In connection with the current situation in geopolitics, the modern world is experiencing a process of active resettlement of citizens from Third World countries and post-Soviet countries. The main reasons for migration are: low standard of living, unemployment, lack of social guarantees and support from the state, human rights violations, military conflicts, unfavorable climate. As a rule, Western countries today are the most attractive for emigration due to their high standard of living and powerful social policy of the state towards its citizens.

Globalization contributes to the migration process, since living conditions in Third World countries are deteriorating every year; the economies of these countries operate in occupation regime, which means stable inflation and rising prices for goods and services, housing and communal services tariffs, fuel, constant increases in taxes and fines, poor quality of food, an increase in the number of unemployed, high level the number of people living below the poverty line, poverty, high crime rates, environmental problems, high levels of corruption and indifference of authorities state power in relation to the well-being of his people.

In addition, in a number of countries, due to an unstable political situation and a crisis of power, military conflicts may occur, and therefore part of the population becomes refugees who are forced to leave for other countries to live.

Today, the refugee problem is present in the Donbass and in the countries of the Middle East. Many citizens of the DPR and LPR were forced to migrate to Russia, where they are now experiencing problems with legal stay in the country.

The problem with illegal migrants and refugees was particularly evident in the European Union, when refugees from Africa and the Middle East, as well as India, Pakistan and Bangladesh, began to migrate sharply in 2015 in huge numbers. As a result, the authorities of the European Union were faced with the problem of a massive influx of illegal migrants and the impossibility of quickly legally resolving issues of granting refugee status and issuing documents. In this regard, camps with terrible living conditions were created for migrants from Third World countries, where thousands of people stay. In addition, Europe is faced with the fact that most of the refugees profess Islam; they were raised in religious families, where, according to Islamic norms, the European way of life is simply unacceptable. As a result, this caused cultural shock among visiting guests and a misunderstanding of the liberal values ​​of the local population.

Residents of European countries were sharply criticized and condemned by migrants, which led to a wave of crimes, riots and a threat to the future of European society.

It is absolutely clear that the EU authorities initially listened to the advice of the main globalists from the United States and the recommendations of liberal politicians who instill in the population of the EU countries tolerance towards all people, regardless of gender, race, nationality, language, origin, religious beliefs. These same gentlemen are promoting in Europe the idea of ​​legalizing prostitution, same-sex marriage, propaganda of transgender people, gender reassignment, legalization of drugs and other things. As a result of the influx of migrants, the European Union is now facing a migration crisis that could lead to major clashes between natives and refugees and even degenerate into civil war.

In addition to the European Union, problems with labor migrants exist in Russia and the CIS countries. Due to the current economic and political situation after the collapse Soviet Union In the 90s and 2000s, in the countries of the post-Soviet space, Russia found itself in the most favorable conditions in terms of the economy and standard of living. Market economy, the arrival of foreign corporations in the country, have made Russia a country attractive for immigration of citizens from Vietnam, China, and, more recently, for citizens from Africa and the Middle East. Most of the labor migrants arrive in big cities Russia, in particular to Moscow and St. Petersburg due to high wages and a sufficient number of jobs.

Unfortunately, in the situation with migrants in Russia there are a number of serious problems: corruption among law enforcement officers, illegal entrepreneurship related to migration registration of foreign citizens, issuance of work patents, registration at the place of residence, etc.

Here we can also add the arrival of illegal migrants into the country, whom employers illegally hire, creating slave-like working conditions for them and paying them low wages. wages. In this situation, employers commit a number of offenses and criminal offenses against illegal migrants without paying them any Money for their labor, forcing them to work in gross violation of standards Labor Code. As a result, this leads to constant inspections of firms and enterprises by law enforcement officials who deal with migration issues and identify violations of the law with the subsequent deportation of visiting migrants outside Russian Federation.

In addition, labor migrants periodically commit crimes on the territory of our country for various reasons: poverty, inability to get a job, cultural conflict based on religious norms and beliefs, ethnic hatred and nationalism.

In general, this creates a negative attitude towards visiting migrants among some Russians, which leads to conflicts close to extremist activity on the part of active citizens with far-right views. There are cases when migrants themselves become victims of crimes by Russian citizens, which indicates extremism and non-compliance with the norms of the Constitution of the Russian Federation.

Over the past 5-7 years, the problem of emigration has arisen widely in Russia. The constant decline in living standards, low wages, rising housing and communal services tariffs, corruption, indifference of the authorities to the problems of the population, poor quality of roads and medicine, lack of social guarantees, decent pensions and benefits, low level of security, unemployment, etc., makes some Russians think about emigration to Western countries, or to countries with hot climates for the purpose of downshifting. Thus, over the past 5 years, more than 2-2.5 million Russians have emigrated from our country abroad.

To solve the problems of population migration in different countries, governments and other elites of Third World and CIS countries should restore order in the national economy, create jobs and build enterprises, pay decent wages, and not force their citizens to immigrate abroad in search of income and better conditions life. Their domestic politics sometimes it is simply monstrous towards its own population.

It is necessary to purge the fifth column among the legislative and executive authorities, introduce tough measures to combat corruption and completely abandon the political course of serving the world elites of the globalists, for whom migration only brings benefits and helps them solve their geopolitical problems.

As practice shows, migrant workers are treated almost everywhere in the world not so kindly, as “second-class” people, especially for those who are in a foreign country illegally. This happens even in a number of countries of the European Union, the USA, Canada, Israel, etc. Tolerance and a mysterious European smile, from which one may not understand what is on a person’s mind, will not always speak of friendliness and respect for migrants, even from CIS countries. Sometimes, in the process of work, native citizens of one of the Western countries indirectly try to “push” a larger amount of work onto foreign citizen. In other words, “It’s good where we are not.”

The text is large so it is divided into pages.

The question posed by Sami Naira, professor of political science at the International University of Andalusia, is: “What should the European Union do to resolve the migration issue?”

I'll try to answer it

First, it is necessary to understand the difference between the concepts
"refugee" and "migrant". The definition of the concept of “refugee” in international law is contained in two main documents: the 1951 UN Convention relating to the Status of Refugees and the 1967 Protocol to it.
Refugees are persons who left the country in which they were permanently residing due to emergency circumstances (armed conflict) or political persecution.

While a migrant is a person who moves permanently to another state for economic reasons in order to improve his standard of living.

The European Union is sending thousands of people back to war zones or dictatorships (Syria, Turkey, Iraq and Afghanistan), despite being classified as refugees. Thus, Western countries, which so ardently defend democratic principles, violate the 1951 UN Convention Relating to the Status of Refugees.

Secondly, in the confusing concept of the European Union, governments and citizens must be distinguished.
Does the current Spanish government act in the interests of voters when the electoral program diverges from concrete actions?
Or, does the European Commission protect, for example, the interests of the Greek people when it demands fulfillment of the conditions of the financial oligarchy, thereby destroying the foundations of its citizens (Europeans, whites, Christians)?

Third, European governments, along with the White House, are responsible for the military deaths of at least one and a half million people in Afghanistan, Iraq, Yemen, Syria, Libya, Sudan, Pakistan, Somalia, and Mali. As a result of the wars, at least 100 million people lost their homes, and another 25 million fled to other countries. Are they ready to help these people? We don't see this yet.

