在军事状态和战后时期获得国内流离失所者和难民地位的行政程序的作用和意义

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摘要

本文致力于研究在戒严条件下和战后时期行政程序在获得国内流离失所者、难民和需要额外或临时保护的人的地位方面的作用和意义。国内流离失所者必须取得适当的地位,并在国内流离失所者登记册上登记。为了获得国内流离失所者的登记证书,这种人向区、基辅市的州行政机关、市的执行机构、市中的区(如果成立)委员会的居民社会保护结构单位提出申请,该命令由乌克兰部长内阁设立。注册时,您必须提供:身份证明文件(护照);取得个人税号的证明。然而,不幸的是,在战时条件下,并非所有有权要求国内流离失所者地位的人都设法保留了规定的文件,这大大复杂化了给予相应地位的行政程序。考虑到这一点,我们认为,最好是扩大国内流离失所者在登记有关身份的过程中可以使用的身份证件的清单,但护照除外,并提供仅根据一种此类证件进行登记的可能性。也就是说,无论是基于护照,还是基于个人税号,还是养老金证明等。特别是,这取决于这个人设法保留了哪个文件。此外,考虑到与战争有关的大量人力资本从乌克兰流出,我们认为,在战后时期,确保尽可能地简化获得难民地位的行政程序的问题可能变得极为紧迫。特别是为了鼓励移民移居我国。毕竟,预计并非所有因战争而出国的我国公民都将返回乌克兰。特别是,最好使关于难民及其家庭成员同时取得难民地位的规定符合国际标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The role and significance of administrative procedures for obtaining the status of an internally displaced person and refugee during the martial state and in the post-war period
The paper is devoted to the study of the role and significance of administrative procedures in the conditions of martial law and in the post-war period regarding obtaining the status of an internally displaced person, a refugee, and persons in need of additional or temporary protection. An internally displaced person must obtain the appropriate status and be on the register of internally displaced persons. In order to obtain a certificate on the registration of an internally displaced person, such a person applies with an application to the structural unit for social protection of the population of district, district in the city of Kyiv state administrations, executive bodies of city, district in cities (in case of formation) councils at the place of residence in the order, established by the Cabinet of Ministers of Ukraine. For registration, you must provide: an identity document (passport); a certificate of obtaining an individual tax number. However, in wartime conditions, unfortunately, not all persons who have the right to claim the status of internally displaced persons manage to keep the specified documents, which significantly complicates the administrative procedure for granting the corresponding status. Taking this into account, in our opinion, it would be advisable to expand the list of identity documents that can be used by an internally displaced person in the process of registration of the relevant status, with the exception of a passport, and also to provide the possibility of registration on the basis of only one type of such document. That is, whether on the basis of a passport, whether on the basis of an individual tax number, or a pension certificate, etc. In particular, depending on which document such a person managed to keep. In addition, taking into account the significant outflow of human capital from Ukraine, in connection with the war, in our opinion, in post-war times, the issue of ensuring the greatest possible simplification of administrative procedures for acquiring refugee status may become extremely urgent. In particular, with the aim of encouraging migrants to move to our country. After all, it is quite expected that not all of our citizens who went abroad due to the war will return to Ukraine. In particular, it would be expedient to bring the provisions on the acquisition of refugee status simultaneously for both the refugee and his family members in line with international standards.
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