SOCIAL AND LEGAL ASPECTS OF INTERNALLY DISPLACED PERSONS’ PROTECTION

Nataliya Volodymyrivna MARTOVYTSKA, Julia Anatolyivna SHYSHATSKA

Abstract


Introduction. Today the problem of migrants from Luhansk, Donezk and Crimea is sharp. It requires urgent decision because these people are left unprotected and need assistance.

Purpose. The purpose of the article is to study the regulation as to the protection and assistance to internally displaced persons in Ukraine and analysis of socio and legal framework of IDP protection.

Results. The basis of sources are regulations, including the Law of Ukraine «On the rights and freedom of citizens and legal regime in the temporarily occupied territory of Ukraine», the Law of Ukraine «On protection of rights and freedom of internally displaced persons». Research of practical aspects of migration policy is reflected in the works of home scientists. Central to the process of ensuring the rights of any category of persons is to define the legal status of this category. The legal status of a person – Is the human condition in the legal reality that reflects its (human) actual state of relations with society and the state. This set of subjective rights, legal obligations and legitimate interests of law. Over the years of internally displaced persons’ existing on the territory of Ukraine, there is certainly a positive trend in ensuring their rights. In particular, there appeared appropriate legal regulation, work of state agencies and local governments in this area were organized, database appeared state funds for support to internally displaced persons.

Originality. The article suggests some ways to improve the situation of internally displaced persons. The main are: when building a system of  IDPs assistance, one should consider and study the experience of foreign countries; to harmonize the regulatory framework and agree the provisions of the Law "On the rights and freedoms of internally displaced persons" with the standards of the Cabinet of Ukraine; adopt appropriate laws and regulations that will implement the rights of internally displaced persons, particularly in housing; creation of a separate Ministry or department coordination, which would have guardians, protect the rights and freedoms of citizens who remained in temporarily occupied and annexed territory.

Conclusions. Over the years of internally displaced persons’ existing on the territory of Ukraine, there is certainly a positive trend in ensuring their rights. In particular, there appeared appropriate legal regulation, work of state agencies and local governments in this area were organized, database appeared state funds for support to internally displaced persons. At the same time, a number of issues remain unsolved, regulations are imperfect, and have contradictions and gaps. Overcoming the negative effects of positive potential and the realization of forced internal migration requires concentration of national resources and international donor assistance.


Keywords


internally displaced persons; public policy; state assistance; migrant; legal framework; law of Ukraine.

References


Internal Displacement Statistics in Ukraine. The United Nations High Commissioner for Refugees, 2015. Retrieved from http://bit.ly/1zuL3nH

Research of the needs of internally displaced persons in Ukraine. Labor and Health Social Initiatives, 2015. Retrieved from http://bit.ly/1E0y1Fe

Solodko, A., & Doroniuk, T. «Politics as to Internally Displaced Persons». Retrieved from http://diversipedia.org.ua/sites/default/files/sedos_policy_idps.pdf;

Solodko, A., & Doroniuk, T. «Protection of social and economic rights of internally displaced persons: first aid tasks for Ukraine». Retrieved from http://www.cedos.org.ua/system/attachments/files/ 000/000/045/original/ CSR_IDP.pdf?1400493355 (іn Ukr).

Law of Ukraine «Protection of human rights of Internally displaced persons». Retrieved from http://zakon2.rada.gov.ua (in Ukr.)

Ministry of Social Policy. Information for Displaced Persons. Retrieved from http://www.mlsp.gov.ua/labour/control/uk/publish/article?art_id=169301&cat_id=169302 (in Ukr.)

Balakіreva O. The range of proplems of migrants in Ukraine: assess of situation and needs [Range of problems of internally displaced persons in Ukraine: quick assessment of the situation and needs]. Internally displaced persons: Questions of urgent and medium-term responses: mah. of discussion (9 July 2014) [Internally displaced persons in Ukraine: the matter of urgent and medium-term responses: Mat. round table (July 9, 2014)]. Retrieved from http:// www.uisr.org.ua/news/36/83.html (іn Ukr).

Sheliuk, V. (2001). Social migration: stages, functions and types (Social Migration: Stages, functions, types). Social and political journhal «Perspektive», 3 (15), 45–50 (in Ukr.)

Solodko, A., & Doroniuk, T. (2015). Development of Policy on Internally Displaced Persons in Ukraine (completed with the assistance of Vidrodzhennia International Fund. Kyiv: CEDOS. Retrieved from http://diversipedia.org.ua/sites/default/files/sedos_policy_idps.pdf (in Ukr.)


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