Of course, not only Europe bears responsibility for creating the refugee crisis, nor should it be left solely to European countries to solve this problem, despite the fact that it is here that human rights are especially zealously defended.

Such an approach would be unfair and would allow other countries to escape responsibility. Isn't it Turkey's fault and Saudi Arabia in the mass exodus of Syrians? In Australia, for example, thousands of refugees from Africa and Asia are huddled in the so-called “Guantanamo Bay of the Pacific,” located on the territory of Papua New Guinea and the island of Nauru.
In refugee camps in Jordan, hundreds of women and girls (including those as young as 2 or 3) have been sexually abused.
There are about 3 million Syrian refugees in Turkey, up to 2.6 million in Jordan (40% of the country's population), in Lebanon up to 1.4 million people, while in 27 EU countries (except Germany) there are 160 thousand.
Fourthly, without a doubt, the existence of about 60 million refugees in the world is due not only to dictatorial regimes, but also to religious and civil conflicts, which are opposed only by disparate political forces and progressive intelligentsia.
Such a shocking figure, which many in Europe ignore, is a direct or indirect result of the predatory wars of the major Western powers, waged by NATO under the banner of the “global war on terror” or “implanting democracy” in countries rich in natural resources.
Would France have participated in military aggression against Libya, one of the most stable and prosperous countries in Africa, if the country did not have huge reserves of oil and fresh water?

Context

Refugees in the EU: the time has come for concrete measures

Yomiuri 07.11.2015

The rise and fall of the UN

IRNA 10/29/2015

Refugees went on the run

Russian Germany 03/04/2016
Since 2011, thousands of Libyans have fled Libya, which has resulted in military operation Western countries were dismembered and plundered. The Mediterranean Sea has turned into a huge marine cemetery, at the bottom of which lie the bodies of innocent people. Note that no one was prosecuted for crimes against humanity.

Let us recall that Poland promptly responded to the Americans’ request to participate in the Afghan mission and, starting in 2001, fought as part of the international coalition forces in Afghanistan. As a result of the bombing and occupation of Afghanistan (this has nothing to do with the war on terror), 700 thousand people died, eight million were forced to flee the country. Poland now says it sees no possibility of accommodating refugees in the country.

In all these wars, the name of Abdelhakim Belhadji comes up, who is one of the founders of the “Fighting Islamic Group - Libyan”. At one time he collaborated with the CIA and MI6, and now oversees the so-called business related to the illegal migration of refugees.
In the office of US Senator John McCain, his photograph hangs on the wall.

Solutions?

The US plan to redraw the map of the Middle East and northern Africa involves changing borders not only in Iraq, but also in Syria. It is no coincidence that the United States, as well as the White House’s European and regional partners, launched a large-scale military intervention in Syria. If the intervention of the international coalition in Syria is not stopped, it will bring new casualties among the civilian population and increase the flow of refugees from the country.
The “final solution” to the Syrian conflict will be accompanied by the ethnic cleansing of communities that have “mistakenly” lived here for centuries.

There is no more important task for the UN now than to end wars in order to avoid further human tragedies. In solving this problem, we must all show solidarity and bear responsibility. Unfortunately, the UN is currently going through hard times. The trust of many states in the universal institution of “equality and fraternity” has been undermined. Now is the time to give this organization new impetus in solving global problems. In the near future, it is necessary to develop and implement a new “Marshall Plan” that would finally solve the refugee problem.

Nowadays, more than ever, it is important to form a global platform to counter wars and militarism.

National Research University – Higher School of Economics

Faculty of Law

Department of International Public Law

GRADUATE QUALIFYING WORK

Refugee problems in international law

Female students group No. 5MPP

Kokoreva Marina Dmitrievna

Scientific director

Professor, Doctor of Law

(position, title, full name)

Moscow 2013

Introduction………………………………………………………………………..…….…..3

Chapter 1. Refugees as a social and legal phenomenon………………………........…5

1.1 Refugees in the world: history of the issue…………………………….…………..7

1.2 Legal status of refugees……………………………..………………....18

1.3 Problems of refugees in the modern world……………………………….....22

1.4 Timely and long-term solutions…………………………….26

Chapter 2. International legal regulation of providing assistance to refugees……………………………………………………….…………………..29

2.1 Universal level institutions……………………………………...32

2.2 Regional level institutions …………………………………………34

2.3 Internal institutions for the protection of refugees…….………….54

Conclusion……………………………………..………………………………………58

List of references……………………………………………………………….63

Introduction

Nowadays, like decades ago, refugees are among the most vulnerable categories of the population. Official statistics show that every year hundreds of thousands of people leave their homes and countries of residence in order to save themselves and their families from problems associated with religious persecution, armed conflicts, and various types discrimination.

Not a single summit of the united European Parliament is complete without speeches devoted to the problems of refugees and internally displaced persons, since continental Europe annually provides asylum to several hundred thousand applicants.

The reason for such massive flows of refugees has always been emergency situations associated with world and local wars, interethnic and religious conflicts, dictatorial political regimes, accompanied by gross violations of basic human rights, which forced people to leave their homeland, often without any means of subsistence, fleeing persecution and persecution.

Although the refugee problem first became acute after the First World War, it still continues to be relevant. According to UN statistics, at the end of 2004 there were about 17 million classic refugees, asylum seekers, internally displaced persons and stateless persons in the world. By now 2013, their number has almost doubled and every year these numbers continue to grow. Moreover, about 80% of them are women and children who need protection of their fundamental rights, especially the right to a decent human existence. Hence the truth of the words of Pope John Paul II, who called the refugee problem “a shameful wound of our time,” is obvious.

The tragic situation of refugees, as well as the complication of relations between states, which caused their massive flows, led to the awareness of the international community in the mid-40s. XX century the need to create a stable universal international legal mechanism for the protection of the rights of refugees, as well as the development of international and national legal procedures for granting asylum and refugee status. This contributed to the formation of a special institution of international law - the law of refugees. The significance of this institution in the modern world is emphasized in the Outcome Document of the 2005 World Summit. In it, the heads of state and government of UN member countries declared their commitment to uphold the principles of refugee protection and fulfill their responsibilities to improve the plight of refugees, including by supporting efforts aimed at to address the causes of refugee movements, ensure their safe return, find durable solutions to refugee problems while maintaining their status over the long term, and prevent refugee movements from becoming a source of tension between states.

The main purpose of this work is to consider the legal problems of refugees in international law.

To achieve this goal, the following specific tasks are solved in the work:

consider the issue of refugees as a social and legal phenomenon;

consider international cooperation on issues;

consider international legal regulation of assistance to refugees;

identify problems of international regulation in the issue under consideration;

consider the international system for protecting the rights of refugees.

