Computer Science editorial
Open AccessOA2024
Constitutional, Administrative and Criminal Law Regulation of Protecting Rights of Internally Displaced Persons: Foreign Experience and Directions for Improvement
This article examines the constitutional, administrative, and criminal law foundations for protecting the rights of internally displaced persons (IDPs), analyzes foreign experience, and proposes directions for improving Ukrainian legislation and procedures.
O. Balynska; M. Korniienko; O. Martseliak; V. Halunko; I. Mahnovskyi· Khazanah Hukum· 2024· DOI 10.15575/kh.v6i1.33775
The core problem
The article addresses the legal regulation of protecting the rights of internally displaced persons (IDPs), focusing on constitutional, administrative, and criminal law dimensions. It aims to reveal the foundations of such protection, the problems of implementing foreign experience, and directions for improvement. The authors substantiate that the system of individual protection standards constitutes an international mechanism for ensuring the status of rights and freedoms of IDPs, with guarantees regulated by universal, regional, and special treaties, implemented by authorized public administration subjects across various spheres. Special attention is given to the 1998 Guidelines, which underpin legal acts of the European Union, the Council of Europe, and other democratic countries. However, existing standards are not uniform, and there is no corresponding institutional mechanism. The authors classify standards into universal, supranational, regional, mandatory, recommendatory, permanent, and temporary. They conclude that Ukrainian authorities bear important tasks, functions, and powers to guarantee IDP rights and freedoms, implement and protect such rights, restore violated rights, and apply international standards and best foreign practices. Consequently, improving Ukrainian legislation and ensuring effective and accessible procedures is natural. The article proposes solutions for problems in social protection, electoral law, housing and land rights, and legal aid provision.
Innovation
The article employs a doctrinal legal research methodology, analyzing international and regional legal instruments, including the 1998 Guiding Principles on Internal Displacement, European Union directives, Council of Europe recommendations, and national legislation of Ukraine and other countries. The authors conduct a comparative legal analysis to identify best practices and gaps in the protection of IDP rights. They also examine the constitutional, administrative, and criminal law frameworks, focusing on the implementation mechanisms and institutional arrangements. The study categorizes protection standards into universal, supranational, regional, mandatory, recommendatory, permanent, and temporary, providing a structured approach to understanding the legal landscape. The research is based on a review of primary legal sources, academic literature, and case studies from various jurisdictions, aiming to derive practical recommendations for Ukraine.
Introduction
The article addresses the legal regulation of protecting the rights of internally displaced persons (IDPs), focusing on constitutional, administrative, and criminal law dimensions. It aims to reveal the foundations of such protection, the problems of implementing foreign experience, and directions for improvement. The authors substantiate that the system of individual protection standards constitutes an international mechanism for ensuring the status of rights and freedoms of IDPs, with guarantees regulated by universal, regional, and special treaties, implemented by authorized public administration subjects across various spheres. Special attention is given to the 1998 Guidelines, which underpin legal acts of the European Union, the Council of Europe, and other democratic countries. However, existing standards are not uniform, and there is no corresponding institutional mechanism. The authors classify standards into universal, supranational, regional, mandatory, recommendatory, permanent, and temporary. They conclude that Ukrainian authorities bear important tasks, functions, and powers to guarantee IDP rights and freedoms, implement and protect such rights, restore violated rights, and apply international standards and best foreign practices. Consequently, improving Ukrainian legislation and ensuring effective and accessible procedures is natural. The article proposes solutions for problems in social protection, electoral law, housing and land rights, and legal aid provision.
Why it matters
The authors discuss the implications of their findings, emphasizing that the protection of IDP rights requires a multi-layered approach combining constitutional guarantees, administrative mechanisms, and criminal law sanctions. They argue that the existing international framework, while comprehensive in scope, suffers from weak enforcement due to the absence of a dedicated institutional body. The classification of standards into universal, supranational, regional, mandatory, recommendatory, permanent, and temporary highlights the complexity of the legal regime. The article critically evaluates Ukraine's progress, noting that despite constitutional provisions, administrative practices often fall short. The authors recommend the establishment of a specialized IDP protection agency, the adoption of clear procedures for social benefits and housing restitution, and the integration of international standards into domestic law. They also stress the importance of legal aid and awareness campaigns. The discussion concludes that improving Ukrainian legislation is not only a legal obligation but also a moral imperative, given the ongoing displacement crisis. The proposed directions aim to ensure effective and accessible procedures, ultimately restoring the rights of IDPs and aligning Ukraine with democratic standards.
Who should read this
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