Soroka I. International legal status of asylum seekers

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100572

Applicant for

Specialization

  • 081 - Право. Право

08-04-2021

Specialized Academic Board

ДФ 41.086.018

National University «Odessa Law Academy»

Essay

The thesis study demonstrates the process of improving the Ukrainian legislation on asylum seekers against the background of the formation of general legislation on foreigners and the impact of international standards on its development. Peculiarities of mediation of international legal norms on asylum seekers in the legislation of Ukraine are revealed. It has been established a list of rights guaranteed to asylum seekers and those that should be guaranteed towards them. The work examines the practice of the European Court of Human Rights regarding asylum seekers in Ukraine and its impact on Ukrainian law and practice. Attempts to introduce the category of asylum seekers into Ukrainian legislation and specifics of their implementation are examined. It also has been proved the need for a clearer regulation of the legal situation for asylum seekers in Ukraine. Recommendations are made to improve certain legal acts of Ukraine regarding the asylum seekers. It is concluded that issues on implementing the rights of asylum seekers in Ukraine and the EU countries are similar, and the need for further harmonization of the legislation of Ukraine regarding asylum seekers with the law of the European Union is defined. It is emphasized therein that the shortcomings of Ukrainian law and the practice of seeking asylum correspond to similar shortcomings of the law and practice of a number of other European countries that serve as countries of destination or transit for asylum seekers.

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