THE STATUS OF INTERNALLY DISPLACED PERSONS: CONCEPT AND SOME ISSUES IN OBTAINING IT

Abstract

Introduction. The article is devoted to the problem of determining the status of an internally displaced person, which has gained particular importance and significance in the current realities of life. Ukraine first faced this problem in 2014, when, as a result of the annexation of Crimea and Donbas, almost one and a half million citizens became internally displaced. Following widespread publicity, the authorities reacted and began to try to regulate the issue of recognising the status of IDPs, their registration and provision at the legislative level.

Summary of the main research results. The article analyses the legal acts regulating the status of an internally displaced person. Among them: The Law of Ukraine ‘On Ensuring the Rights and Freedoms of Internally Displaced Persons’, the Resolution of the Cabinet of Ministers of Ukraine ‘On Registration of Internally Displaced Persons’, which, among other things, defined the circumstances under which the IDP status is granted. However, the legislator failed to overcome numerous legal conflicts and shortcomings, which resulted in hundreds of thousands of people being unable to obtain IDP status or only with great difficulty. It is noted that one of these conflicts is that the above-mentioned resolution of the Cabinet of Ministers of Ukraine significantly restricts the rights of internally displaced persons to be recognised as IDPs, since it does not include in the list of territories from which these persons left those where there are no actual hostilities and no occupation, but they are subject to constant shelling by Russian troops and, accordingly, there is a danger to citizens.

Conclusions. Proposals are formulated to finally regulate the provisions on the recognition of IDP status and the relevant procedural requirements of the Resolution of the Cabinet of Ministers of Ukraine ‘Procedure for issuing a certificate of registration of an internally displaced person’ in order to avoid constant appeals to the judiciary and simplify the issuance of relevant certificates of IDP status.