Publication date: 09.07.2024
Legal regulation of asylum in Ukraine
Introduction
The right to asylum is a fundamental human right that provides protection to persons who are forced to flee their country because of persecution, armed conflict or other threats to their life and freedom. In Ukraine, the legal regulation of asylum is based on national legislation and international treaties that define the asylum procedure, rights and obligations of refugees and the state. In this article, we will consider the main principles, regulations and procedures governing the right of asylum in Ukraine, as well as the rights and obligations of asylum seekers.
Basic principles of legal regulation of asylum law
The legal regulation of asylum in Ukraine is based on several basic principles that ensure the effectiveness and stability of the asylum system:
Theprinciple of non-discrimination. Asylum seekers are guaranteed protection from discrimination on the grounds of race, religion, nationality, political opinion or membership in a particular social group.
Theprinciple of non-refoulement. The state does not have the right to expel or return a person to a country where his or her life or freedom is in danger.
Theprinciple of individualized approach. Each asylum application is considered individually, taking into account the applicant's personal circumstances and situation.
Theprinciple of confidentiality. Information provided by asylum seekers is confidential and cannot be disclosed without their consent.
Theprinciple of human rights protection. Asylum seekers have the right to protection of their fundamental rights and freedoms in accordance with international standards.
Main regulatory acts
The legal regulation of asylum in Ukraine is based on a number of normative acts, among which the key ones are
TheConstitution of Ukraine. The Constitution guarantees the right to asylum to persons who are persecuted for their political beliefs and enshrines fundamental human and civil rights and freedoms.
TheLaw of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection". This law defines the legal status of refugees and persons in need of additional or temporary protection, establishes the procedure for granting asylum, and the rights and obligations of these persons.
TheCode of Administrative Procedure of Ukraine. The Code regulates the procedure for consideration of administrative cases, including appeals against decisions on granting or denying asylum.
International treaties and conventions. Ukraine is a party to a number of international treaties governing asylum, including the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.
By-laws and regulations. The Cabinet of Ministers of Ukraine and other executive authorities adopt resolutions and instructions that regulate asylum procedures and the activities of the authorities responsible for processing asylum applications.
Asylum procedure
The asylum procedure in Ukraine includes several main stages:
Submission of an asylumapplication. An asylum seeker must submit an application for refugee status or complementary protection to the State Migration Service of Ukraine (SMS) or to a border guard unit when crossing the state border.
Consideration of the application. The SMS conducts an initial interview with the applicant to determine the circumstances of his or her arrival in Ukraine and the reasons for seeking asylum. The applicant is issued a temporary certificate confirming his/her status during the application consideration.
Decision-making. The SBGS considers an asylum application within six months from the date of its submission. If necessary, this period may be extended, but not for more than three months. After reviewing the application, a decision is made to grant or refuse to grant refugee status or a person in need of complementary protection.
Appealing the decision. In case of refusal to grant asylum, the applicant has the right to appeal this decision to the administrative court within 30 days from the date of receipt of the decision. The court considers the case within a reasonable period of time and decides on the legality of the refusal.
Granting ofasylum. If a positive decision is made, a person is granted refugee status or a person in need of complementary protection and issued a certificate. This person receives the right to reside in Ukraine, social assistance and other rights provided for by law.
Rights and obligations of asylum seekers
Asylum seekers have a number of rights and obligations that ensure their protection and integration into society. The main rights and obligations include:
Rights of asylum seekers
Theright to protection from expulsion. Asylum seekers have the right to protection from expulsion or return to a country where their life or freedom would be threatened.
Theright to residence. Asylum seekers have the right to reside in Ukraine for the period of consideration of their asylum application.
Theright to social assistance. Asylum seekers have the right to social assistance, including housing, food, medical care and other basic needs.
Theright to education. Children of asylum seekers have the right to education in Ukraine on an equal footing with Ukrainian citizens.
Theright to work. Persons who have been granted refugee status or complementary protection have the right to work in Ukraine on an equal footing with Ukrainian citizens.
Responsibilities of asylum seekers
Obligation to complywith the law. Asylum seekers are obliged to comply with the laws of Ukraine, including the rules of migration registration and other regulations.
The obligation to cooperatewith the authorities. Asylum seekers are obliged to cooperate with the authorities during the consideration of their application, provide truthful information and relevant documents.
The obligation to notify of achange of residence. Asylum seekers are obliged to notify the SBGS of any change of residence during the consideration of their application.
Protection of the rights of asylum seekers
The rights of asylum seekers are protected through various legal mechanisms that ensure the proper implementation of asylum legislation. The main ways of protecting rights include:
Administrative protection. Asylum seekers have the right to apply to the State Migration Service and other executive authorities to resolve issues related to their status and living conditions in Ukraine.
Judicialprotection. Asylum seekers have the right to appeal against decisions to deny asylum in an administrative court. Judicial proceedings ensure objectivity and impartiality in dispute resolution.
Assistance from non-governmental organizations. Asylum seekers may apply to non-governmental organizations that provide legal assistance, advice and support in resolving asylum-related issues.
International aspects of legal regulation of asylum law
The legal regulation of asylum law is international in nature, and many states use international standards and best practices in their activities. The main international aspects of asylum law include:
International standards and recommendations. Ukraine is obliged to comply with international standards and recommendations in the field of asylum law, in particular the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as other international treaties and UN resolutions.
International cooperation. Ukraine cooperates with international organizations, such as the United Nations High Commissioner for Refugees (UNHCR), to coordinate efforts and address global asylum issues.
International dispute resolution. International asylum disputes can be resolved through international arbitration or judicial bodies such as the International Court of Justice or the European Court of Human Rights.
Conclusion.
The legal regulation of asylum law in Ukraine is an important tool for ensuring the protection of the rights of persons who are persecuted or threatened in their country and their integration into Ukrainian society. It includes the legal framework, asylum procedures, rights and obligations of asylum seekers, and mechanisms for protecting rights in this area. Effective legal regulation contributes to the enhancement of human rights protection, development of democratic institutions and ensuring a stable legal environment in Ukraine.
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