Chapter 1. Refugees as a social and legal phenomenon

Over the past 50 years, the number of refugees in the world has increased sharply and, despite the fact that initially the level of such migration was contained and even reduced, the figures began to grow and from 9.9 million people in 2006 they grew to 11.4 million. at the beginning of 2008. This was mainly due to the increase in the number of refugees from Afghanistan and Iraq in neighboring countries, as well as changes in classification and assessment methodology in several countries around the world. By the end of 2012, there were already 42 and a half million of them in the world, of which more than 15 million were refugees and about 26 and a half million internally displaced persons. Thus, statistics show that the number of refugees last year increased by approximately 800 thousand people. This was stated in the report of the Office of the UN High Commissioner for Refugees. The figure has become a record for the last 10 years.

The reasons for such massive movements are crises, wars, and the consequences of the Arab revolutions.

Currently, there are 3 crisis points: Mali, Syria, Sudan - South Sudan. There are others:

- Afghanistan– 8.7 million people, which is 50% more than in 2010;

- Syria– 4.2 million people;

The number of Syrians who have fled the country due to the deadly conflict since 2011 has reached 4 million, with the figure projected to double or triple by the end of 2013.

- Iran- 1.7 million people;

- Iraq- 1.1 million people;

- Somalia– 2.7 million people;

- Vietnam– 2.1 million people;

- Sudan– 2 million people;

- Myanmar- 415 thousand people;

- Colombia– 395 thousand people;

- China- 184 thousand people;

- North Korea - 2,737 thousand people

In the CIS, the Armenian-Azerbaijani conflict generated the most refugees - more than 1 million people. As a result of conflicts, more than 600 thousand people left, thousand people in Georgia, 400 thousand in Russia, 100 thousand in Moldova.

As for our country, according to well-known political figures, Russia has never really faced the “refugee problem” - this problem will become truly relevant only in 2014, when the United States withdraws its troops from Afghanistan. Then Russia will not be able to avoid the flow of thousands of refugees.

Thus, it is quite obvious that international population migration is last decades has increased significantly. Such active movement creates objective difficulties for states involved in this process. It is obvious that states will not be able to cope with these difficulties on their own. Understanding this, the international community is unanimous in the opinion that the problems of refugees and population migration in general must be clearly and effectively regulated by international legal norms.

Forced migration itself is complex and multifaceted. And if natural migration is a process of self-regulation of the economic, social and demographic system of society, then the situation when people are forced to leave their homeland and places of permanent residence due to the threat of persecution and physical violence, and natural disasters is extreme. It is obvious that it is impossible to manage this process without understanding the underlying reasons that caused such a spontaneous migration movement.

Contemporary refugee law cannot be understood without knowledge of the broader global context in which it emerged and began to develop. Therefore, the purpose of this chapter is to unpack this context in order to prepare the basis for the study of refugee law.

1.1.Refugees in the world: history of the issue

Refugee law is an institution of human rights law - an independent branch of international law, although the codification process in the field of refugee rights began earlier than the regulation of human rights at the international level. The formation of the institution of refugee rights is closely related to the development of international relations. Moreover, events in the international arena had a decisive influence both on the formation of the mechanism for the international protection of the rights of refugees and on its subsequent evolution. Thus, the revolution in Russia and the collapse Ottoman Empire gave rise not only to massive movements of people, but also to the need to formulate a coordinated international policy aimed at providing assistance to people who have lost their homes and, most importantly, protecting the country of their citizenship.

It is safe to say that the history of forced displacement begins with the history of humanity itself. Since ancient times, people, fleeing violence or its threat, were forced to leave their homeland and seek shelter in foreign territories, in foreign countries. Similar stories are easy to find in the historical heritage of almost all countries and peoples: they are present in historical chronicles, chronicles, folklore, etc.

Refugee flows of varying sizes arose in all eras. The largest wars of the Middle Ages and modern times gave rise to forced migration both within Europe and beyond its borders. A significant part of the American colonists in the 17th century. were immigrants from England who left the country after the bourgeois revolution. The Thirty Years' War caused significant forced displacement of civilians within the Austrian Empire. Revolutionary events of 1820 - 1840s. in Europe also generated significant flows of refugees. In the 19th century, the Russian Empire became a country that accepted a huge number of refugees, primarily from countries subject to the Ottoman Empire.

The onset of the 20th century was perceived by contemporaries as the beginning of a new era - more technological, progressive, civilized. But the very first decades showed that the scale of forced migrations was growing rapidly. This was facilitated by the events of the First World War and a series of revolutions in different parts Sveta. The most significant flow of refugees from Russia was during the civil war, when more than one million people were forced to leave the country, fearing persecution for their political opinions or social origin. In this situation, the international community could no longer turn a blind eye to the problem.

The League of nations

Issues of international protection of forced migrants and their legal status have been the subject of international cooperation between states for a long time. The first category of forced migrants were refugees.

In the 20s and 30s of the 20th century, the League of Nations was created - the first global body of interstate cooperation, the predecessor of the United Nations (UN) - launched a number of unprecedented initiatives to assist refugees in Europe.

It was then that the Council of the League of Nations organized and held a conference on refugees in Geneva. The conference was held due to the First World War, massive flows of refugees from the former Russian Empire and the collapsed Ottoman Empire, whose number exceeded 1.5 million people. The conference resulted in the appointment of Dr. Fridtjof Nansen as High Commissioner for Russian Refugees. This Department performed the following functions: determining the legal status of refugees; organizing the repatriation and accommodation of refugees; carrying out assistance work with the assistance of charitable organizations. The Authority's mandate was later extended to other refugee groups, namely Armenians (1924), Assyrians, Assyro-Chaldeans and Turks (1928).

In 1928, at the Geneva Conference, three international agreements on the problem of refugee protection were adopted: on the legal status of Armenian and other refugees; on the extension to other categories of refugees of certain measures taken in favor of Armenian and other refugees, and on the functions of representatives of the League of Nations High Commissioner for Refugees. These international relations laid the foundation for the formation of the legal basis for the global system of international refugee protection.

In 1930, the League of Nations decided to create Nansen's International Bureau for Refugees (after his death) as an autonomous body under the administration of the League of Nations. The activities of the bureau were supervised by the Board of Governors, whose chairman was appointed by the Assembly of the League of Nations. The Bureau dealt with humanitarian issues, providing assistance to refugees and carried out its activities until the end of 1938. In 1938, due to an increase in the flow of forced migrants to Western Europe, primarily in connection with Hitler's rise to power in Germany, the League of Nations appointed a High Commissioner for Refugees with headquarters in London. However, the functions and powers of the High Commissioner were very limited, and this position was abolished in 1946.

One of the first attempts to solve the refugee problem was the holding of an intergovernmental conference in Evian to discuss the “issue of forced emigration” of refugees from Germany and Austria, in which representatives of the state took part. The result of the conference was the establishment of the Intergovernmental Committee on Refugees, whose mandate extended to all categories of refugees. In 1947, the committee was reorganized as the International Refugee Organization.

Results of international cooperation between states in the field of international protection of refugees in the period 1921 - 1945. were insignificant, due to several reasons. First of all, the League of Nations did not have sufficient material and financial base, which was necessary to finance expensive projects to assist refugees. Also, a system of universal and regional international treaties in the field of forced migration, which covered all aspects of the international protection of forced migrants in that historical period, has not yet been developed and formed. The states parties to international treaties of that period, for the most part, limited themselves to only accepting the texts of international treaties, but did not ratify them. An example of this is that the 1933 Convention relating to the International Status of Refugees was ratified by eight states, but the Convention relating to the Status of Refugees from Germany by only two states.

