scholarly journals Problems of implementing the rights to housing and health protection of internally displaced persons in Ukraine: theoretical and practical aspects

2020 ◽  
Vol 5 (5) ◽  
pp. 61-67
Author(s):  
Nataliya Isayeva
Keyword(s):  
Private Property ◽  
Right To Health ◽  
Health Protection ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Economic Rights ◽  
Internally Displaced ◽  
Low Level ◽  
The Right ◽  
Healthcare Situation

The article studies the problems of state provision of such socio-economic rights and freedoms of internally displaced persons as the right to housing and the right to health protections and proposes updating of current legislation in this area. It is found that Ukraine lacks the Unified registry of state, communal and private property to register internally displaced persons. Special emphasis is laid on the necessity for such registry’s provision and maintenance. The low level of medical services provision of internally displaced persons is revealed. The cause of displacement is identified and recommendations concerning improvement of the current healthcare situation are given.

scholarly journals The right to an adequate standard of living, the right to entrepreneurial activity and the right to a pension for internally displaced persons in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 336-341
Author(s):  
Nataliya Isayeva
Keyword(s):  
The State ◽  
Standard Of Living ◽  
Entrepreneurial Activity ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
State Budget ◽  
Economic Rights ◽  
Internally Displaced ◽  
Financial Pressure ◽  
The Right

The problems of ensuring the state of such socio-economic rights and freedoms of internally displaced persons as the right to an adequate standard of living, entrepreneurship and pensions have been studied and proposals have been made to improve the existing national legislation in this area. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. The issue of the state of ensuring the right to an adequate standard of living for internally displaced persons and its relationship to the right to entrepreneurial activity and pension provision of such persons is covered. It is emphasized that changes to the current legislation on the issuance of documents for the ap-pointment (recalculation) of pensions, firstly - will simplify the procedure for receiving pension benefits and social guarantees, secondly - reduce the burden on the judiciary, and thirdly - save time and money internally displaced persons for legal assistance. Thus, resolving this issue and amending the legislation will solve a set of problems, both for internally displaced persons and for the state, in terms of budget savings. It is emphasized that the solution of socio-economic problems of internally displaced persons falls on the state budget, which creates significant financial pressure. However, the state has committed itself to ensuring the constitutional rights of internally displaced persons and must therefore comply with it. Sometimes, there is not so much a need for funding as an effective mechanism for ensuring certain socio-economic rights.

scholarly journals Sovereignty, Internal Displacement And Right Of Intervention: Perspectives From The African Union’s Constitutive Act And The Convention For The Protection And Assistance Of Internally Displaced Persons

2016 ◽  
Author(s):  
Shedrack Ekpa ◽  
Nuarrual Hilal Md Dahlan
Keyword(s):  
United Nations ◽  
Humanitarian Assistance ◽  
State Violence ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Human Rights Protection ◽  
The United Nations ◽  
The Right

The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa. Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility

The Right Not to Be Arbitrarily Displaced in Africa

2017 ◽  
Vol 25 (4) ◽  
pp. 459-481 ◽  
Author(s):  
Romola Adeola ◽  
Frans Viljoen
Keyword(s):  
African State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Main Root ◽  
International Treaty ◽  
Internally Displaced ◽  
The Right

The African Union Internally Displaced Persons (IDP) Convention is the first international treaty that recognises the right not to be arbitrary displaced in a legally binding instrument. This right gives rise to the corresponding duty on African state parties to protect their population against arbitrary displacement. In relation to the main root causes of internal displacement in Africa recognised under this binding instrument, this paper analyses the content of the right not to be arbitrary displaced and what states should do in order to prevent arbitrary displacement in line with their obligation under the IDP Convention.

scholarly journals Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons

2020 ◽  
Vol 91 (4) ◽  
pp. 130-139
Author(s):  
Z. I. Knysh
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Status ◽  
Property Right ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Concrete Action ◽  
The Difference ◽  
The Right

The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.

scholarly journals PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS IN THE CONDITIONS OF THE CONFLICT IN DONBASS

2019 ◽  
Author(s):  
Andrii BUTYRSKYI Butyrskyi
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Norms ◽  
Point Of View ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Status ◽  
The Right ◽  
Different Levels

The conflict in Donbass is the greatest problem of Ukraine. As a result of this conflict, Ukraine has lost a part of its territory, a lot of money etc. But it is only a part of the problem. Some problems are invisible and arise only after a certain period of time. One of these problems is internally displaced persons. The article examines the problems that arise in the practice of realization of the rights of internally displaced persons in Ukraine and outlines possible ways of further work of state authorities of Ukraine in this area. The problem of internally displaced persons is nationwide since it concerns a very large number of people and is extremely important from a political point of view. It should be noted that the state is trying to resolve this problem in every possible way, but many issues remain unsolved regarding internally displaced persons, which led to the choice of the topic of our research. Speaking about the state's efforts to resolve the problems associated with the internally displaced persons, above all, implies attempts to regulate new relations for our country at the legislative level. At the same time, the legislation of Ukraine should be harmonized with generally accepted international norms, which should include the 1951 Convention Relating to the Status of Refugees and the 1954 Convention relating to the Status of Stateless Persons. Regarding the Ukrainian legislation on the internally displaced persons, at the legal level, these relations are regulated by the Law of Ukraine “On Providing Rights and Freedoms of Internally Displaced Persons” and many other by-laws. If the legal regulation of the problems of internally displaced persons is generally at an appropriate level, then in practice there are a lot of problems that range from small households to the most important ones, such as the right to vote in elections at different levels.

