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 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 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 Regulatory guarantees of the internally displaced person’s rights and freedom

2020 ◽  
Vol 2 (2) ◽  
pp. 71-76
Author(s):  
Alina Orieshkova
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Legal Regulation ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Public Authorities ◽  
Internally Displaced ◽  
Basic Law

The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.

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.

scholarly journals THE PRACTICE OF PROVIDING TEMPORARY HOUSING INTERNALLY DISPLACED CITIZENS IN POST-CONFLICT TERRITORIES

2020 ◽  
pp. 77-88
Author(s):  
A.O. Volkova ◽  
Keyword(s):  
Local Governments ◽  
Local Level ◽  
State Level ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Temporary Housing ◽  
Internally Displaced ◽  
Post Conflict ◽  
The Right

The article analyzes the current practice of providing temporary housing to internally displaced persons in post-conflict areas. It is noted that during the six years of internal displacement at the state level, a number of regulations have been developed that have provided internally displaced persons with the opportunity to begin the process of integration into host communities. At the same time, the full integration of internally displaced persons is slowing down due to the impossibility of exercising the right to housing guaranteed by the Constitution of Ukraine. It is emphasized that the uncertainty of further housing prospects still remains one of the most pressing problems for the majority of internally displaced persons, the comprehensive solution of which requires effective cooperation between public authorities and local governments. It is noted that to date, at the state level, official information on the housing needs of internally displaced persons and the number of internally displaced persons who have been provided with housing with the support of the state or local governments is still lacking. It is noted that the state housing policy, in terms of providing internally displaced persons with housing, should be based on long-term, systematic and consistent solutions, through the introduction of targeted housing programs for internally displaced persons at both state and local levels. For those internally displaced persons who do not have the opportunity to purchase housing, effective and transparent mechanisms for providing temporary housing should be in place at the state level. Emphasis is placed on the fact that until 2017, due to the lack of sources to finance the formation of housing funds for temporary residence, as well as the lack of vacant and, most importantly, habitable housing, the above funds at the local level were practically not formed, but where they were created – were not replenished. Attention is drawn to the feasibility of assessing communal property and potential objects that can be purchased, reconstructed for the accommodation of internally displaced persons. In order to ensure the realization of the right to temporary housing for displaced professionals from among internally displaced persons, it is proposed to provide local governments with the opportunity to determine the percentage of housing that can be provided to displaced professionals in proportion to the local budget.

Bridging the Accountability Gap in the Protection of Internally Displaced Persons: Non-State Actors Under the Kampala Convention

2021 ◽  
pp. 1-23
Author(s):  
Romola Adeola
Keyword(s):  
The State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Regional Landscape ◽  
State Actors ◽  
Accountability Gap ◽  
The Impact

Abstract Contemporary forms of internal displacement in Africa significantly reflect the emerging footprints of non-state actors on the regional landscape of internal displacement. In recognition of the impact of these actors in the internal displacement context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) specifically obligate states to regulate them in the prevention of arbitrary displacement. This is the central thrust of this article. This article examines the Kampala Convention from the perspective of non-state actors, considering the obligation of the state and the extent to which these actors may be held accountable, in the furtherance of protection and assistance of internally displaced persons (IDP s).

scholarly journals An Ethical investigation of State and the Management of Internally Displaced Persons: Nigeria as a case study

2017 ◽  
Vol 7 (2) ◽  
Author(s):  
Ifeanyichukwu M. Abada ◽  
Nneka Ifeoma Okafor ◽  
Nkemjika C. Duru
Keyword(s):  
Emergency Management ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Boko Haram ◽  
Population Displacement ◽  
Internally Displaced ◽  
North East ◽  
The North ◽  
Rising Incidence

The decision among human beings to change their places of residence has remained an age-long strategy of survival practiced for a very long time. However, the migratory activities associated with internal population displacement are often propelled by forced migration occasioned by natural or anthropogenic forces or a combination of both. The upsurge of internal population displacement in the Nigerian state is incontrovertible given the maniacal campaign of the Boko Haram insurgency in the North-east region. The dilemma of internally displaced persons and the imperative management have proven a formidable challenge to the Nigerian state. The aim of this paper therefore is to ethically investigate whether the ineffective control of the Boko Haram insurgency by the state is implicated in the rising incidence of internally displaced persons and evident vulnerabilities. The study adopted qualitative research which relied heavily on the documentary method of data collection and, guided by the ‘Marxist theory of the post-colonial state’ as a theoretical underpinning. The findings of this paper showed that the ineffective control of Boko Haram insurgency by the state was implicated in the rising incidence of internal population displacement in the North-east. The paper critically observed that the state and its agencies like the National Emergency Management Agency (NEMA), State Emergency Management Agencies (SEMAs), National Commission for Refugees, Migration and Internally Displaced Persons (NCFRMI), Presidential Initiative for the North East (PINE), Presidential Committee on the North-East Initiative (PCNI), among others have become the main instruments for the advancement of the interests of the dominant class. The study however recommends amongst other things that the state should ethically rethink its narrow strategy against Boko Haram insurgency through the adoption of a broader approach according to the dictates of Nigeria’s Countering Violent Extremism framework.

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

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