Consequences of the Second World War

The Second World War sharply worsened the situation in the field of forced migration. The number of refugees and displaced persons at the end of the war exceeded 21 million. The League of Nations could not cope with its tasks and was therefore dissolved. To help the plight of the millions of people displaced throughout Europe by years of conflict, the Allies established the United Nations Relief and Reconstruction Administration (UNRRA) in 1944, tasked with providing emergency relief to displaced people. At the end of the war, this institution organized the return of millions of refugees to their homeland, but many did not want to return, as serious ideological changes had taken place in their home countries.

At the end of the Second World War, the refugee problem was included as a priority issue on the agenda of the first session of the UN General Assembly in 1946. The following principles were developed, which formed the basis of the global system of international refugee protection:

· the refugee problem is international in nature;

· none of the displaced persons or refugees who have expressed an objection to return to their country of origin may be forcibly returned to their country of origin (this was the basis of the basic principle - the principle of non-refoulement of refugees);

· the fate of refugees and displaced persons will become the concern of an international body or organization to be created;

· the main task is to encourage and provide any assistance to refugees in order to quickly return to their country of residence (this is how the principle of voluntary repatriation of refugees was formed).

In 1947, two years after its creation, the UN established the International Refugee Organization (IRO). It was the first agency to comprehensively address all aspects of international refugee protection: registration, status determination, repatriation, resettlement, legal and political protection.

However, due to the current political situation in Europe, most refugees no longer wanted to return to their homeland, so they were resettled to other countries. The MOB found itself at the center of growing tensions between East and West, with many countries sharply criticizing its resettlement efforts for ideological bias, a desire to provide labor for the West, and even aid to subversive groups. This hostility, coupled with the fact that few countries contributed to the ILO budget, led to its dissolution in 1951.

Creation of UNHCR

By the end of the 1940s, the IRB was in disgrace, but it was clear that some kind of refugee agency would still be needed at least for the foreseeable future. After heated debate at the UN over what kind of institution this would be, in December 1949 UN General Assembly Resolution 319 (IV) The Office of the United Nations High Commissioner for Refugees (UNHCR) was created as a subsidiary body of the General Assembly. The resolution provided that UNHCR would operate for three years beginning in January 1951; this was the result of disagreements between states regarding the political consequences of creating a permanent body.

UNHCR's core mandate was originally set out in its Charter– annex to General Assembly Resolution 428(V) UN(1950). It was subsequently significantly expanded by resolutions of the General Assembly and the Economic and Social Council (ECOSOC). UNHCR is committed to providing international protection to refugees on a non-political and humanitarian basis. People who were already receiving assistance from other UN bodies at the time of the adoption of the Charter were excluded from UNHCR's mandate. It also did not cover people displaced by the Korean War who were subject to the mandate of the United Nations Reconstruction Authority for Korea (UNCO, now dissolved). The men, women and children cared for by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) are also outside the purview of UNHCR. However, UNRWA is not authorized to help all Palestinian refugees, but only certain categories of them located in the geographical area of ​​its activities. UNHCR's mandate was repeatedly extended by resolutions of the General Assembly, and in 2003 the Office was authorized to continue its work until the problem of refugees in general and their protection in particular was addressed.

After 1950, resolutions of the General Assembly and ECOSOC expanded the responsibilities of UNHCR. It was tasked with providing humanitarian assistance and protection not only to refugees, but also to other people - in particular stateless persons and sometimes internally displaced persons.

1951 Convention

By establishing UNHCR, governments also adopted the 1951 Convention relating to the Status of Refugees. The Convention still forms the basis of international law relating to refugees. It defines who is a refugee and sets standards for the treatment of persons who meet that definition. The Convention serves as an important milestone in shaping the global community's commitment to addressing forced displacement.

The Convention reflected the political concerns of the time: its scope was limited to include only persons who had become refugees as a result of events that occurred before 1951. In addition, states were given the opportunity to declare the Convention to apply only to European refugees. However, it soon became clear that refugee crises continued, and not only on the European continent. In 1956, UNHCR helped coordinate the response to the mass exodus of refugees following the Hungarian uprising. A year later, this organization was assigned to help Chinese refugees in Hong Kong. At the same time, she participated in helping Algerians who fled to Morocco and Tunisia after the Algerian War of Independence. UNHCR's response to these crises marked the beginning of its involvement in major operations for the protection of refugees and assistance to them.

In the 1960s, the upheaval of decolonization led to numerous refugee movements in Africa; this became a huge challenge for UNHCR and ultimately transformed the organization. Unlike Europe, in Africa there was often no clear lasting solution in sight for refugees. Many of them fled to countries that were also unstable. In just one decade, the organization's focus changed dramatically, and by the end of the decade it was spending more than two-thirds of its budget in Africa. In response to these new realities, the international community adopted the 1967 Protocol to the 1951 Convention. The Protocol removed the previous restriction that the Convention's definition of a refugee included only refugees displaced as a result of events before 1951, and also removed the geographical restriction that allowed some States to consider as refugees only those who became such as a result of events in Europe. Although the 1967 Protocol largely resolved the problems of the newly independent African countries, in 1969 the Organization of African Unity (now the African Union), after consultation with UNHCR, adopted its own refugee convention.

In the 1970s, refugee crises erupted in Asia. The most acute of these was the mass exodus of millions of East Pakistanis to India before the formation of Bangladesh, and the flight of hundreds of thousands of Vietnamese, many of whom fled the country in boats unseaworthy. During those years, it was difficult to find solutions for all these refugees, which once again reminded us of the importance of international solidarity and burden-sharing. The most important events of that time were international initiatives to assist refugees from Southeast Asia, in particular the Comprehensive Plan of Action (CPA) adopted in the late 1980s. The CPA provided for the mass resettlement of refugees in North America, Europe and Asia, as well as Australia.

By the end of the 1980s, many countries began to abandon their previous generous conditions for granting asylum. This was largely due to the sharp increase in the number of refugees around the world and the fact that they were no longer fleeing from countries that were fighting for independence. These refugee flows increasingly arose from inter-ethnic conflicts in the newly independent states. In such conflicts, attacks on civilians increasingly became an element of military strategy, so even relatively “minor” conflicts could lead to mass displacement of the population. Whether in Asia, Central America or Africa, these conflicts were often fueled by superpower rivalry and exacerbated by socio-economic problems, making it particularly difficult to find lasting solutions for refugees. UNHCR increasingly had to spend long periods of time helping refugees living in camps, which were often located in insecure areas.

Since the end of the Cold War, inter-ethnic violence has continued to generate refugee flows. In addition, humanitarian interventions by multinational military forces have become more frequent. In the 1990s, as in previous decades, international action was largely driven by the media and largely shaped by the interests of powerful countries. For example, in 1999, member states of the North Atlantic Treaty Organization (NATO), concerned about the destabilization of neighboring former Yugoslavia, quickly intervened in response to the deteriorating situation in Kosovo. By contrast, in 1994, calls to send significant UN peacekeeping forces to Rwanda to stop the genocide that was taking place there did not find the proper response. Even as rich countries took action in areas where people were displaced, they often tightened the conditions for asylum on their own soil.

