to the authority to convene the relevant commission.
How does it work on an individual level?
What to do if the shelter is closed or in poor condition
- First of all, taking care of this issue is necessary not during the air alert but much earlier. Surf the Internet, and find out where the nearest shelter is. Then choose a time during the day and visit it, advises Popenko.
By the way, residents of the capital can find a shelter in the Kyiv Digital application and complain there if it is closed.
Photo: In the latest version of the Kyiv Digital application, maps of shelters are available offline, and it is possible to complain about a closed shelter: you need to select it on the map and press the corresponding button
It is necessary to find out whose premises it is: private or communal. If it is private, then find out who has the keys and who is responsible for the shelter.
If you have found a communal space, contact the utility administrative office and ask the same questions.
2. Then, together with the official representative or independently, inspect the shelter.
3. It is important to record the condition of the shelter in a photo and video, and write down its exact address, recommends Malchevska.
4. Then you should describe the situation inside in writing without evaluative judgments. Be clear: the shelter is locked or open, flooded or not, whether the ceiling is falling. Describe the specific inconveniences of the shelter and give this information to the local authorities (district administration, city council, village head, etc.) via a hotline or as a written/online request. They will be obliged to respond to it.
5. If you see that the shelter is not ready, look for another one within quick access, where you can enter and be more or less comfortable.
6. If there is no shelter, use the rule of two walls at home. Not always, but it will still save a person from death in most cases, says Popenko.
If you find that a shelter is closed already during an air alert
If the civil protection shelter is closed, unsuitable, or in a neglected state, contact the hotlines of city councils and leave a complaint about the problem.
Such algorithms are offered, in particular, by the city councils of Ternopil, Cherkasy, Vinnytsia, and Khmelnytskyi. Citizens can record the fact of limited access to the shelter, problems with heat, electricity, and water supply, lack of signs directing to the shelter, or contacts of the responsible person.
In addition, residents can call the official Ukrainian emergency numbers — the rescuers (101), the police (102), and the utility office of the city or district, as well as send a complaint to the district administrations of the city, experts of the Transparent Cities program advise.
"We emphasize the need for an alternative option for shelter, saved or printed addresses of shelters closest to work or residence because, at the moment of immediate danger, the priority is to save one's life and health. A complaint about a closed or inappropriate shelter can be filed after the alarm is over," says Onyshchenko, the Transparent Cities program analyst.
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