Publication date: 08.07.2024
Legal regulation of refugee status
The problem of refugees is one of the most pressing in the modern world. Millions of people are forced to leave their homes due to wars, violence, persecution and other extraordinary circumstances. Legal regulation of the refugee status is essential to ensure their rights and integration into a new society. In this article, we will review the main aspects of legal regulation of refugee status in Ukraine, including international and national legislation, the procedure for obtaining refugee status, and the rights and obligations of refugees.
International legal regulation
The 1951 Convention relating to the Status of Refugees
The main international document regulating the status of refugees is the 1951 Refugee Convention. This document defines the concept of a refugee, the basic rights and obligations of refugees, as well as the obligations of states to protect them.
According to the Convention, a refugee is a person who:
- Is outside his or her country of nationality or habitual residence.
- Is unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion.
Protocol of 1967
The 1967 Protocol to the Convention relating to the Status of Refugees expanded its scope by removing the time and geographical restrictions contained in the 1951 Convention. Thus, the Protocol made it possible to apply the principles of the Convention to all refugees regardless of the time and place of their displacement.
Other international documents
In addition to the Convention and the Protocol, there are a number of other international instruments governing refugee rights. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and others.
National legal regulation
In Ukraine, the legal regulation of refugee status is based on international obligations and national legislation. The main legal acts are:
- TheLaw of Ukraine "On Refugees and Persons in Need of Complementary or Temporary Protection " - the main law defining the procedure for granting refugee status, rights and obligations of refugees.
- Constitution of Ukraine - enshrines fundamental human rights and freedoms, including the right to asylum.
- Civil Code of Ukraine - contains provisions on transactions that can be concluded by refugees.
- TheCode of Administrative Procedure of Ukraine - regulates the procedure for appealing decisions on granting refugee status.
The procedure for obtaining refugee status
The procedure for obtaining refugee status in Ukraine includes several stages:
- Submission of an application - an asylum seeker must submit an application to the State Migration Service of Ukraine (SMS) for refugee status. The application may be submitted both on the territory of Ukraine and at the border upon entry.
- Consideration of the application - the SMS verifies the application, collects additional information and conducts an interview with the applicant.
- Decision-making - based on the information collected, the SMSU makes a decision to grant or refuse refugee status. In case of refusal, the applicant has the right to appeal the decision in an administrative court.
- Obtaining documents - in case of a positive decision, the applicant receives the relevant documents confirming his/her refugee status in Ukraine.
Rights and obligations of refugees
Refugee rights
Refugees in Ukraine have the right to:
- Asylum - the right to protection and assistance from the state.
- Medical care - the right to receive medical services on an equal basis with Ukrainian citizens.
- Education - the right to access education, including primary, secondary and higher education.
- Employment - the right to employment on an equal basis with citizens of Ukraine.
- Social security - the right to receive social assistance and other types of social security.
- Freedom of movement - the right to move freely within the territory of Ukraine and to choose a place of residence.
- Protection from discrimination - the right to protection from any form of discrimination based on refugee status.
Refugees' obligations
Refugees in Ukraine are obliged to:
- Comply with thelegislation of Ukraine - comply with all laws and regulations in force on the territory of Ukraine.
- Report changes of place of residence - inform the State Migration Service of any changes of place of residence.
- Facilitateintegration - participate in integration programs conducted by government agencies and NGOs.
Protection of refugee rights
Administrative protection
The SMS and other state authorities provide administrative protection of refugees' rights. This includes:
- Complaint handling - receiving and reviewing refugees' complaints about violations of their rights.
- Supervision over theobservance of rights - conducting inspections and monitoring of refugees' living conditions.
- Assistance - providing refugees with the necessary assistance, including medical, social and legal aid.
Judicial protection
Refugees have the right to judicial protection of their rights. This includes the possibility of:
- Appealingdecisions - appealing against decisions of the State Migration Service of Ukraine on refusal to grant refugee status or other decisions that violate their rights.
- Filinglawsuits - filing lawsuits in court to protect their rights and compensate for damages in case of violation.
International protection
Ukraine cooperates with international organizations, such as the United Nations High Commissioner for Refugees (UNHCR), to ensure the protection of refugees' rights. This includes:
- Information exchange - sharing information about the situation of refugees and coordinating actions to protect them.
- Financial and technical assistance - obtaining financial and technical assistance to implement refugee protection programs.
- International monitoring - participation in international programs to monitor the observance of refugee rights.
Challenges and prospects
Challenges
Ukraine faces a number of challenges in the field of refugee protection:
- Lack of resources - limited financial and material resources to ensure adequate protection of refugees.
- Bureaucracy - complex and lengthy procedures for obtaining refugee status.
- Discrimination - cases of discrimination and xenophobia against refugees by the local population.
- Unstable political situation - internal conflicts and political instability that complicate the work of state authorities on refugee issues.
Prospects.
To improve the protection of refugee rights in Ukraine, it is necessary to:
- Improvinglegislation - improving the legal framework for more effective protection of refugee rights.
- Strengthening institutions - improving the efficiency of government agencies dealing with refugee issues.
- Refugee integration - development and implementation of programs for the integration of refugees into local communities, including access to education, healthcare and employment.
- Awareness raising - conducting information campaigns to raise public awareness of refugee rights and prevent discrimination.
Conclusions.
Legal regulation of the refugee status in Ukraine is an important component of human rights protection and fulfillment of international obligations. Improving legislation, increasing the efficiency of government agencies, and developing refugee integration programs are key factors that will contribute to improving the refugee situation in Ukraine. International cooperation and support also play an important role in ensuring proper protection of refugees' rights.
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