Internal migration and displaced persons in Ukraine: Governing policies and protections by the administrative courts

Olena Miliienko
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Abstract

The relevance of the study lies in the fact that Ukraine is in a state of military conflict, which has caused an increase in the number of internal migrants, as well as the need to update the current legislation to regulate their status in accordance with the new realities of life. The purpose of the study was to study the main provisions of the state policy regarding internal migrants in Ukraine, the basics of legal regulation of the status of this category of population, the determination of the potential and consequences of internal migration for the post-war reconstruction of Ukraine, as well as its development trends and reasons for its spread at the current stage, highlighting the features of internal migration on based on the conducted analysis. In accordance with the set goal, the task of the research was to study the general positions on the settlement of disputes in Ukraine on the protection of the rights and freedoms of internal migrants in the aspect of administrative and procedural law. General methods (analysis, synthesis, dogmatic, dialectical) and special methods (formal-logical, legal hermeneutics) were used during the research in order to achieve its goals and objectives. In addition to the methods of scientific knowledge of the theoretical orientation, empirical methods of research (description, comparison) were used. The result of the study was the substantiation of the proposition that the analysis of the general dynamics of the legal regulation of administrative responsibility for violations of migration legislation indicates the existence of two most common trends: the strengthening of punishments for offences in the context of armed aggression against Ukraine, as well as the systematic criminalization of acts, an increase in the number of administrative offences and crimes. The conclusion of the study was the argumentation of the position that internal migration in Ukraine at the current stage has a hybrid nature, caused by a combination of factors of different directions, a combination of military, economic and social factors, which must be taken into account when reforming the policy of public administration in the specified area. The practical significance of the research is that there is currently a military conflict in Ukraine, which causes complex processes of internal migration, and its results are effective for use in developing practical recommendations for updating legislation in the specified area in order to reduce or eliminate the negative consequences that may be caused by internal displacement of the population.
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乌克兰的国内移民和流离失所者:行政法院的管理政策和保护措施
本研究的现实意义在于,乌克兰正处于军事冲突状态,这导致了国内移民人数的增加,以及根据新的生活现实更新现行法律以规范其地位的必要性。本研究的目的是研究有关乌克兰国内移民的国家政策的主要规定,对这类人口的地位进行法律调节的基本原理,确定国内移民对乌克兰战后重建的潜力和后果,以及其发展趋势和在现阶段蔓延的原因,根据所进行的分析强调国内移民的特点。根据既定目标,研究的任务是研究乌克兰在行政法和诉讼法方面保护国内移民权利和自由的争端解决的一般立场。在研究过程中使用了一般方法(分析、综合、教条主义、辩证法)和特殊方法(形式逻辑、法律诠释学),以实现其目的和目标。除了理论方向的科学知识方法外,还使用了实证研究方法(描述、比较)。研究结果证实了以下命题:对违反移民法的行政责任法律规定的总体动态分析表明,存在两个最常见的趋势:加强对武装侵略乌克兰背景下的犯罪行为的惩罚,以及系统地将行为定为刑事犯罪,增加行政违法行为和犯罪的数量。本研究的结论是对以下立场的论证,即乌克兰现阶段的国内移民具有混合性质,是由不同方向的因素、军事、经济和社会因素的组合造成的,在改革特定领域的公共管理政策时必须考虑到这些因素。研究的实际意义在于,乌克兰目前正在发生军事冲突,这导致了复杂的国内移民过程,其结果可有效用于制定更新特定地区立法的实用建议,以减少或消除人口国内流离失所可能造成的负面影响。
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