The dissertation is one of the first comprehensive theoretical and legal studies in domestic legal science, which, based on the analysis of legal doctrine, national legislation and international standards, foreign experience, revealed the essence, structure and features of the institutional mechanism for ensuring the rights and freedoms of internally displaced persons in Ukraine in the conditions European integration, martial law and the post-war period.
The definition of the concept of "institutional mechanism for ensuring the rights and freedoms of internally displaced persons" is proposed: it is a complete complex system of ordered elements that determine and implement state policy on the issues of internally displaced persons. Signs of the institutional mechanism for ensuring the rights and freedoms of internally displaced persons as a complex system: 1) includes interconnected structural elements; 2) organizational unity of components, orderliness; 3) the presence of internal and external connections and complex relations between institutions; 3) legal regulation and regularity; 4) direction towards a single goal, implementation of a specific system of functions and tasks; 5) constant nature of action, a combination of stability and dynamism; 6) endowed with a system of various forms, means and ways of ensuring the rights and freedoms of internally displaced persons; 7) is provided by general (social) and special (legal) guarantees. The structure of the institutional mechanism for ensuring the rights and freedoms of internally displaced persons: 1) institutions (entities) that ensure the rights and freedoms of internally displaced persons; 2) normative legal framework for ensuring their rights and freedoms; 3) purpose, forms, methods and means, guarantees of ensuring the rights and freedoms of internally displaced persons. The purpose of the institutional mechanism is 1) to create appropriate legal and factual conditions, to make real and accessible the established rights and freedoms of a person and a citizen for persons who have acquired the legal status of an internally displaced person; 2) balance their vulnerable situation, which worsened as a result of the circumstances that provoked forced displacement; 3) restore justice for internally displaced persons. For the implementation of the specified general goal, the institutional mechanism implements a number of specific tasks, which are revealed through the corresponding functions and powers. The concept and essence of the functions of the institutional mechanism and the principles of the institutional mechanism for ensuring the rights and freedoms of internally displaced persons are disclosed.
It was emphasized that now in Ukraine there is an extensive system of institutions that ensure the rights of internally displaced persons. The international legal framework was the basis for the formation of Ukrainian legislation on ensuring the rights of internally displaced persons. At the same time, the provisions of international acts contain general provisions on the legal status of internally displaced persons and establish the main duty and responsibility for providing protection and humanitarian assistance to internally displaced persons rests with national authorities. The system of laws affecting the provision of rights and freedoms of internally displaced persons is extensive. It is proposed to divide such normative legal acts into groups: normative legal acts regulating the legal status of internally displaced persons; regulatory legal acts defining the basis for ensuring the rights and freedoms of internally displaced persons by state and non-state institutions; normative legal acts defining the basis for ensuring the rights and freedoms of internally displaced persons by state and non-state institutions.
The study of the institutional mechanism for ensuring the rights and freedoms of internally displaced persons in Ukraine is a problem that covers a number of socio-legal connections. Therefore, only a qualitative approach to the application of certain methods, principles, the formation of the author's worldview, etc. will enable proper research of the indicated issues and the identification of vectors for improving the institutional mechanism for ensuring the rights and freedoms of internally displaced persons in Ukraine. The application of traditional and modern (pluralistic, civilizational approaches) methodological approaches and research methods of the institutional mechanism of ensuring the rights and freedoms of internally displaced persons in Ukraine, determined by the tasks set in the research, made it possible to carry out an objective and comprehensive study of the specified phenomenon. The definition of the concept "methodology of the study of the institutional mechanism of ensuring the rights and freedoms of internally displaced persons" is formulated.
