Publication date: 30.05.2024
Lawyer
The issue of regulating the crossing of the state border of Ukraine by civilian refugees
The armed conflict in eastern Ukraine has forced hundreds of thousands of people to leave their homes and seek refuge in safer regions both inside and outside the country. Regulating the crossing of the state border by civilian refugees is a complex issue that requires careful study. Legal advice is necessary to understand the legal aspects of this process.
Analysis of documents such as the Constitution of Ukraine, laws of Ukraine "On refugees and persons in need of additional or temporary protection", "On the legal status of foreigners and stateless persons", as well as relevant international treaties, allows to determine the legal basis and procedures for regulating the crossing state border by civilian refugees.
According to the articles of the Constitution of Ukraine, freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine are guaranteed to everyone who is legally present in the territory of Ukraine. At the same time, the Constitution establishes that the issues of regulating the entry into and exit from Ukraine of foreigners and stateless persons are determined exclusively by the laws of Ukraine.
The legal conclusion / legal analysis of the situation / written consultation is that Ukraine is obliged to ensure the unimpeded crossing of the state border by civilian refugees fleeing the consequences of the armed conflict, and to provide them with the necessary protection in accordance with national legislation and norms of international law.
A lawyer's legal opinion / legal opinion of a lawyer on this matter may include the following recommendations:
1. To create special checkpoints at the state border for civilian refugees, which will ensure a quick and safe procedure for their crossing.
2. Develop a simplified procedure for registration and identification of civilian refugees arriving on the territory of Ukraine, with the aim of providing them with the appropriate legal status.
3. Ensure unimpeded access to Ukraine for foreign citizens and stateless persons seeking asylum, regardless of the legality of their entry, in accordance with the principle of non-refoulement.
4. Establish cooperation with international organizations, such as UNHCR, to facilitate the border crossing procedure and ensure proper conditions for civilian refugees.
5. Develop special protocols and procedures for vulnerable categories of civilian refugees, such as minors, the disabled, victims of human trafficking and sexual violence.
6. Provide access to legal assistance and interpreters for civilian refugees at all stages of the procedure of crossing the border and obtaining the appropriate legal status.
7. Establish temporary camps or accommodation centers for civilian refugees that will provide for their basic needs during the asylum process.
Effective regulation of the crossing of the state border by civilian refugees is critical for protecting their rights and ensuring security in armed conflict. Ukraine, as a state that has gone through the trials of war, must fulfill its obligations to provide shelter and protection to civilians affected by armed actions.
