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The Supreme Court Resolution of 14 March 2018

On 14 March 2018, the Supreme Court of Ukraine established the fact that forced displacement in July 2014 of the applicants in a case from the “occupied part of the Luhansk region” occurred as a result of the “armed aggression” of the Russian Federation against Ukraine and the occupation of the part of the Luhansk region by the Russian Federation. Both the first instance court and the court of appeal rejected the application indicating that the establishment of such reasons for internal displacement and its further clarification into a legal fact do not fall under the competence of the court of general jurisdiction. The Supreme Court decided to establish a clear link between the “widely known and accepted fact of the Russian aggression” and the forced displacement.

14 March 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Internally displaced persons (IDPs) - Ukrainians | Countries: Ukraine

Case No. 428/6579/17

30 January 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) - Rule of law / Due process / Procedural fairness | Countries: Ukraine

Case category No. 428/6579/17

Administrative cases; Cases on disputes over the implementation of public policies in the areas of labour, employment and social protection of citizens and disputes in the area of public housing policy, namely, disputes regarding: management, supervision and other administrative functions (assignment, recalculation and implementation of insurance benefits) in the area of the corresponding types of obligatory state social insurance, including: obligatory state pension insurance, including pension insurance for persons dismissed from the public service (military service)

30 January 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) - Rule of law / Due process / Procedural fairness | Countries: Ukraine

VB and Another (draft evaders and prison conditions (CG)

(i) What are the likely punishments for draft evasion in Ukraine (ii) Are prison conditions for draft evaders in Ukraine contrary to Article 3 of ECHR, or has there been a significant and durable change in Ukraine such that the country guidance decision of PS (prison conditions; military service) CG [2006] UKAIT 00016 should no longer be followed?

7 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

Kebe and others v. Ukraine

12 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Border controls - Effective remedy - Grounds for persecution - Refugee status determination (RSD) / Asylum procedures | Countries: Djibouti - Eritrea - Ukraine

AATA Case No. 1505996

4 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Christian - Freedom of religion - Political groups - Political situation - Protests / Demonstrations / Riots / Civil unrest - Religious discrimination - Religious persecution (including forced conversion) | Countries: Australia - Ukraine

Novruk and Others v. Russia

15 March 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): HIV and AIDS - Right to family life | Countries: Kazakhstan - Moldova, Republic of - Russian Federation - Ukraine - Uzbekistan

AB (Ukraine)

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Well-founded fear of persecution | Countries: New Zealand - Ukraine

AC (Ukraine)

25 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Acts of persecution - Appeal / Right to appeal - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Well-founded fear of persecution | Countries: New Zealand - Ukraine

X. v. Belgian State, represented by the State Secretary for Asylum and Migration, Social Inclusion and Poverty Reduction, Aliens Office

29 October 2014 | Judicial Body: Belgium: Cour d'Appel de Bruxelles | Topic(s): Habitual residence - Statelessness - Statelessness Determination Procedures | Countries: Azerbaijan - Belgium - Ukraine

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