THEORETICAL AND METHODOLOGICAL PRINCIPLES OF THE STUDY OF FORCED MIGRATION AND IDENTIFICATION OF INTERNALLY DISPLACED PERSONS

Анотація

The article examines the phenomenon of forced internal migration in the context of full-scale armed aggression of the Russian Federation against Ukraine. The relevance of the topic is due to the unprecedented scale of the migration crisis and the need to adapt state policy to new socio-economic and legal challenges. The purpose of the study is a comprehensive theoretical and legal analysis of the concept of "internally displaced person" (IDP), the determinants of forced migration and mechanisms of social and legal protection in Ukraine in order to substantiate strategic directions for improving public administration in this area. The methodological basis of the work is theoretical and conceptual, formal and legal, comparative and legal and systemic and structural methods. As a result of the study, the essence of forced displacement was conceptualized, it was distinguished from voluntary migration and the key triggers of spatial mobility of the population were identified (military actions, destruction of infrastructure, existential threats). A thorough analysis of national legislation was carried out in comparison with international standards (UN Guiding Principles, Council of Europe Recommendations, IOM approaches). It was established that the current regulatory and legal framework of Ukraine, formed mainly in 2014, provides for institutional registration of IDPs, but conceptually it is too narrow for the scale of the modern war. Institutional dysfunctions were identified, under which the status of IDPs in practice is often reduced to formal registration for the sake of access to basic payments, which contradicts the comprehensive approach of international humanitarian law. The conclusion is made about the urgent need to transform the state migration policy - to move from a strategy of short-term humanitarian response to multi-level models of long-term socio-economic reintegration of IDPs as full-fledged legal subjects with appropriate prolonged guarantees.

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