Internally displaced persons: theoretical and practical problems
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article studies the issues of social protection of internally displaced persons as a new subject of social security law. The legal basis concerning these individuals is on the way of development. It is established that the Law of Ukraine “On the rights and freedoms of inter- nally displaced persons” became the starting indicator of recognition of a new subject of social security law – internally displaced persons and determining legal regulation. The law contains a definition of internally displaced persons, consolidates rights and obligations, determines the legal status of such persons, guarantees of social protection and so on. Despite the foregoing, there is a number of issues that require legal regulation. First of all: registration for such per- sons, housing issues, employment, financial aid and so on. It is offered to expand the content of points in the application required to obtain a certificate of registration of internally dis- placed persons; to reduce the amount of the payment or to free of payment for a specified peri- od for housing and communal services of certain categories of internally displaced persons, to establish a mechanism of “online” informing of such persons. Classification of IDPs according to legal definition is established. Attention is paid to the possibility of “duality” of the status of internally displaced persons in social security law. The conclusion of the temporary legal status of internally displaced persons is made. The issues that need to be improved to ensure the quality component of social protection of such persons are studied. Having analyzed the current legislation on social protection, we can conclude that in the science of social security law, a new subject appeared – internally displaced person. The newly established legislative basis on social protection of internally displaced persons issues is not perfect and needs some revision. The importance and significance of its study is in the need of scientific cognition, thorough theoretical understanding of the efficiency level and dynam- ics of implementing these norms. In our opinion, for the qualitative improvement of legal reg- ulation of the status of IDPs and their social protection there must be complex interaction of both science and legislator and special competence bodies with voluntary and international organizations.
Authors and Affiliations
Iryna Basova
Keywords
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