Temporary protection: origin, evolution, essence

Abstract

The article is devoted to the institution of temporary protection, as an exclusive means of providing assistance to forced migrants in the conditions of their sudden mass arrival. It was born as a response to extraordinary situations, but over time it developed into a generally accepted norm, included both in the national legislation of many states and in international legal documents, in particular, the common migration law of the European Union. The objective circumstances of the arrival of refugees from the areas of hostilities led to the development and consolidation of temporary protection procedures in the legislation of Ukraine. The article examines the reasons and circumstances of the emergence of temporary protection in the context of the general humanization of international law and the improvement of human rights protection mechanisms, as well as examples of its practical application. It was concluded that, firstly, temporary protection is a pragmatic way to solve the problems caused by the arrival from abroad of a large number of refugees as a result of various kinds of cataclysms and to provide emergency assistance to their victims. Second, as an extraordinary measure, it can be successfully applied even when the capacity of the asylum system is limited or absent. Thirdly, the temporality of protection is quite relative and largely depends on the situation in the country of origin of the refugees, as well as the policy of the receiving country towards forced migrants who have been granted this status. As a result of the full-scale Russian-Ukrainian war about 5 million citizens of Ukraine are currently use temporary protection in European countries. The peculiarities of their legal status should be taken into account when developing political and legal decisions regarding the return of refugees to the Motherland, in cooperation on this issue with countries of their stay. Further studies of legal norms regarding temporary protection and their practical implementation remain relevant in view of their importance for millions of forced migrants from Ukraine, as well as in connection with the need to improve asylum legislation in accordance with European standards as a component of the country’s European integration.