Legal regime of stay in the EU of citizens of Ukraine

Abstract

The article focuses attention on the factors that became catalysts for the adoption of Council Implementing Decision (EU) 2022/382, which establishes the presence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC and introduces temporary protection. The above-mentioned decision became the basis for the appearance of a legal regime for the stay of Ukrainian citizens in the EU, which did not exist before - this is the regime of temporary protection.
 Focuses on the Council conclusions of 27 May 1999 on displaced persons from Kosovo, Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.
 The article highlights all existing legal regimes of a Ukrainian citizen's stay in the EU (temporary protection; tourist; refugee) and characterizes them. It is emphasized that the regime of temporary protection is limited in time, it is not the same as permanent protection and that it provides that EU member states take measures necessary for the voluntary return of persons who enjoy temporary protection or whose temporary protection has expired - to Ukraine. If the legal regime of a tourist - a citizen of Ukraine independently ensures his stay in an EU member state, he does not have the right to work in the EU. Refugee status can be acquired by a citizen of Ukraine who proves that he has a justified danger of being persecuted because of race, religion, nationality, belonging to a certain social group or political beliefs. Under the legal status of a refugee, a person gains access to the labor market if the application for granting refugee status has not received a final review within 9 months.
 It is emphasized that EU law establishes only minimum standards of protection that each EU member state must ensure. National protection standards (EU member countries) are higher compared to EU standards.