МІЖНAРОДНІ CТAНДAРТИ ТA ПРAКТИКA УКРAЇНИ ЩОДО ЗAХИCТУ ПРAВ ВНУТРІШНЬО ПЕРЕМІЩЕНИХ ОCІБ

Main Authors: Бaлуєвa О.В., Cкaчковa Т.Ю.
Format: Article eJournal
Bahasa: ukr
Terbitan: , 2018
Subjects:
law
Online Access: https://zenodo.org/record/2634439
Daftar Isi:
  • The international community has begun to use its resources to obtain information on internally displaced persons and to protect their rights from the early 90s of the 20th century. The result of this activity is the unifying document, which states that the principles and provisions of the State on the protection of internally displaced persons are in compliance with the principles set out in the 1998 Guidelines on the Movement of Persons Belonging to the Creatures, developed by the Organization of the United Nations. Since the year 2014, in the country, almost two million people were forced to leave their homes in the interim area of occupied territory and in the territory of the ATO. This article provides a detailed legal analysis of certain provisions of the UN’s Guiding Principles on Internal Displacement and examines their comparison with the norms of Ukrainian legislation on the rights of internally displaced people. On the basis of the conducted research there has been determined provisions of Guiding Principles which are not reflected in Ukrainian legislation and therefore which changes are needed to be implemented to Ukrainian legislation “On the rights and freedoms of internally displaced people”, Issues related to the practice of Ukraine regarding the protection of the rights of internally displaced persons are covered. In the context of the socio-economic development of territories, the legal framework for the protection of the rights of internally displaced persons in Ukraine is satisfied at the appropriate level, although this concept is sufficiently new for our country. But despite such a positive fact, in practice there are a number of important issues that remain unresolved, in particular: discrimination against HBO due to shortcomings in legislative and regulatory acts and administrative practices, housing and employment problems. Therefore, the accumulated practice of the European Court of Human Rights, the recommendations of the Parliamentary Assembly of the Council of Europe, the Committee of Mincetres of Europe, will facilitate the removal of human rights of internally displaced persons, in this way, with international, non-national, regional partners and local communities.