Publication date: 15.07.2024
Protection of foreigners' rights in Ukraine: court practice
Introduction
Ukraine, as a sovereign state, seeks to ensure the protection of the rights of all persons on its territory, including foreigners. The protection of foreigners' rights is an important aspect of Ukraine's legal system and is regulated by both national legislation and international treaties ratified by Ukraine. Judicial practice plays a key role in ensuring the rights of foreigners, acting as a mechanism for restoring violated rights and shaping law enforcement practice. In this article, we will consider the main aspects of judicial protection of foreigners' rights in Ukraine, including legal status, labour rights, social protection, the right to housing, education, protection against discrimination and human rights.
Legal status of foreigners in Ukraine
Ukrainian legislation guarantees foreigners the same rights and freedoms as Ukrainian citizens, with the exceptions provided for by the Constitution and laws of Ukraine. The main acts regulating the legal status of foreigners include the Constitution of Ukraine, the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", the Law of Ukraine "On Immigration", the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection", as well as international treaties to which Ukraine is a party. These acts define the fundamental rights and obligations of foreigners, the procedure for obtaining residence and work permits, and the mechanisms for protecting their rights.
Court practice in the field of protection of foreigners' rights
Recognition and granting of refugee status
One of the most important categories of court cases concerning the protection of foreigners' rights is cases on recognition of refugee status. Ukrainian courts often consider claims in which foreigners challenge the decision of the State Migration Service to refuse to grant refugee status. In such cases, the courts analyse whether the applicants are actually being persecuted in their home countries on the grounds of race, religion, nationality, membership of a particular social group or political opinion. For example, in refugee status cases, courts may take into account information on the human rights situation in the applicant's country of origin, witness statements and other evidence.
Labour rights
Case law in the area of labour rights of foreigners includes cases of unlawful dismissal, non-payment of wages, discrimination in the workplace and violation of working conditions. Under Ukrainian law, foreigners have the same labour rights as Ukrainian citizens. For example, in a case of unlawful dismissal of a foreigner, the court may order the employer to reinstate the employee, pay wages for the period of forced absence and compensate for moral damages.
Social protection
Social protection for foreigners in Ukraine includes health insurance, social benefits, unemployment benefits and other forms of social support. Case law shows numerous cases where foreigners have challenged denials of social benefits or medical services. For example, courts may consider cases concerning the right of foreigners to receive maternity benefits, temporary disability benefits and other social benefits.
Right to housing
Foreigners have the right to housing in Ukraine on equal terms with citizens. The court practice includes consideration of cases related to housing lease, eviction, and enforcement of property rights to housing. For example, in cases of unlawful eviction of foreigners from rented housing, the courts may declare the actions of landlords unlawful and order them to restore the violated rights of tenants.
Right to education
Foreigners have the right to education in Ukraine, including pre-school, general secondary, vocational and higher education. Case law includes cases where foreigners have challenged refusals to admit them to educational institutions or discriminatory conditions of education. Court decisions help ensure equal access to education for all foreigners, regardless of their legal status.
Protection against discrimination
Ukrainian law prohibits discrimination based on race, skin colour, ethnic origin, religion, gender, political beliefs or other characteristics. The court practice includes cases of discrimination against foreigners in various areas of life, including employment, education, medical services and others. For example, in cases of discrimination in the workplace, the courts may order employers to eliminate discriminatory working conditions and compensate employees for non-pecuniary damage.
Ensuring human rights
The court practice in the area of human rights protection of foreigners includes consideration of cases on violation of the rights to liberty, security of person, fair trial, protection from torture, inhuman or degrading treatment. For example, the courts consider cases of illegal detention of foreigners, violations of rights during their stay in temporary detention centres or denial of access to a lawyer.
Examples of court cases
Case of refusal to grant refugee status
In this case, the foreigner appealed against the decision of the State Migration Service to refuse to grant him refugee status. Having examined the evidence, including the applicant's testimony and information about the situation in his country of origin, the court decided that the applicant was indeed being persecuted because of his nationality. The court upheld the applicant's claim and ordered the SMS to grant him refugee status.
Case of unlawful dismissal of a foreign employee
In this case, a foreigner challenged his dismissal, claiming that it was carried out without proper justification and in violation of labour law. The court, having examined the circumstances of the case, including documents relating to the labour relations between the parties, found the dismissal unlawful and ordered the employer to reinstate the employee in his position and pay him wages for the period of forced absence.
A case of discrimination in the workplace
In this case, a foreigner filed a lawsuit against the employer, claiming that he was discriminated against because of his nationality, which was expressed in unequal pay and working conditions compared to Ukrainian citizens. The court, having examined the evidence, including the testimony of the applicant's colleagues and documents relating to salary and working conditions, found that the discrimination had taken place and ordered the employer to eliminate the discriminatory conditions and pay compensation for non-pecuniary damage to the applicant.
Conclusion.
Protection of foreigners' rights in Ukraine is an important component of the legal system aimed at ensuring equality and non-discrimination. Case law in this area plays a key role in restoring violated rights and shaping law enforcement practice. Ukrainian legislation and the country's international obligations are aimed at ensuring legal protection of foreigners in various spheres of life. An important component is the further improvement of legislation and its application practice to ensure effective protection of the rights of all foreigners staying in Ukraine.
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