Open AccessDETERMINATION OF STRUCTURAL ELEMENTS OF THE LEGAL STATUS OF INTERNALLY DISPLACED PERSONS IN UKRAINE: QUESTIONS OF THEORY
Author(s) -
С. В. Мандзій
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.12
Subject(s) - normative , consolidation (business) , political science , legal status , phenomenon , internally displaced person , law , law and economics , sociology , epistemology , business , philosophy , refugee , accounting
The relevance of the article is that the difficult situation in the eastern regions of our country, the occupation of the Autonomous Republic of Crimea, led to forced internal displacement of persons in Ukraine, and thus the emergence of a new entity that needs rights and freedoms. The legal form of state fixation of relations that arise in the system of its relations with a person, as well as the relations of persons with each other, is carried out precisely by normative consolidation of a set of rights and obligations that form the legal status of the subject. In this context, the category of the structure of this legal phenomenon, and hence the elements that are part of its content, becomes important. The purpose of this article is to study the structural elements that are part of the legal status of internally displaced persons in Ukraine, the analysis of the interaction of such elements of the structure with each other and with other legal phenomena. The article is devoted to research of problematic issues of determining the structural elements of the legal status of internally displaced persons in Ukraine, analysis of relationships between them, as well as other legal phenomena that affect the rights, freedoms and responsibilities of this entity. Author analyzes various doctrinal approaches to the issue of filling the internal structure of the legal status and on this basis proposes those elements that are part of the structure of this legal category. In particular, it is proved that the position of scholars regarding the allocation of a narrow and broad approach to determining the structural elements of the legal status is quite artificial. It is emphasized that freedoms should also be considered as a structural element of a person's legal status, as they are formally defined in regulations. This is confirmed by the very title of the second section of the Basic Law of Ukraine: "Rights, freedoms and responsibilities of man and citizen." Moreover, the second article of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” stipulates that Ukraine shall take all possible measures provided by the Constitution and laws of Ukraine, international treaties, which have been approved by the Verkhovna Rada of Ukraine. observance of the rights and freedoms of internally displaced persons.