European Union

As for the European Union, it should be noted that this international organization did not initially pursue the goal of regulating migration flows, but was created for the purpose of economic integration. However, in connection with the gradual development and expansion of the EU, the need arose to regulate not only labor, i.e., by its nature, economic, not forced, migration, but also the migration of refugees and other categories of the population who left their places of residence not of their own free will.

For a long time, the EU generally ignored the problem of forced migration. The only EU legislation that included refugee provisions before 1999 was Regulation 1408/71 on the coordination of social security systems in Member States. It provided for the express inclusion of refugees in its contents and a definition of refugees that was consistent with the definition specified in the 1951 Convention relating to the Status of Refugees. When the right of refugees to equal treatment in the social security system guaranteed by the regulation was challenged in 2001, the Court of Justice of the European Union refused to interpret the regulation in the interests of refugees, holding that the regulation required that a person be registered in the social security system of several Member States, then it can use it. Because refugees do not have the right to free movement, they are locked into one Member State and have no opportunity to integrate into the social security system.

However, gradually, with an increase in the number of people wishing to move to Europe as refugees, and awareness of the need for more detailed legal regulation of territorial asylum, the EU began to adopt special documents aimed at solving migration problems. To regulate the flow of forced migrants, EU member states use various legal instruments: the conclusion of international treaties and the adoption of documents within the Union itself.

In 1990, EU member states adopted the Dublin Convention, which determines the state responsible for examining applications for asylum made in one of the member states of the European Community. One of its goals was to reduce the number of so-called refugees in orbit. First this concept was provided for in a memorandum of non-governmental organizations on the draft UN Convention on Territorial Asylum in October 1976. In a memorandum submitted to the Council of Europe, UNHCR explained that this term should cover refugees who are not expelled or returned to the state of origin where the threat exists persecution, but at the same time they are not granted asylum in the state in which they filed the application and are forced to move from one country to another. It was the Dublin Convention of 1990 that was called upon to resolve this situation. The doctrine notes that this category of refugees is not new: the High Commissioner for Refugees of the League of Nations, Fridtjof Nansen, who was written about earlier, has already encountered the problem of such refugees for whom responsibility was shifted Germany and Poland at each other. But these refugees were called "ping pong refugees."

However, difficulties soon arose in applying the Convention. For example, the initial problems associated with identifying third-country nationals who have already submitted an application for asylum in another Member State. All problems that arose were taken into account when further improving the legal framework for regulating migration within the EU.

It is also worth mentioning the Schengen agreements, which relate more to voluntary migration. They, in particular, refer to the obligations of states under the 1951 Convention relating to the Status of Refugees. Also closely related to these documents is the EU Border Code, which was adopted with the aim of unifying all rules on the establishment internal control at the borders. However, the doctrine characterizes the rules on border control in the EU as complex and contradictory, especially at the initial stage of development. We are talking about the right of states to carry out controls and checks at internal borders. With the adoption of the Code, the question arose in particular of whether it would in any way improve the Schengen Convention, which does not expressly prohibit member states from simply refusing to accept asylum seekers at their external borders. It has been suggested that, taken together, the references to the 1951 Refugee Convention in the Schengen Rules and Borders Code, as well as the human rights granted by the general principles of EU law (after the integration of the Schengen developments into EU law) could be interpreted as such , that the provisions of the Schengen rules and the Border Code would prohibit the refusal of asylum at the border.

Among the important aspects of the legal regime for asylum seekers in the Dublin Convention and the 1990 Schengen Convention is the fact that they are subject to State action. These categories of forced migrants do not have real rights and access to effective protection. Their fate depends on the will of the member state. Both treaties provide for three principles in relation to asylum seekers: firstly, if one Member State examines an application for asylum and rejects it, this refusal is valid for all Member States (despite the fact that the person's status is recognized refugee status is an act valid in the territory of only one state).

Secondly, Member States determine in which of them the asylum seeker has the right to lodge and have his application for asylum examined. Thus, the fact that a person has second degree relatives, or friends, or employment opportunities in one Member State but not in another, and wishes to apply for asylum in that Member State, has no bearing on the allocation of responsibility between the participating states in accordance with the above treaties.

Thirdly, the responsibility for deciding asylum applications and the responsibility for the person who makes the application is considered in both treaties as a burden and punishment of the Member State that allowed the person to enter the territory of the Union.

1.2 Legal status of refugees

The modern definition of the concept of “refugee” is formulated within the framework of international and national legal systems. It has repeatedly undergone transformation under the influence of new trends in migration processes and reasons generating refugee flows.

Within the framework of the League of Nations in 1926-1938. Various special agreements and conventions relating to the status of refugees have been adopted.

The first definitions of the concept of “refugee” in the aforementioned agreements and conventions were a fairly simple system of criteria that made it possible to clearly separate refugees from persons who left the country of origin solely for personal reasons. A group or category approach was used, in which the relevant nationality (Russian, Armenian, Jew, etc.) and the lack of protection from the government of the state of origin were sufficient conditions for recognition of a person as a refugee. This categorization was easy to interpret and made it easy to identify who was a refugee. It should be noted that although not all agreements adopted under the League of Nations required the individual to remain outside the country of origin, this condition was implied. The purpose of the agreements was to issue identity cards to facilitate travel and resettlement. An exception was the activities of the Intergovernmental Committee on Refugees, created in 1938, whose scope also included those persons who had yet to emigrate.

A peculiarity of the mentioned definitions is the lack of indication of the reasons why an individual is forced to leave his country of origin. Such reasons certainly existed. These primarily include the consequences of the First World War, changes in the political system in Russia and, as a consequence, the reaction of certain circles to this event, as well as religious contradictions in some Asian countries. There is no doubt that the behavior of states gave rise to critical situations, which resulted in flows of refugees. Thus, the problem of refugees inevitably acquired political content, since the fate of this category of citizens depends on the attitude of the state towards them.

Attempts to introduce a political aspect into the legal definition of “refugee” were made twice during the period from 1921 to 1939. In 1936, the Institute of International Law, in its resolution “Legal Status of Stateless Persons and Refugees,” indicated as the grounds on which a refugee left the country suddenly political events that have arisen in the territory of his citizenship. In 1938, the resolution on the powers of the above-mentioned Intergovernmental Committee on Refugees recognized as such persons who were forced to leave their country of origin because of their political opinions, religion and racial origin. The mentioned resolutions did not have the status of legally binding documents, but their contribution to the formation of the international legal definition of a refugee is undeniable.

An analysis of the agreements adopted within the framework of the League of Nations allows us to identify trends that ultimately became the basis for the current definitions. One such trend has been the gradual narrowing of the concept of “refugee” within specific legal criteria. Such criteria filled the gaps in the concept of “refugee”, enshrined in previous agreements, associated with the lack of indication of the reasons that prompted the person to leave the country of his citizenship or permanent place of residence. This practice was reflected in the documents adopted after the Second World War - the Charter of the International Organization for Refugees and the Charter of the Office of the United Nations High Commissioner for Refugees and the provisions of the 1951 Convention relating to the Status of Refugees.

