Overseas Ukrainians and refugees: correlation of constitutional and legal status

Abstract

It is indicated that in the context of the development of Ukraine as a legal state, the modern development of human rights in Ukraine, the evolution of civil society, the development of the legal status of refugees and Ukrainians abroad, migration processes, the study of the issue of the concept of the constitutional and legal status of Ukrainians abroad is of important practical and theoretical importance.The authors claim that the legal status of refugees is broader than the legal status of ordinary foreigners and stateless persons living on the territory of the state, because refugees enjoy additional rights that other categories of foreigners and stateless persons do not have.It is indicated that the establishment of the foundations of the legal status of refugees by the Constitution of Ukraine also marked the beginning of the process of creating a new type of legal culture of our state and its citizens. At the same time, it is the principles of the legal status of a refugee, being formed outside of the very institution of the constitutional status of refugees, that bring to it the content that causes the need for truly historic changes in our society. Therefore, the growth of scientific interest of constitutionalists in questions of the sources, nature and legal value of the main principles of the constitutional status of refugees is quite natural.It is noted that, without denying either the epistemological or practical value of the approach to understanding and identifying the main principles of the constitutional status of refugees, one cannot fail to notice its one-sidedness, which is a perspective of research in the works of constitutionalist scientists.In addition, it is concluded that modern trends in the development of Ukraine as an independent, democratic and legal state, the need to preserve the unity of the Ukrainian community in the conditions of globalization and modern migration processes, determined the formation and development of the constitutional and legal status of Ukrainians abroad. Ensuring the proper constitutional and legal status of Ukrainians abroad is important for the evolution of the human rights system in Ukraine. The further development of the constitutional and legal status of Ukrainians abroad is promising. Guarantees of the rights of Ukrainians abroad can be divided into economic, political, social, ideological and legal. And the legal (juridical) guarantees of the rights of Ukrainians abroad can be conditionally divided into regulatory and legal guarantees and organizational and legal guarantees.It is noted that the use of positive foreign experience in regulating the constitutional and legal status of Ukrainians abroad under the legislation of their countries of residence can be partially used to improve the constitutional and legal status of Ukrainians abroad under the legislation of Ukraine.