Problems of the implementation of economic rights of internally displaced persons

Abstract

 In the conditions of martial law on the territory of Ukraine there is a need to develop an effective mechanism for exercising the rights of internally displaced persons. The problems of exercising economic rights, in particular, the problems in the field of realization of property rights by internally displaced persons, become especially relevant. The purpose of this article is to analyze research and the main provisions of regulations and draft laws relating to the implementation of economic rights of internally displaced persons. The study of the works of scientists allowed establishing and assessing the state of research of the chosen topic, to identify and investigate the problematic issues that have arisen at the present stage and to identify ways to solve them. In particular, the general problems of protection of the rights of internally displaced persons were outlined, which are the problems of realization of the rights of internally displaced persons of institutionalorganizational, legal and socio-economic nature. Within the framework of this study the analysis of the state of normative regulation of legal relations on the chosen subject of the following main periods was carried out: before the imposition of martial law on the territory of Ukraine and the period related to the armed aggression of the Russian Federation against Ukraine’s sovereignty. It is noted that in the period before the imposition of martial law in Ukraine, the national concept of protection and restoration of property rights of internally displaced persons and internally displaced persons has not been effectively applied. The provisions of the draft Law of Ukraine «On the Principles of State Policy in Transition» of August 9, 2021 are considered. It is proved that for effective legal regulation of problematic issues that may arise in the transition period, it is necessary to timely develop relevant legislation (regulations) that can solve the problems of legal protection of citizens of Ukraine and legal entities of Ukraine, rights and legitimate interests whose property rights have been violated as a result of the armed aggression of the Russian Federation and the temporary occupation of the territory of Ukraine. The existence of problems with the implementation of the Law of Ukraine «On Ensuring the Rights and Freedoms of Internally Displaced Persons» in the field of protection of property rights was identified; their importance and relevance were emphasized. It is established that the legislation of Ukraine in the field of legal regulation of property relations with the participation of internally displaced persons needs to be improved and appropriate changes made that will provide protection and additional guarantees for the exercise of property rights. In particular, they stressed the need to develop a mechanism to restore property rights, create a single database of property of internally displaced persons and adopt a special legal act governing guarantees of compensation for destruction (damage) of property due to hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation. In addition, the need to stimulate the realization of entrepreneurial and innovative potential and further comprehensive scientific and legal research to create optimal conditions and increase the efficiency of entrepreneurial and innovative activities was emphasized.