The IRB Charter established the broadest definition of the concept of “refugee” compared to its predecessors, which could be considered an important achievement, although its development also used a categorical approach. The concept of “refugee” according to the IRB Charter includes:

· persons who have left the country of which they are citizens, or their former habitual residence, or persons who are outside their borders, and regardless of whether they have retained their citizenship, are victims of fascist and Nazi regimes and regimes that collaborated with them;

The relevance of research. Without exaggeration, the problems of refugees can be classified as one of the most acute and painful problems modern world because they affect the fundamental interests of peoples or nations. It should be emphasized that in the light of this complex of issues, a significant part of the appearance- and the country’s internal political problems, as well as the options proposed by the country’s leadership to solve this problem, have long been a measure of democracy, patriotism and other virtues of current politics.

Issues brought to life with modern migration flows have many international aspects, which leaves its own, sometimes negative, imprint on political relations between states. Today, as many decades ago, migration flows generated by various types of conflicts are forcing hundreds of thousands of people uprooted from their homes. Deprived of access to social and legal protections that are designed to ensure wealth, refugees are the most vulnerable group. This greatly increases the need for the international community to take special measures to alleviate their plight.

The global changes affecting the world at the end of the twentieth century require a rethink and re-evaluation of the legal aspects of refugee problems. Thus, the relevance of the topic is determined by the need to develop a new and unified approach to analyzing the legal aspects of refugee problems both at the international and national levels with the realities of the 21st century.

Such a solution to the complex problem is only possible with the rich historical experience accumulated by the world community in this area. Recent history gives many examples of how great efforts have been made by the leading countries of the world to develop and adopt universal international agreements establishing a system of international cooperation in this area, to improve national legislation, etc.

The chosen topic is also relevant due to the fact that after the collapse of the USSR, more than 10 million people are now migrating to the territories of the newly independent states for a number of reasons, including a large number of armed conflicts.

It should be emphasized that during the twentieth century, there was an intensive increase in migration flows, and by the end of the century the phenomenon of migration became a factor in all global problems. All this required the development of new approaches to migration policy that will help achieve and maintain a balance of interests of countries participating in the regulation of migration processes.

The problem of refugees has always been under the close attention of the international community, and given that respect and protection of human rights today is the conscious policy of many states, then we can say that refugees should be the subject of investigation and legal regulation at the national level, as the role of international law and its impact on nature has now significantly increased international relations and the formation of legal systems in many countries.

The concept of refugee protection is inseparable from the concept of human rights. According to the Universal Declaration of Human Rights (1948), every person has the inalienable right to life, liberty and security of person. Every person has the right to be free from torture, slave labor, and illegal deportation. The Universal Declaration also establishes the right of every person to freedom of movement and choice of residence within each state, as well as to leave a country, including his own, and to return to his country (Article 13). It states that everyone has the right to seek refuge from persecution in other countries and to receive asylum (Article 14), and that everyone, wherever they may be, has the right to recognition before the law (Article 6). The UN Convention relating to the Status of Refugees (1951) contains the fundamental principle that states should refrain from sending refugees to countries where they would be at risk of persecution.

The international community must treat human rights globally, in a fair and equal manner, with the same consideration and consideration. Although national and regional characteristics and various historical, cultural and religious characteristics must be borne in mind, states, regardless of their political, economic and cultural systems, have an obligation to promote and protect all human rights and fundamental freedoms.

During the 20th century, there was no intensive growth in migration flows, but by the end of the century the phenomenon of migration had become a factor in all global problems. Thus, according to the UN, in 2002 migration amounted to about 175 million people, which is twice as high as in 1975. And it is quite obvious that migration processes are often uncontrollable, as the tightening of the country’s immigration legislation often leads to an increase in the number of illegal migrants. Awareness of the problem and the sound migration policy of the Central Asian countries can lead migration flows into a civilized direction. As President Nazarbayev noted in the Presidential Address to the people of Kazakhstan “Kazakhstan - 2030: Prosperity, security and well-being of all Kazakhstanis”: - “in the leading priorities national security there must be a strong demographic and migration policy If our government agencies. will continue to treat it with indifference, then we are on the threshold of the 21st century after Russia enters a situation of “demographic cross”, when the population is reduced not only due to external migration processes, but also naturally. This trend must be stopped immediately."

The relevance of studying this phenomenon is caused by circumstances, including:

• * expansion of the legal framework and the focus of attention of the international community on human rights issues, including the rights to freedom of movement;
• * qualitative and quantitative changes in the condition - former Soviet republics and then after that changes in policy, especially in the field of international relations;
• * changes in social and political aspects of the development of the republics former Union, adoption and implementation of laws, violate the rights of other ethnic populations;
• * The need for scientific comprehension and understanding of the socio-political orientation of relations between themselves, as well as between refugees and the local refugee population;
• * stable trends in the relationship between international relations and migration to be of a regional nature;

The increasing number of refugees, the emergence of new categories of forced migrants, and the severity of their situation urgently require the application of refugee status in accordance with existing rules of international law, and in the future (if necessary) a revision of existing rules.

In relation to the bibliography devoted to research issues, we note the following. General issues of international protection of human rights are discussed in some detail in the works of such famous Kazakh scientists as V. Kopabaev, K.S. Maulenov, M.B. Kudaibergenov, K.A. Makhanova, A.A. Salimgerey, O. Kuzhabaeva and many others.

International legal relations of states of scientists of Central Asia Kazakhstan was studied by M.A. Sarsembayeva in the works: “International Law in the History of Kazakhstan and Central Asia” (Almaty, 1991), “International and Legal Relations in Central Asia” (Almaty, 1995).

However, few historians and lawyers focus on the specific problem of forced displacement of people and the development of international approaches to this problem. It should be noted that the general theoretical and practical aspects of the rights of this group have been the subject of research in the scientific literature and in numerous specialized studies by foreign authors. No less important is the study of works by such scientists as K. Alimov, U. Morgun, E.A. Lukasheva I. Potapov, V Molodikova N.N. Nozdrina, A. Boyarsky, A. Yastrebova, S.G. Denisova, L.P. Maksakova and other products that can detect, reveal and substantiate the emergence of a problem related to the implementation of the rights of refugees.

The subject of the research is the international legal aspects of refugee problems; international issues representing refugee status determinations; a system of international cooperation, ensuring the protection of the rights of refugees at the global and national level; norms of domestic and international law regulating the legal status of refugees; European refugee law; Legal status refugees in the Republic of Kazakhstan, as well as some other aspects of the legal status of refugees.

The working hypothesis is that managed migration is an integral part of today, not only social, but also political processes, brings civilized peoples closer and acts as a condition for the formation of a single security space.

