COMPARATIVE LEGAL ANALYSIS OF RESIDENCE CONDITIONS OF FOREIGNERS IN UKRAINE AND ABROAD

Anna MAKSYMOVA, Volodymyr VARAVA

MAKSYMOVA A., VARAVA V. (2024), COMPARATIVE LEGAL ANALYSIS OF RESIDENCE CONDITIONS OF FOREIGNERS IN UKRAINE AND ABROAD.
PHILOSOPHY, ECONOMICS AND LAW REVIEW. Volume 4, no. 1, 195-201

DOI: 10.31733/2786-491X-2024-1-195-201

 

Abstract. It is shown that after February 24, 2022, the life of every Ukrainian changed radically, due to which peaceful Ukrainians were forced to seek refuge in neighboring states. In particular, Poland, Germany, Denmark, Romania, Bulgaria, Greece, Sweden. In connection with the extraordinary events, unprecedented conditions were created for the citizens of Ukraine. Currently, Ukrainians can receive refugee status or additional protection. In connection with the full-scale invasion, the EU Council, meeting in Brussels on March 4, 2022, voted to apply Directive No. 2001/55/EC of July 20, 2001 on minimum standards for the provision of temporary protection in the event of a mass influx of displaced persons and on measures that contribute to the balance of efforts between member states regarding the reception of such persons and the bearing of their consequences.

The directive bypasses the traditionally overburdened procedure for granting asylum (obtaining refugee status/subsidiary protection) and offers a quick and simplified way to access protection in EU countries. In EU countries, refugee status is an individual right that is granted after a special administrative and legal process that determines whether a person has a reasonable risk of being persecuted. Persons who can receive refugee status can be citizens of Ukraine who left the territory of Ukraine due to the war, as well as persons who lived in the territory of Ukraine on legal grounds, but have the citizenship of other countries. In accordance with the Convention on the Status of Refugees of 1951 and the Protocol on the Status of Refugees of 1967 and the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”. In Ukraine, it is also possible to obtain the status of temporary protection for foreigners and stateless persons.

It is proposed to develop a system of marketing measures to attract labor for the purpose of rebuilding Ukraine, since today in Ukraine quite little is paid to refugees and persons who have received temporary protection. Such provision of refugees and persons wishing to receive temporary protection will not motivate foreigners to go to Ukraine.

Keywords: temporary protection, refugees, legal analysis, benefits, social security.

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