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Ukraine: On amendments to some legislative acts of Ukraine on recognition as a stateless person

16 June 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

Ukraine: Law of Ukraine on Amending Certain Legislative Acts of Ukraine regarding Recognition as a Stateless Person

16 June 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

CASE OF M.S. v. SLOVAKIA AND UKRAINE (Application no. 17189/11)

The applicant complained that the Slovakian authorities, having arrested him after he had crossed from Ukraine, had failed to inform him of the reasons for his arrest, in violation of Article 5 § 2 of the Convention. They had then returned him to Ukraine, where he had been detained in inadequate conditions in disregard of his alleged status as a minor, in breach of Article 3. He had been unable to participate effectively in the proceedings concerning his detention, and had eventually been returned to Afghanistan in the absence of an adequate assessment of the risks he had faced there, in breach of Article 3, Article 5 §§ 1, 2 and 4, and Article 13 of the Convention. Lastly, he alleged, under Article 34, that an NGO representative had been denied access to him in Ukraine, preventing him from lodging an application for an interim measure with the Court.

11 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children's rights - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers | Countries: Afghanistan - Slovakia - Ukraine

UNHCR Ukraine Legislative Updates May-June 2020

June 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

UNHCR Observations on the New Version of the Draft Law on Granting Protection to Foreigners and Stateless Persons (Ukraine)

May 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

UNHCR Ukraine Legislative Updates (April 2020)

April 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

The Supreme Court Resolution of 25 March 2020

In January 2015, the applicant’s house was destroyed by ordnances. A commission examined the level of destruction and recognized it as inevitable. The applicant referred to the court claiming a compensation according to the Civil Protection Code, the Law on combatting terrorism and the Protocol 1 to the European Convention on Human Rights (ECHR). The requested amount of compensation was 1 156 356,50 UAH. The applicant’s claim was rejected in the lower instance courts. The applicant appealed the decisions of the lower-instance courts and reached the Supreme Court. The latter decided that the applicant is entitled to compensation due to the state’s failure to elaborate the relevant compensation mechanism as a protection measure of the property right. Ukraine is now obliged to compensate for the damaged housing under Protocol 1 to the ECHR. There is no clear mechanism on the payment of compensations though. Therefore, the Court assigned 100,000 UAH of compensation from the State Budget of Ukraine, which is much lower than an applicant requested. However, the decision is final and cannot be disputed in Ukraine.

25 March 2020 | Judicial Body: Ukraine: Supreme Court | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Rule of law / Due process / Procedural fairness - Ukrainians | Countries: Ukraine

UNHCR Ukraine Legislative Updates (March 2020)

March 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

AJ (Ukraine)

This is an appeal against a decision of a refugee and protection officer declining to grant refugee status or protected person status to the appellants who are a mother (the mother) and son (the son). The mother is a citizen of the Ukraine. She is also a Russian citizen. The son was born in New Zealand. There is some dispute concerning his nationality but, as will be seen below, the Tribunal finds him to be entitled to Ukrainian citizenship.

17 February 2020 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Citizenship / Nationality law - Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: New Zealand - Ukraine

UNHCR Ukraine Legislative Updates (February 2020)

February 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

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