The legal framework on internally displaced persons in Ukraine
Journal Title: Адміністративне право і процес - Year 2016, Vol 2, Issue
Abstract
The article reveals the system of acts that form the framework for legal protection of internally displaced persons as a special category of concern in Ukraine. The author analyzes history, classification, and structure of national legislation on IDPs. So the legislation in this sphere can be divided into 3 branches which address: 1) Chernobyl victims (United Nations resolutions (1992, 1997, 1999, 2001, 2003, 2005, 2007), treaty of International Atomic Energy Agency (IAEA) on the Chernobyl accident that occurred on 26 April 1986, law "On the status and social protection of the citizens who suffered as a result of the Chernobyl catastrophe", national Chernobyl recovery and development programs (the last one was finished in 2013), acts of the Cabinet of Ministers and other ministries); 2) persons aggrieved by floods in western regions of Ukraine (The code of civil protection, acts of the government and local bylaws), 3) people who were forced to move from Crimea and Eastern Ukraine in 2014 (the Law “On ensuring of rights and freedoms of internally displaced persons” (dated 20.10.14) and connected with it resolutions of the executive branch and municipalities). As a result, the author concludes, that some important issues remain unresolved as any government faced with such a rapid and large-scale population displacement would be hard pressed to respond quickly and effectively. Three main flaws of the contemporary system of legal acts on IDPs are: 1) discordance between existing acts; 2) deficiency of financed by government long-term programs for protection, social adaptation, reintegration and resettlement of IDPs, though national authorities should bear responsibility for ensuring IDPs’ rights to the durable solutions that are set out in principles 28-30 of “Guiding Principles on Internal Displacement” (United Nations High Commissioner for Refugees, 22 July 1998); 3) absence of official or doctrinal interpretations of the law "On the rights and freedoms of internally displaced persons", that are replaced by letters and explanations of different authorities.
Authors and Affiliations
O. A. Fesenko
Keywords
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