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THE REGULATORY AND LEGAL PROTECTION OF THE RIGHTS OF REFUGEES AND PERSONS IN NEED OF ADDITIONAL OR TEMPORARY PROTECTION IN UKRAINE AND EU COUNTRIES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 72)

Publication Date:

Authors : ; ;

Page : 27-34

Keywords : refugees; refugee status; protection of refugee rights; additional and temporary protection; migration; migration policy; EU legislation; human rights; public authorities; control;

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Abstract

The article is devoted to the analysis of the national legal system and its subsystems, the legal system of the European Union and the requirements of international legal norms and standards regarding the protection of the rights of refugees and persons in need of additional or temporary protection. It is pointed out that the war in Ukraine, which was unleashed by the Russian Federation, provoked the largest violations of human rights, which caused mass deaths, destruction, suffering and migration of the population. Ukraine faced the issue of working out mechanisms that correspond to international norms, conventions and agreements, and are required in terms of joining the European Union. It is noted that the existing experience of legal regulation of migration activities shows that Ukrainian legislation on refugees to some extent complies with international law, but is insufficient to solve many specific problems. For example, Ukrainian legislation on refugees and persons in need of additional or temporary protection does not contain provisions that would create obstacles to the recognition of their temporary status. In addition, if such persons illegally crossed the state border for one reason or another and applied for refugee status in a timely manner to the relevant state authorities, they are discharged from administrative responsibility. At the same time, taking into account the recommendations of the 1951 Convention relating to the Status of Refugees, it is advisable to improve the systems of state assistance and control over the rights and obligations of refugees through implementation into national legislation, which in turn will lead to the elimination of contradictions and uniformity of legal regulation of migration processes into a single European refugee protection system. The best way to solve this problem in accordance with European standards of refugee protection is to return them to their historical homeland. However, the war in Ukraine is dragging on indefinitely, and this, in turn, will require new, more long-term decisions by EU countries that accept refugees. It is concluded that international treaties are the main legal source of the refugee rights institution, which directly regulate and contain specific provisions defining the status of refugees. However, in addition to international law, the legislation of the host countries is also of great importance for solving the problems of refugees. Therefore, today, countries need to regulate migration properly in the legal field rather than fight it. Accordingly, Ukraine's aspiration to join the EU requires building the state on the basis of generally accepted European principles, among which the leading place is occupied by the formation of migration policy on the same principles as those applied in the EU, as well as cooperation in this area through the provision of legal, technical, financial, and informational assistance, which significantly contributed to the development of migration legislation and the development of relevant executive bodies.

Last modified: 2024-04-17 00:29:38