Purpose This study is to study current trends and classify problems related to the status of refugees in accordance with international law and national legislation, identify the main approaches to their solution, as well as a comprehensive analysis of international treaties and national legislation governing the legal status of refugees. In accordance with the above, the aim of this master's thesis is the following:

• - To analyze the history of the formation of "refugee" in international law;
• - Give the point of view of the international estimate of the law of international treaties of a universal and regional nature regulating the legal status of refugees;
• - A comprehensive analysis of the set of rights and obligations of refugees from the position of its compliance with modern international law, and also consider a mechanism for their support;
• - Analyze the main stages of the system and forms of international cooperation in the field of protecting the rights of refugees;
• - Providing legal analysis of international refugee law;
• - Make a number of proposals and recommendations aimed at optimizing the process of solving theoretical and practical problems in realizing the rights of refugees.

The methodological basis of the research is the dialectical method of cognition, systemic, comprehensive, targeted approaches to the problem, general sociological and legal methods. Using a combination of various methods and scientific achievements will allow us to identify the subject of research in generalizing models and various aspects, as well as for solving problems.

The empirical basis of the study was international legal documents: the Universal Declaration of Human Rights, resolutions of the UN General Assembly, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief in 1981 , International Convention on the Elimination of All Forms of Racial Discrimination of 1965, Declaration on Territorial Asylum of 1967, CIS Agreements on Assistance to Refugees and Internally Displaced Persons in 1993, and others.

The scientific novelty of the candidate's research is the systematic and comprehensive development of the international legal approach to assessing and solving refugee problems. In this study, the author tried to take a comprehensive look at all aspects of modern legal problems of refugees, and on this basis to develop a number of new ideas of a theoretical and practical nature, as well as formulate new practical recommendations on resolving legal issues related to the status of refugees in international and domestic law.

International law recognizes a person's right to seek asylum, but this does not oblige a state to provide asylum. In international law, the granting of asylum is considered a matter within the competence of a sovereign state, and therefore remains so. Even those who undoubtedly fall within the definition of "refugee" under the UN Convention do not necessarily rely on the right of asylum in a particular country.

II. IN last years a number of new causes that cause forced population movements (e.g. environment and “disasters”) More often, mass displacement is not only a consequence of armed conflict, but also the result of ethnic cleansing and a sharp deterioration in the social situation. Because of this, these people are often denied asylum by the state, justifying its decision by the fact that they do not meet the criteria and reasons for the persecution of the "refugees" mentioned in the 1951 Convention. Based on this, the author proposes that Article 1 Chapter 1 of the 1951 Convention "refugee", which defines the criteria for determining the refugee regime, should be excluded from the provisions on the reasons for persecution, and proposed a new definition of a refugee : a refugee is a person who, owing to well-founded fear for his life, is outside the country of his nationality and is unable or unwilling to avail himself of the protection of that country, or, having no nationality and being outside the country of his former habitual residence as a result of fear for his life, is able or unwilling to return to it due to such fears.

III. Over the past 40 years, significant progress has been made in developing international instruments governing the status of refugees and their treatment. Now you must focus on implementing these tools at the international, regional and national levels.

IV. Although the two countries have signed regional agreements defining the state of the obligation to process applications for refugee status, their domestic laws often conflict with each other. This fact is often the reason for the refusal of asylum, and the person concerned is deprived of the opportunity to seek asylum in another country.

V. The system of modern international cooperation on the issue of refugees is not completely homogeneous, but, on the contrary, consists of several systems, often not interconnected by any international legal agreements with their own distinctive features and characteristics and, therefore, insufficiently coordinated. I cannot categorically say that the specified cooperation system does not interact with each other and is completely classified. But it is obvious that poor cooperation is one of the many reasons for ineffective international cooperation on the issue of refugees, which in turn has a negative impact on the overall situation of refugees in the world.

VI. The concept of security itself has changed to include more wide range problems: environmental pollution, depletion natural resources land, rapid population growth, proliferation of weapons, drugs, organized crime, international terrorism, human rights violations, unemployment, poverty and mass migration movements. And these new realities have entailed an expansion of the reasons that can cause an increase in migration flows.

The theoretical and practical significance of the work lies in the fact that the conclusions and proposals made to the owner’s office can be used in legislative activities in construction public policy, capable of solving many migration issues, as well as for future research in this area and in the educational process, for example, during the study “Legal Status of Refugees”.

Structure of master's thesis. The structure of the master's study is determined in accordance with the goals and objectives. The work consists of an introduction, three chapters, a conclusion and a list of sources used.

When did the first refugees appear?

The problem of refugees in the form in which we understand it now arose precisely at the beginning of the 20th century. However, as Yuri Morgun, an employee of the Office of the United Nations High Commissioner for Refugees in Belarus, wrote in his article “Refugees - a global problem of the 21st century,” the history of mankind is full of tragic pages associated with refugees. “Back in 695 BC. e. 50 thousand people fled to Egypt, fleeing the Assyrian army of King Sennacherib, which entered Judea. At the beginning of the new era, about 300 thousand Goths fled from the invasion of the nomadic Huns on the lands of Rome. The process of collapse under the blows of the barbarians of the Great Roman Empire (410) was accompanied by a previously unprecedented exodus of masses of people (the “great migration of peoples”). In the VIII-IX centuries. As a result of the devastating Viking invasions of Britain, about 40 thousand islanders fled to France. The First Crusade (1096–1099) caused a mass exodus of Muslims from the “holy places” captured by the knights. More than 500 thousand Arabs and Turks became refugees. Waves of refugees were not only caused by wars. Thousands of people in Europe and Asia fled frequent plague epidemics. The real mass exodus began in the first half of the 13th century, when the Mongol hordes, sowing death and destruction, passed from Pacific Ocean to the Mediterranean Sea. Hundreds and hundreds of thousands of Chinese, Arabs, Russians, Persians, Poles, and Hungarians fled to neighboring countries, trying to escape the terrible invasion. In 1492, after the verdict of the king and queen of Spain, more than 200 thousand people who did not convert to Christianity became refugees.”

According to the famous Russian political scientist Fyodor Shelov-Kovedyaev, it was in international law that the term “refugee” appeared after the First World War, when, as a result of the treatment to which civilians were subjected, primarily by German troops, hundreds of thousands of residents of France and other European countries were forced to leave their homes. Subsequently, the refugee problem worsened more than once, starting in the 1930s. For example, as a result of the policies of the Nazis and fascists in Hitler's Germany, Franco's Spain and Italy under Mussolini. Also considered classic are the cases of Eastern and Western European refugees during and after the Second World War, Afghan and Jewish (to Israel, from Islamic countries due to persecution and the Arab-Israeli wars) refugees, Iraqi Kurds fleeing the regime of Saddam Hussein, Cambodians who fled from the Pol Pot regime and many others. Among the internal refugees, Colombian (as a result of the activities of the FARC rebels) and Mexican (as a result of the seizure of power by revolutionary radicals in one of the states of Mexico) stand out.” IN Lately The refugee problems that arose during the collapse of the USSR attracted the most attention; during various military operations in Rwanda, as a result of the conflict between the Hutu and Tutsi tribes; in Sudan, due to religious war; in Iraq after the entry of US-led coalition forces into this country.

