PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS

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Galyna YUROVSKA,

Deputy Head of the Department of the National School of Judges of Ukraine, Judge of the High Specialized Court of Ukraine for Civil and Criminal Cases in Retirement, Candidate of Law Sciences

 

Oleksandr ZDEBSKY,

senior researcher at the National School of Judges of Ukraine

 

PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS

 

The article is focused on the range of issues associated with the protection of rights of internally displaces persons, resulting from a multitude of challenges faced by Ukraine, stemming from the annexation of the Autonomous Republic of the Crimea and combat operations in the eastern part of the country. The issue of the protection of rights of persons who migrate within the bounders of the country resulting from military conflicts and violence is becoming very topical.

In view of the significant losses in the level of material wellbeing, these persons are in need of protection and special attention from the state. The first step of the legislator to resolve the legal status of internally displaced persons was the adoption in October 2014 of the Law of Ukraine “On the Rights and Freedoms of Internally Displaced Persons”, which sets out guarantees of rights and freedoms for such persons. According to the law, an internally displaced person is a citizen of Ukraine, who is permanently residing in Ukraine, and who is forced to leave or who has left permament residence of his or her own will in order to avoid the negative effects of armed conflict, the temporary occupation, widespread violence, massive human rights violations or emergencies of natural or manmade nature. Having difficulties with the restoration of documents and obtaining supporting certificates, the IDPs individuals have problems with registration and employment. The authors highlight the issues related to the recovery of appropriate documents in court. There are still unresolved issues related to the implementation of the electoral rights of internally displaced persons. The state should ensure the allocation of sufficient resources, including financial support, to aid social adaptation and reintegration of citizens of Ukraine who moved from the temporarily occupied territories of Ukraine and areas affected by the antiterrorist operations to other parts of Ukraine.

Key words: protection of rights, internally displaced persons, inheritance law, United Nations High Commissioner for Refugees, Law of Ukraine “On the Rights and Freedoms of Internally Displaced Persons”.

 

References

Internally Displaced people. URL: http://www.unhcr.org/pages/49c3646c146.html.[engl.]

Zakharov B. Rights of internally displaced persons. URL: http://helsinki.org.ua/ prava-vnutrishno-peremischenyh-osib-b-zaharov /. [ukr.]

Judgment of the European Court of Human Rights CASE OF MOZER v. THE REPUBLIC OF MOLDOVA AND RUSSIA. URL: http://hudoc.echr.coe.int/eng?i=001-161055. [engl.]

Decision of the Popasna District Court of the Luhansk Region of February 24, 2016. URL: http://reyestr.court.gov.ua/Review/56177713. [ukr.]

The Ministry of Justice showed statistics on the issuance of documents for residents of the occupied territories. Judicial and legal newspaper. 12/21/2016 URL: http://sud.ua/news/2016/12/21/98822-v-minyuste-pokazali-statistiky-vidachi-dokymentov-dlya-zhitelej-okkypirovannikh-territorij.[ukr.]

Internally displaced persons have found themselves in difficult life situations. One of the common problems faced by IDPs is inheritance issues. News of Zinkivshchyna. 08/08/2016 URL: http://www.zinkiv.org/vnutrishno-peremishheni-osobi-opinilis-u-skladnih-zhittyevih-situatsiyah-odniyeyu-iz-poshirenih-problem-z-yakoyu-stikayutsya-vpo-ye-pitannya-oformlennya- spadshhini /. [ukr.]

Bezzub I. Suffrage rights of internally displaced persons: opinions and assessments of experts / Center for Social Communications Research NBUV. 2015. URL: http://nbuviap.gov.ua/index.php?option=com_content&view=article&id=1578:viborchi-prava-vnutrishno-peremishchenikh-osib-dumki-ta-otsinki-ekspertiv&catid=8&Itemid=350. [ukr.]

Without the right to vote / People's Correspondent. 11/29/2016 URL: http://nk.org.ua/ukraina/bez-prava-na-golos-80091. [ukr.]