Forcibly displaced persons, refugees, asylum seekers, victims of persecution

is the category of citizens who were forced to leave their places of residence in order to

avoid the negative consequences of an armed conflict.

           Every 113 people in the world belong to the displaced persons category.

UN HighCommissioner for Refugees Filippo Grandi having stated  "This number is

unacceptably huge, and indicates the need to show solidarity and to achieve prevention

and crisis management, and the necessity to step up assistance and protection to

refugees,  internally displaced persons and persons seeking asylum".

           Ukraine is the top ten in terms of the internally displaced persons. The number

of migrants from Donetsk and Lugansk regions of Ukraine and the Autonomous

Republic of Crimea is still has been increasing. The Ministry of Social Policy of Ukraine

reported that according to the Unified Information Database on Internally Displaced

Persons,as of July 15, 2019, 1 million 391 034 people were registered, including half

of the people retirement age.This is without taking into account the fact that because

of the conflict affected not less than 4.4 million men,women and children. Most of them

need legal aid for processing documents, receiving social benefits and pensions, as well

as compensation of destroyed or damaged property.

            Ukraine needs legal certainty on this issue. At the legal level, today there is no

mechanism for compensation of destroyed or damaged housing. Until now, state bodies

do not yet have the political will to develop a legislative extra-judicial compensation

mechanism while violating the constitutional rights of citizens (Article 47 of the

Constitution of Ukraine everyone has the right to housing). At present,

only a judicial form of rights protection is possible, where the court,

in the absence of legal support, refuses to meet the requirements.

            Housing for migrants is a complex issue. There is no nation-wide special

program whereby internally displaced people can purchase housing. All programs

they can use are general and designed for several preferential categories. For example,

for ATO participants, young families, "Affordable Housing" is 50/50. The absence of

a unified mechanism to the protection and support of the IDP leads to a violation

of the human rights to a fair trial guaranteed by the Constitution of Ukraine and

Article 6 of the European Convention on Human Rights. Certainly, this is able to

lead to the massive claims to the ECtHR.

            First, given the specifics of the ECtHR case review, one cannot hope that it

will be fast. At least 5-8, or even 10 years under consideration. Secondly,

in December 2018, the ECtHR made a statement that pending determination

of jurisdiction, which of the two powers Ukraine or Russia, individual complaints

would not be considered. This does not deprive peoples’ right to apply to the

ECtHR, but until an interstate dispute is resolved, individual complaints will simply

lie in the ECtHR.

            The latest history is known for such cases of unrecognized territories where

the Russian Federation played no role.

            In Azerbaijan, the 1987-1994 war led to the 1991 referendum. By voting

99.89% has formed the Nagorno-Karabakh Republic, which is still not recognized by

the world. About 350 thousand displaced persons. In 1999, the Law "On Social

Protection of IDP and Equal Persons" had been adopted. This Law supplemented the

Laws "On Citizenship" and the Law "On the Status of Refugees and IDP", which

measures provided to the social protection of  refugees - from provision of temporary

housing to tax, transport, housing, medical benefits and labor provision.

            Since 2005, the state program of improving the living conditions of refugees

and IDP, and ensuring employment has supplemented it.

            Russia's interference in Georgia's domestic policy led to the loss of the two

territorial units. Because of the South Ossetia War of 1991-1992 and the referendum,

98% of Ossetia voted for independence and joining the Russian Federation.

The self-proclaimed Republic of South Ossetia was formed. In 1992-93, armed conflict

in Abkhazia led to the separation from Georgia, and 200,000 ethnic Georgians - IDP.

            In 1992, a Committee on Refugees and Migration was stablished in Georgia, 

whose duties included registration,  resettlement,  receipt and distribution  of

humanitarian assistance. In 1996, the Committee was transformed into a ministry.

Today it is called the Ministry of Forced Migration, Occupied Territories, Resettlement

and Refugees.

            08/08/2008 The Georgian parliament signed a resolution recognizing the

occupation of South Ossetia and Abkhazia by the Russian Federation, and then

admitted   it as a military occupier.

            Due to the attraction of funds from international donors, Georgia managed

to provide a significant part of IDP with housing. The European Union has allocated

EUR 43.5 million to the needs of the Georgian settlers, whereas 27 were spent on

housing construction. USAID provided the Georgian authorities with $42 million,

most of which were intended for home improvement and the construction of

new centers.

            June 5, 2019, the Georgian diplomatic service defending the fundamental

rights of IDP as a result of ethnic cleansing at the 73rd session of the United Nations,

The UN issued a resolution on the status of IDP and refugees from Abkhazia and

Techenwal region/South Ossetia, which was supported by a majority of votes,

75 against 15, which obliged the Secretary-General UN to make an annual report

on the status of IDP and refugees in Georgia and to implement the terms of the resolution.

            Ukraine has officially declared Georgia's support for refugees and IDP,

but no initiativesto establish its own programs to protect 4.4 million Ukrainian

victims because of Ukraine-Russia armed conflict still does not exist.

Olha Tereshchenko, Ukrainian international lawyer