Protection of Rights of Internally Displaced Persons amid Military Aggression in Ukraine

Abstract

This article is devoted to the study of the legal status of internally displaced persons in Ukraine in the context of the full-scale war launched by the russian federation on 24 February 2022. During the study, an analysis of the doctrinal definition of “internally displaced persons” and the rights guaranteed by it in accordance with the current legislation, developed by the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, has been carried out. The article highlights the guiding principles of the international law that should be applied by the states when solving the problem of internal displacement, as well as specific examples of the measures taken by various European countries to solve this problem. Rights of internally displaced persons on right to employment and to receive special housing allowance were analysed as main guaranties. Right to free legal aid was considered as the key point guarantee for ensuring access to justice and protection of rights. Experience of states with similar experience of war (Serbia, Bosnia and Herzegovina, Georgia) were studied. The conclusions focus on the problems of effective implementation of the right of internally displaced persons to free legal aid and summarize the need to improve the effective mechanism of protection of rights of internally displaced persons, which may also be of interest for the European states that sheltered more than 8 million Ukrainians during the war.

Legal Protection of the Right to Freedom and Personal Integrity of the Citizens of Ukraine (Private and Public Aspect)

“…The subject of the research of Burlaka and others (Burlaka, et al, 2023) was the civil legal protection of the population, in particular, socially vulnerable categories of the population -internally displaced persons (evacuees from the zone of active hostilities and occupied territories of Ukraine). The problems of protecting the rights of internally displaced persons were also studied by Izarova and others (Izarova, et al, 2023), in particular, the scientist concluded that creation of alternative extrajudicial legal mechanisms will allow to prevent and settle civil disputes.…”

Legal regulation of labor of internally displaced persons in Ukraine

“…The limited protection of internally displaced per sons of their rights is not compensated even by the cancellation of the fee by the court and the provision of free legal aid. Ac cording to Prytyka Y., et al [10], this requires the creation of alternative outofcourt mechanisms for the settlement of le gal disputes. Unfortunately, Prytyka Y., and others [10] do not specify such mechanisms.…”

“…Ac cording to Prytyka Y., et al [10], this requires the creation of alternative outofcourt mechanisms for the settlement of le gal disputes. Unfortunately, Prytyka Y., and others [10] do not specify such mechanisms. Such a mechanism is proposed in the presented article.…”

“…In the study by Prytyka Y., et al [10], it is stated that the realization of the right of IDPs to equal access to justice is complicated due to at least the difficulty of accepting partici pation of representatives of such an extremely unprotected cat egory of citizens as IDPs in the legal process in the current conditions. The limited protection of internally displaced per sons of their rights is not compensated even by the cancellation of the fee by the court and the provision of free legal aid.…”