Chuienko V. Legal Regulation of Refugees Status in the European Union: Modern Stage and Perspectives of its Development.

The thesis is devoted to the study of particularities of legal regulation of refugees status in the European Union under the universal norms of International Law, EU Law, national legislation of member states as well as perspectives of its developments in consequences of European Migration Crisis 2015. The evolution of the universal and regional standards of recognition of a person as a refugee in International Law is researched. The concept and structure of refugee status are revealed based on modern doctrinal approaches based on the provisions of the Geneva Convention on the Status of Refugees 1951. The modern elements of the international legal status of refugee should consider principles, rights, obligations and guarantees. The system of principles of the international legal status of refugees is highlighted: 1) the general principles emerging from the natural legal concept of human rights (respect for human rights, equality and prohibition of discrimination); 2) special principles, jointly developed by States (non-refoulement, non-expulsion, voluntary repatriation and reunification of refugee families). The specificity of institutional guarantees of refugee rights in the system of international protection is determined. The system of international mechanisms for ensuring the proper implementation of refugee rights consists of normative safeguards (material and procedural) and institutional. The modern concept of legal regulation of refugee status in the EU has not only a security but also a humanitarian dimension; it is based on respect for the fundamental values of the European Union, in particular the recognition and protection of the rights of persons who cannot properly exercise their rights in the countries of origin. The special most important principles of legal regulation is the principle of equal treatment of Member States for persons in need of international protection, the principle of solidarity and the equitable sharing of responsibilities between Member States, including financial implications. Legal regulation of refugees’ status in the EU is provided on three levels: international level; EU level; domestic level (level of EU member-states). The specificity of the legal regulation is due to the effect of EU law on ratione personae and ratione loci; the coverage of shared competence of the EU and the Member States; the introduction of EU law only basic standards on refugee status; differences in the Member States' legislative approaches to asylum; recognition of the main responsibility of Member States in ensuring the rights of refugees and asylum seekers. The European Migration Crisis 2015 has demonstrated serious shortcomings in the current Common European Asylum System. The actual task is to find an effective model of legal regulation of persons in need of international protection, which may be effective in the event of an mass illegal migration flows. As the adoption of submitted by the European Commission legislative proposals leads to political debates the most expedient is the introduction of a mechanism for enhanced cooperation for Member States supporting the idea of extending supranational regulation in the area of asylum.