As a result of the dissertation research, the analysis of which is based on legal doctrines, normative and legal acts of national and international law, and practices of their implementation, the doctoral student formulated a new approach to determining the constitutional and legal status of refugees and asylum seekers, as well as the author's view on the institution of asylum as a whole .
The author states that the Constitution of Ukraine, as the main legal act, does not define the concept of "refugee. This inhibits the formation of this institution in the legal field of Ukrainian society, therefore it is appropriate to supplement Article 26 of the Constitution of Ukraine with a definition of this category, namely: a refugee is a person who is outside the country of his citizenship or permanent residence, having well-founded reasons to become a victim of persecution on the basis of race, citizenship, religion, language, belonging to a certain social group, political views, cannot or does not want to use the protection of this country as a result of external aggression, occupation, ethnic cleansing, mass riots on the territory of the country of his citizenship or origin.
Unfortunately, the President of Ukraine, as the guarantor of the Constitution, takes few steps to meet the refugees and solve their problems on the ground. Since it is at the normative level, the powers in the field of protection of the rights of refugees are omitted from the general list of its powers. Therefore, it is advisable to implement the relevant norms, which would expand its influence in these social relations. Namely, to expand Article 106 of the Constitution of Ukraine, in the field of human rights protection, which would have a direct impact on the protection of the rights of refugees, namely the right to apply for the protection of rights when a person is in the process of granting refugee status.
Attention has been drawn to the fact that the President of Ukraine, as the guarantor of the Constitution, takes few steps to meet the refugees and solve their problems on the ground. Since it is at the normative level, the powers in the field of protection of the rights of refugees are omitted from the general list of its powers. Therefore, it is advisable to implement the relevant norms, which would expand its influence in these social relations. Namely, to expand Article 106 of the Constitution of Ukraine, in the field of human rights protection, which would have a direct impact on the protection of the rights of refugees, namely the right to apply for the protection of rights when a person is in the process of granting refugee status.
The author's view of the institutional asylum system of the European Union should be divided into judicial and extrajudicial. The second, in turn, applies to bodies of general (Council of Europe, EU Commission) and special competence (European Asylum Support Office (EASO), Frontex organization). It is more appropriate to review the European asylum system through the review of the complex of legal acts that regulate the relations between member states of the European supranational association and asylum seekers.
The need to follow the example of Western neighbors to implement a rule on granting limited voting rights to persons who have received refugee status has been formulated for faster assimilation into society. After all, the opportunity to participate in the management of the territorial community accelerates the formation of a public position.
The proposed author's view on the periodization of the establishment of the asylum institution in the world, namely:
- The right to asylum in the context of customary law;
- The right to asylum in the context of canon law;
- Asylum in the context of church law;
- A medieval asylum with modern features of a political asylum;
- Asylum as a category of general international and domestic constitutional law of states.
After analyzing the actual problems of asylum seekers in Ukraine, 3 main categories were formulated:
- The problem with housing, the spectrum of this problem begins with a limited number of places of location for refugees and asylum seekers (3 camps with a total number of accommodation of 421 people) to the lack of state support for independent housing hire, as in civilized democratic states of the world;
- The problem of employment, this area is generally not settled by the state and is almost completely ignored, unfortunately. The lack of attention on the part of the norm creator in the code of labor laws and other normative legal acts leaves job seekers alone with the problem, and forces them to work without official employment and also reduces the amount of their earnings.
- The problem of passporting of documents, this problem is urgently faced by asylum seekers, because the complex bureaucratic procedure puts this category of persons in a difficult situation.
