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 Implementing of the right to pension by internally displaced persons: discriminative sources

2020 ◽  
pp. 32-36
Author(s):  
Kateryna KOLOTUKHA
Keyword(s):  
Legal Status ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Place Of Residence ◽  
Internally Displaced ◽  
Administrative Services ◽  
The Status ◽  
The Right ◽  
Pension Payments

Introduction. The paper establishes that in connection with the conduct of military operations by our state in the east of Ukraine over the past six years, the emergence of a new administrative and legal status of persons-internally displaced persons – is predetermined. It is determined that such persons need enhanced protection and ensuring the exercise of their rights and freedoms from the state, which in practice causes certain difficulties. The special value of social protection of citizens, including the implementation of pension payments to internally displaced persons, is justified. Purpose: substantiation of proposals to improve the conditions for the provision of administrative services for the renewal and continuation of the payment of IDP pensions and the procedure for making pension payments to IDPs. Results. The paper analyzes the specifics of providing administrative services to internally displaced persons in the field of pension provision. This publication examines and analyzes the legislation and practical experience of implementing the right to a pension by internally displaced persons, provides legal conclusions on the state of respect for the rights and freedoms of internally displaced persons when they receive administrative services in the field of pension provision. The problem of creating unequal conditions for persons with the status of Internally displaced persons and persons without such status in the exercise of the right to a pension is revealed, which causes discrimination against internally displaced persons, contradicts constitutional principles and international acts. The necessity of repealing a rules that contradicts the law and establishes discriminatory provisions against persons with the status of Internally displaced persons is justified. The proposals of amendments to the legislation regarding new conditions for providing public services related to the appointment/recalculation of pensions to internally displaced persons without reference to the place of residence of such persons and changes in the procedure for maintaining a unified information and analytical system for managing social support for the population of Ukraine. Conclusion. The results obtained will ensure that there is no need to control the implementation of payments at the place of residence of internally displaced persons, and in the existence of a separate procedure for paying pensions to internally displaced persons and, most importantly, it will stop discrimination against persons with the administrative and legal status of an internally displaced person in comparison with persons without such status.

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

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 Problems of inheritance in the anti-terrorist operation zone and in the occupied territories

2020 ◽  
pp. 14-18
Author(s):  
A.V. Goncharova ◽  
V.Yu. Chuikova
Keyword(s):  
Legal Status ◽  
Internally Displaced Persons ◽  
Internally Displaced ◽  
Law System ◽  
Special Procedure ◽  
Occupied Territories ◽  
The Will ◽  
The Right ◽  
Civil Law System ◽  
Legal Consequences

In this article, the authors reveal the issue of inheritance in the anti-terrorist operation zone and in the occupied territories. The institution of inheritance in the civil law system is one of the most important issues of research, its importance is due to the fact that the object of inheritance is the right of ownership. The issue of inheritance in the controlled territories remains relevant. This applies to both subjects and objects of inheritance rights. The article emphasizes that in accordance with the Declaration of State Sovereignty of Ukraine and the Constitution of Ukraine, the sovereignty of Ukraine extends to its entire territory, which within the internationally recognized state border is integral and inviolable. Indicated. That within the temporarily occupied territories there is a special procedure for ensuring the rights and freedoms of the civilian population, defined by the legislation of Ukraine. Individuals, regardless of their registration as internally displaced persons or their acquisition of special legal status, and legal entities retain the right of ownership, other real rights to property, including immovable property, including land plots temporarily occupied territories, if such property is acquired in accordance with the legislation of Ukraine. It is noted that the activities of armed groups and the occupation administration are illegal, and any act issued in connection with such activities is invalid and does not create any legal consequences. Emphasis is placed on the fact that the process of inheritance on Ukrainian lands is unchanged, namely, by will and by law. Inheritance by will occurs if the deceased person made a will before death and it is valid. In his absence there is an inheritance by law. Inheritance by law takes place in the following cases: absence of a will; invalidation of the will; the death of the heirs specified in the will before the opening of the inheritance or their refusal to accept the inheritance; the testator revoked a previously made will and left no new one; the will was declared invalid by a court; if the will does not cover all the property belonging to the testator.

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 The Legislative and Institutional Framework for War-affected Land Rights in Iraq: Up to the Task Post-ISIS?

2020 ◽  
Vol 34 (3) ◽  
pp. 267-289
Author(s):  
Jon D. Unruh
Keyword(s):  
Property Rights ◽  
Large Scale ◽  
Land Rights ◽  
Institutional Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Central Question ◽  
Land Conflicts ◽  
Internally Displaced ◽  
Large Scale Land

Abstract Land and property rights in Iraq are an important component of recovery, particularly subsequent to the ISIS conflict. The return of 3.3 million internally displaced persons (IDPs) due to the ISIS conflict are encountering claimants who were dislocated from previous wars and expropriations. This results in numerous land conflicts that if not dealt with will contribute to the country’s instability. Of primary importance in this regard is an ongoing discussion in government and the international community which focuses on a central question—are the current laws and institutions in Iraq, made for stable socio-political settings, able to manage the large-scale land and property problems emerging and ongoing in the country? This article considers this question by examining and critiquing the current legislative and institutional framework in Iraq in the context of the historical-to-present trajectories of land rights problems and development of land and property laws and institutions.

scholarly journals The Legislative and Institutional Framework for War-affected Land Rights in Iraq: Up to the Task Post-ISIS?

2020 ◽  
pp. 1-23
Author(s):  
Jon D. Unruh
Keyword(s):  
Property Rights ◽  
Large Scale ◽  
Land Rights ◽  
Institutional Framework ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Central Question ◽  
Land Conflicts ◽  
Internally Displaced ◽  
Large Scale Land

AbstractLand and property rights in Iraq are an important component of recovery, particularly subsequent to the ISIS conflict. The return of 3.3 million internally displaced persons (IDPs) due to the ISIS conflict are encountering claimants who were dislocated from previous wars and expropriations. This results in numerous land conflicts that if not dealt with will contribute to the country’s instability. Of primary importance in this regard is an ongoing discussion in government and the international community which focuses on a central question—are the current laws and institutions in Iraq, made for stable socio-political settings, able to manage the large-scale land and property problems emerging and ongoing in the country? This article considers this question by examining and critiquing the current legislative and institutional framework in Iraq in the context of the historical-to-present trajectories of land rights problems and development of land and property laws and institutions.

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