scholarly journals Some aspects of the legislative activity of the President of the Republic of Azerbaijan in ensuring the implementation of the administrative-legal status of refugees and internally displaced persons

2021 ◽  
pp. 20-27
Author(s):  
Rafig Najafguliyev
Keyword(s):  
Legal Status ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Head Of State ◽  
Legal Nature ◽  
Legislative Activity ◽  
The Republic ◽  
Rule Making

In the article examines the theoretical and practical issues of the rule-making activities of the head of state in ensuring the implementation of the administrative-legal status of refugees and internally displaced persons in the Republic of Azerbaijan. Considerable attention is given to the structure and legal nature of the rule-making activities of the head of state. The study argued that in the content of the Decrees of the President of the Republic of Azerbaijan on the administrative-legal status of refugees and internally displaced persons it is mainly possible to meet rulemaking. According to the author, it is through him that the daily executive and administrative activities of executive authorities are organized in order to exercise the rights and obligations that are an element of the administrative-legal status of refugees and internally displaced persons in the Republic of Azerbaijan.

scholarly journals DETERMINATION OF STRUCTURAL ELEMENTS OF THE LEGAL STATUS OF INTERNALLY DISPLACED PERSONS IN UKRAINE: QUESTIONS OF THEORY

2020 ◽  
pp. 96-102
Author(s):  
С. В. Мандзій
Keyword(s):  
Legal Status ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Structural Elements ◽  
Displaced Persons ◽  
International Treaties ◽  
Structural Element ◽  
Legal Form ◽  
Difficult Situation ◽  
Internally Displaced

The relevance of the article is that the difficult situation in the eastern regions of our country, the occupation of the Autonomous Republic of Crimea, led to forced internal displacement of persons in Ukraine, and thus the emergence of a new entity that needs rights and freedoms. The legal form of state fixation of relations that arise in the system of its relations with a person, as well as the relations of persons with each other, is carried out precisely by normative consolidation of a set of rights and obligations that form the legal status of the subject. In this context, the category of the structure of this legal phenomenon, and hence the elements that are part of its content, becomes important. The purpose of this article is to study the structural elements that are part of the legal status of internally displaced persons in Ukraine, the analysis of the interaction of such elements of the structure with each other and with other legal phenomena. The article is devoted to research of problematic issues of determining the structural elements of the legal status of internally displaced persons in Ukraine, analysis of relationships between them, as well as other legal phenomena that affect the rights, freedoms and responsibilities of this entity. Author analyzes various doctrinal approaches to the issue of filling the internal structure of the legal status and on this basis proposes those elements that are part of the structure of this legal category. In particular, it is proved that the position of scholars regarding the allocation of a narrow and broad approach to determining the structural elements of the legal status is quite artificial. It is emphasized that freedoms should also be considered as a structural element of a person's legal status, as they are formally defined in regulations. This is confirmed by the very title of the second section of the Basic Law of Ukraine: "Rights, freedoms and responsibilities of man and citizen." Moreover, the second article of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” stipulates that Ukraine shall take all possible measures provided by the Constitution and laws of Ukraine, international treaties, which have been approved by the Verkhovna Rada of Ukraine. observance of the rights and freedoms of internally displaced persons.

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 International legal framework for the protection of internally displaced persons

2019 ◽  
Vol 31 (1) ◽  
pp. 203-208
Author(s):  
A. Sheludchenkova ◽  
O. Spector ◽  
A. Derkach
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Internally Displaced People ◽  
Or Groups ◽  
Displaced People

The author defines the notion of the internally displaced people, analyses the reasons of their appearance and compares the internally displaced people and refugees’ legal status. Internally Displaced Persons were defined in 1992 by the Commission on Human rights as “Persons or groups who have been forced to flee their homes suddenly or unexpectedly in large numbers, as a result of armed conflict, internal strife, systematic violations of human rights or natural or man-made disaster, and who are within the territory of their own country”. There is no universal legally binding instrument for protecting and assisting internally displaced persons. The Guiding Principles on Internal Displacement were recognized by the UN General Assembly are not of a binding character.

scholarly journals Legal status of internally displaced persons in Ukraine

2019 ◽  
Vol 1 (4) ◽  
pp. 126-130
Author(s):  
Taras Tsymbalistyi ◽  
◽  
Anastasiia Blashchak ◽  
Keyword(s):  
Legal Status ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced

scholarly journals Internally displaced persons in the context of current migration processes in Ukraine

2019 ◽  
Vol 22 (11) ◽  
pp. 56-68
Author(s):  
С. М. Бубняк
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Basic Research ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Association Agreement ◽  
Internally Displaced ◽  
Permanent Residence ◽  
Or Groups

The introduction highlights the relevance of the study of migration processes in Ukraine and outlines the problematic circle regarding its regulation. The concept of «migration» in the sciences of the humanitarian block is considered. It is revealed that the number of internally displaced persons has increased since the signing of the Association Agreement and the visa-free regime between Ukraine and the EU. Therefore, statistics on the register at the legislative level of IDPs are provided. Basic research and scholars dealing with this social topic are reviewed. Therefore, the purpose of the article was to outline the purpose of the article, namely to clarify a terminological problem between the concepts of refugees, displaced persons or IDPs.The main part states that the annexation of the Autonomous Republic of Crimea by the Russian Federation and the conflict in the Donbass have caused the mass relocation of people for the second time in Ukraine. For the first time, the state encountered this phenomenon during the Chernobyl disaster. A methodological toolkit for regulating the legal status of IDPs is considered. The differences between the concepts of refugees, displaced persons, IDPs are outlined.As a result, a “refugee” is a person who is not a citizen of Ukraine and, because of a well-founded fear of becoming a victim of persecution on grounds of race, religion, nationality, citizenship (nationality), independence of a particular social group or political beliefs outside the country of his / her nationality and may not enjoy the protection of this country, or does not wish to enjoy this protection because of such fears, or without citizenship (nationality) and being outside the country of his former permanent residence, may or may not return to her because of these concerns. «Internally displaced persons» are people or groups of people who have been forced to flee their homes to escape armed conflict, violence or mass human rights abuses. IDPs are persons or groups of persons within the country who have been forced to flee, or who have left their place of permanent residence as a result of or to avoid the effects of military conflict, mass violence, human rights violations, natural or man-made disasters, and who have not crossed the internationally recognized borders of the state.

scholarly journals Vulnerability to HIV of Internally Displaced Persons in the Republic of Serbia

2014 ◽  
Vol 14 (S2) ◽  
Author(s):  
Miljana Grbic ◽  
Verica Lela Ilic ◽  
Sladjana Baros ◽  
Farida Bassioni Stamenic ◽  
Rade Grbic ◽  
...  
Keyword(s):  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
The Republic

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.

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