scholarly journals SOME ISSUES OF PAYMENT OF PENSIONS TO PERSONS AFFECTED BY THE MILITARY CONFLICT IN THE EASTERN UKRAINE

2021 ◽  
Vol 77 (4) ◽  
pp. 75-84
Author(s):  
Liubov Knyazkova ◽  
◽  
Ivan Ivanov ◽  
Margaryta Kravtsova ◽  
◽  
...  
Keyword(s):  
Armed Conflict ◽  
Legal Regulation ◽  
Internally Displaced Persons ◽  
Constitutional Rights ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Occupied Territories ◽  
The Right ◽  
State Pension ◽  
The Military

The article focuses on the study of the problems of payment of pensions to internally displaced persons and residents of the occupied territories of Donbas. As Ukraine today faces a problem unknown to it – the need to address issues related to the payment of pensions to victims of the armed conflict in the Eastern Ukraine, there is a need to develop effective mechanisms for exercising the right for pensions for these categories of persons. Normative acts and practice of application of the legislation on provision of pensions of internally displaced persons and persons living in the temporarily occupied territories are analysed. The article shows the features of legal regulation of provision of pensions and develops theoretical and practical proposals and recommendations. Emphasis is made on the fact that the occupation of Ukrainian territories and the military aggression of the Russian Federation have forced Ukraine to respond to the problems of Ukrainian citizens affected by the Russian-Ukrainian conflict. It is concluded that the establishment of a special procedure for repayment of arrears of pension benefits for the past period by a court decision restricts internally displaced persons in the right for a pension and is illegal. Non-payment of pensions to residents of the occupied territories of Donbas violates their constitutional right for a pension. Emphasis is placed on the fact that such conditions are discriminatory, as other (less favourable) conditions for payment of pensions are defined. Based on the practice of application of the legislation, it was found that social protection bodies violate the constitutional rights of this category. It is proposed to strengthen the responsibility of officials for violating the constitutional rights of persons affected by the consequences of the armed conflict. It focuses on bringing Ukrainian legislation on pensions of persons who have suffered as a result of the occupation of Donbas in accordance with the Constitution of Ukraine and international standards. It is proposed that the laws "On Compulsory State Pension Insurance" and "On Provision of Pensions" provide for a norm that would establish the obligation of officials who grant pensions to take into account the legal positions set forth in decisions of the Supreme Court and the results of their consideration of exemplary cases on pension issues. According to the author, it should be noted that ignoring this requirement entails disciplinary proceedings, and illegal refusal to pay a pension leads to criminal liability. With this purpose the author proposed to amend the Criminal Code and the supplement it with the article "Illegal refusal to appoint or pay a pension".

scholarly journals The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges

2019 ◽  
Author(s):  
Volodymyr Venher
Keyword(s):  
Armed Conflict ◽  
Social Protection ◽  
Legal Regulation ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
National Legislation ◽  
The Social ◽  
Effective Remedy ◽  
The Right

The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internallydisplaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national legislation. VENHER, Volodymyr. The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges. Kyiv-Mohyla Law and Politics Journal, n. 4, p. 99–118, 2018. ISSN 2414-9942. Available at: . doi:http://dx.doi.org/10.18523/kmlpj153255.2018-4.99-118.

The Exercise of Rights of Internally Displaced Persons in Ukraine

2017 ◽  
pp. 384-390
Author(s):  
Anastasiia Trofymenko
Keyword(s):  
Data Base ◽  
Social Services ◽  
Social Protection ◽  
Legal Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Freedom Of Movement ◽  
Occupied Territories ◽  
The Right

The weaknesses of the legal framework of social protection of internally displaced persons (IDPs) in Ukraine have been analyzed. Among them are legal conflicts between legal acts, absence of the mechanism of providing IDPs with free temporary housing and compensation for lodging destroyed. The following challenges arise under the exercise of rights of IDPs: the amount of targeted aid has not changed since October 1, 2014; limitation of the freedom of movement for IDPs; limited practice ability of granting the right for the easy terms of studying at University (may be met by additional grants, charge-free rooms at the dormitory, free books and manuals, free Internet access etc.);the collection of legal charge for filing a lawsuit in court seeking protection of the rights of IDPs; service troubles of Single IDP Data Base. The issues of the lack of money for living, employment, provision of medical and psychological aid, the lack of selection criteria for the provision of IDPs with social services depending on their welfare, social status etc. are also pressing. Keywords: Internally Displaced Persons (IDPs), IDP registration reference, anti-terrorist operation (АТО), Single IDP Data Base, Ministry of Temporarily Occupied Territories and IDPs of Ukraine (МТОТ)

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