Today there are tens of millions of refugees in the world, most of them in Africa. The Office of the UN High Commissioner for Refugees operates within the UN. The status and rights of refugees are regulated by international documents. Chief among them are the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, which were not recognized by the USSR and signed by the Russian Federation; and the Organization of African Unity Convention on Refugees in Africa. Large compact concentrations of refugees provide a breeding ground for various types of criminal and extremist groups and organizations, often supported from abroad. For Russia, the most pressing issues were refugees after the collapse of the USSR - from the former Soviet republics: Meskhetian Turks, Azerbaijani Armenians, from Transnistria, Georgians from Abkhazia, South Ossetia and Georgia itself as a result of the civil war in this country, as well as, in connection with separatist movements in the North Caucasus, from Chechnya and Dagestan.

If previously anyone could fall under this definition, now it looks more specific. And so, the word “refugees” is usually understood as persons who left the country in which they permanently resided as a result of hostilities, persecution or other emergency circumstances. (Economic reasons, hunger, epidemics, emergencies of a natural or man-made nature, as a result of which a person left his place of residence, are not such circumstances). As a rule, these people are unable or unwilling to benefit from the protection of their country for fear of being deceived and suffering even more and, as a result, are unable to return there. This is why a refugee or asylum seeker cannot be sent back to their country of origin.

It is worth recalling that in domestic jurisprudence there is also such a term as “forced migrant”. Their rights are in many ways similar to the rights of refugees, and the main difference is that, unlike a refugee, a forced migrant enjoys all the rights of Russians. They are recognized as citizens of the Russian Federation and foreigners legally residing on its territory.

A person who has committed a serious crime of a non-political nature before arriving in Russia, or who is actually suspected of committing a crime against peace and humanity, or a war crime, cannot be recognized as a refugee. (We must especially take into account this particular point, especially regarding the crossing of our border by deserters from the Ukrainian army). Also, a person for whom the competent authorities of the state in which he resided recognizes the rights and obligations associated with the citizenship of that state cannot be recognized as a refugee. This refers, first of all, to unpaid taxes and conscription military service(Although in the situation with Ukrainian citizens, on their part all these bureaucratic formalities may well not be observed). If we answer the question of where the line between displaced persons and refugees is, then according to the official UN statute, only those who fled violence and wars are considered refugees, but not their descendants born on another land.

How to obtain refugee status

It is necessary to know that in a strictly legal sense, a person does not become a refugee as such after recognition, but becomes a refugee due to the occurrence of already existing circumstances. In other words, a person is recognized as a refugee because he is a refugee. Recognition of a person as a refugee provides for:

1) applying for recognition as a refugee (hereinafter referred to as the application);

2) preliminary consideration of the application;

3) making a decision to issue a certificate of consideration of the application on the merits (hereinafter referred to as the certificate) or to refuse to consider the application on the merits;

4) issuance of a certificate or notice of refusal to consider the application on the merits;

5) consideration of the application on its merits;

6) making a decision on recognition as a refugee or refusal to recognize a refugee;

7) issuance of a refugee certificate or notification of refusal of refugee recognition.

When crossing the border legally, the law does not establish a time limit for filing an application for refugee status. If a person crossed the border of the Russian Federation illegally, then any border control agency or migration service agency should apply for refugee status as quickly as possible. It must be borne in mind that the daily application period begins from the hour of crossing the State border of the Russian Federation.

In the petition (or questionnaire), he will need to briefly outline, if possible, all the most important circumstances for which he was forced to leave his place of permanent residence (ethnic strife, hostile campaigns, riots and pogroms, death of relatives due to ethnicity, etc. ), because it makes a huge difference.

A certificate of consideration of an application for recognition of a person as a refugee is a document identifying the applicant. Upon receipt, the potential refugee submits a national passport or other identification document for storage at the immigration control post or to the Migration Department of the Main Internal Affairs Directorate of the constituent entity of the Russian Federation.

If a person already has a residence permit in the Russian Federation, then his application is not considered and the granting of refugee status is refused. It is believed that such a person can settle down on his own and does not require government guarantees provided to refugees.

The certificate is the basis for registration with the internal affairs agency. The certificate is also the basis for a person and his family members to receive a referral to a temporary placement center. Upon receipt of the Certificate, the person is paid a one-time cash benefit in the amount of one minimum wage, and is given a referral to the Temporary Accommodation Center for refugees or persons applying for recognition as such.

Refugee status is granted for a period of up to three years (usually for three years), then it can be extended by decision of the territorial department of the Federal Migration Service of the Ministry of Internal Affairs of Russia, provided that the circumstances for which the person is recognized as a refugee remain in the state of citizenship (former usual place of residence) of the person.

When granted refugee status, a refugee certificate is issued. Information about family members recognized as refugees who have not reached the age of eighteen is entered in the certificate of one of the parents.

If recognition as a refugee is denied, a person has the right to appeal this decision to a higher authority or to court.

How to solve refugee problems

Of course, in the situation with Ukraine, one cannot throw around critical statements and succumb to panic attacks, but one also cannot turn a blind eye to the risks that refugee flows pose. There is also the risk of disease outbreaks in displaced persons camps, as happened during the tragic exodus of refugees from Rwanda to Zaire in 1994, when the total number of people qualified as refugees rose to 1.2 million in just one week. This is also the danger that after the relative stabilization of the situation in their homeland, refugees may again find themselves in a whirlpool of wars and chaos, and all measures to protect them will be in vain. This is also the danger of conflicts between refugees and the indigenous population, when the territory becomes overpopulated and people begin to divide it.

This is also a certain burden on the state budget, since the sources of financing the costs of reception, travel, accommodation and accommodation of refugees and forced migrants are federal budget funds allocated for the implementation of federal migration programs, as well as funds from the budgets of the constituent entities of the Russian Federation allocated for the implementation of regional migration programs .

The issues of returning to their places of former residence and restoring the rights of refugees from natural and/or environmental disasters are relatively simply resolved; and also, in a number of situations, political refugees, as was the case after the independence of some African countries or in Cambodia after the fall of the Pol Pot regime. A special practice here are cases of population exchange between states - Turkey and Greece after the Greek-Turkish War in the mid-twentieth century, Poland and the USSR and Poland and Czechoslovakia, on the one hand, and Germany, on the other, after the Second World War. In conflicts on ethnic, racial or religious grounds, the political efforts of the parties and the world community and economic support from international organizations are not enough for the massive return of refugees and the restoration of their rights, especially property rights.

One of the most successful refugee reintegration programs in recent times has been the integration of millions of Mozambicans displaced by civil war in the 1980s and 1990s. In the 90s In Bosnia and Herzegovina, UNHCR assisted 3.5 million people during the conflict that engulfed the former Yugoslavia, causing mass displacement and widespread destruction. One of the most complex emergencies in UNHCR's history was the African Great Lakes crisis, which began in 1994 and displaced millions of people.

Thus, the ideal solution to the refugee problem is to create an exclusive paradise on earth, where there would be no poverty, hunger, civil wars and political repression. If we talk about refugees from Donbass at the moment, then, of course, they need to be provided with all possible assistance and they will not consume any state budget. Moreover, they may even prove useful as skilled labor. But the worst thing is that all these complex operations to accommodate refugees and return them to their homeland were carried out by various international organizations, and now they are either limited to general phrases or simply accompany humanitarian supplies, so we have to rely only on ourselves.