Ensuring the constitutional right to housing of internally displaced persons in Ukraine and countries that have experienced armed conflicts: comparative legal characteristics

Abstract

The article is devoted to the analysis of the constitutional right to housing and its provision to internally displaced persons in Ukraine and countries that have experienced armed conflicts (using the example of Bosnia and Herzegovina, Croatia and Georgia).
 The article analyzes the content of the constitutional right to housing and its implementation in Ukraine. An analysis of the main regulatory legal acts is presented, according to which the procedure for implementing and ensuring this right of internally displaced persons is carried out. The system of such documents consists of: the Constitution of Ukraine; Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons"; Housing Code of Ukraine; The procedure for the formation of housing funds intended for temporary residence, accounting and provision of such housing for temporary residence of internally displaced persons; The procedure and conditions for providing subvention from the state budget to local budgets for the purchase, construction of housing for the purpose of transfer for temporary residence of internally displaced persons and the Procedure for providing housing purchased by the State Youth Housing Department at the expense of humanitarian and other aid funds for temporary residence of affected persons.
 Particular attention in the work is given to the analysis of the definition of internally displaced persons under the legislation of Ukraine and the countries whose practices are under consideration. It is argued that all the studied definitions justify the reason for the forced abandonment of a person's permanent place of residence and, as a general rule, such relocation occurs as a result of an armed conflict, due to military danger, a threat to the life of a person or a member of his family. The legal status of internally displaced persons in the countries under consideration is defined in relevant legal documents, such as: Law on Refugees from Bosnia and Herzegovina and Displaced Persons in Bosnia and Herzegovina; The Law on the Status of Displaced Persons and Refugees in the Republic of Croatia and the Law of Georgia on Internally Displaced Persons - Persecuted from the Occupied Territories of Georgia.
 It is argued that the widespread practice of ensuring the housing rights of internally displaced persons is the provision of temporary housing and the construction of a new one, attracting funds from international funds.