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RIGHTS AND RESPONSIBILITIES OF REFUGEES IN UKRAINE

In modern legal science, in the context of the development of the legal status of refugees in Ukraine and under international law, the study of the rights and responsibilities of refugees in Ukraine is gaining significant practical and theoretical significance in improving the system of protection and protection of refugees’ rights.

For many countries, including for Ukraine, the problem of refugees is becoming more and more urgent.

Increasingly, people who have escaped from human rights abuses in their homeland face new threats to their security already in the countries where they have found refuge from the people of the country who adopted them.

The rights and responsibilities of refugees in Ukraine are defined by the Constitution of Ukraine, the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”, “On the Legal Status of Foreigners and Stateless Persons”, the UN Convention on the Status of Refugees.

According to Art. 26 of the Constitution of Ukraine, foreigners and stateless persons residing in Ukraine on legal grounds enjoy the same rights and freedoms as well as carry the same duties as citizens of Ukraine – with the exceptions established by the Constitution, laws or international treaties of Ukraine .

Persons granted refugee status in Ukraine are foreigners or stateless persons who are legally in Ukraine. Such persons enjoy the same rights and freedoms as well as have the same responsibilities as citizens of Ukraine – with the exceptions established by the Constitution and laws of Ukraine, as well as international agreements, the consent of which is binding on the Verkhovna Rada of Ukraine.

In more detail, the rights and obligations of refugees are specified in the Law of Ukraine “On refugees and persons requiring additional or temporary protection”. Thus, according to Part 1 of Art. 13 of this Law, a person in respect of whom a decision was made to issue documents for resolving the issue of granting refugee status, has the right to:

– temporary employment, training, medical assistance in accordance with the procedure established by the legislation of Ukraine;

– accommodation of relatives, at the hotel, rent of a living quarters or use of accommodation provided at the temporary placement of refugees;

– legal aid.

– confidential correspondence with UNHCR and the right to visit UNHCR staff;

According to Art. 15 of the Law of Ukraine “On refugees and persons requiring additional or temporary protection” a person who has been granted refugee status has equal rights with the citizens of Ukraine:

– movement, free choice of place of residence, free abandonment of the territory of Ukraine, with the exception of restrictions established by law;

– work;

– entrepreneurial activity, which is not prohibited by law;

– health care, medical care and health insurance;

– vacation;

– education

– freedom of world outlook and religion;

– sending of individual or collective written appeals or personal appeal to state authorities, local self-government bodies, officials and officers of these bodies;

– possession, use and disposal of their property, the results of their intellectual, creative activity;

– appeal to the court of decisions, actions or inactivity of state authorities, local self-government bodies, officials and officers;

– a petition concerning the protection of their rights to the Human Rights Ombudsperson of the Verkhovna Rada of Ukraine;

– free legal aid.

In accordance with Part 2 of Art. 13 of the Law of Ukraine “On refugees and persons requiring additional or temporary protection” a person who has been granted refugee status in Ukraine is obliged:

  1. To submit to the central executive body, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, the information necessary to resolve the issue of recognition as a refugee or a person who needs additional protection.
  2. To go to a designated place of temporary residence in case of receipt of a central executive authority that implements state policy in the field of refugees and persons who need additional or temporary protection;
  3. To undergo a medical examination at the request of the central executive authority, which implements state policy in the field of refugees and persons requiring additional or temporary protection;
  4. Appeal to the central executive body, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, within the term determined by him;
  5. To inform the central executive body, which implements the state policy in the field of refugees and persons who need additional or temporary protection, about their trips outside the administrative-territorial unit of Ukraine, on which territory she resides.

Consequently, the rights and obligations of refugees in Ukrainian legislation are properly documented in accordance with international legal standards, and the main problem in modern Ukraine is compliance with the legislation on the rights of refugees. Often, this category of individuals faces difficulties in registering at the place of residence, obtaining a permanent or temporary residence, and employment at a new place of residence. There are difficulties with medical care and pension provision. Therefore, further improvement of the current legislation should be aimed not only at the specification of certain provisions in the legislation, but to strengthen the guarantees of refugee status.

Thus, in the field of rights and obligations of refugees in Ukraine, there are still a number of problems, in particular: the lack of a concept of migration policy in Ukraine; uniform approaches to granting refugee status to forced migrants from the same region; imperfect infrastructure of temporary accommodation facilities for refugees in Ukraine; the need to improve the guarantees of the implementation of the rights of refugees in Ukraine.

The main prospects for the development of the rights and responsibilities of refugees in Ukraine should be to improve the guarantees of the implementation of the rights of refugees; improvement of the mechanism of protection of their rights; extension of rights and responsibilities; the implementation in national legislation of the leading international standards in this area.

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