Author
Ukrainian legislation foresees the appointment of a legal representative to an unaccompanied child. The appointment of a legal representative does not differ depending on the procedure.[1] The legislation establishes the following list of institutions and persons who might be appointed as a legal representative: foster parents, foster carers, administration of a healthcare facility, and educational or other children’s institutions.[2] Considering the relatively low number of arriving unaccompanied children, the sufficiency of legal representatives should not be an issue.
A legal representative shall be appointed by the guardianship authority without delay.[3] In case an unaccompanied child crosses the border and claims the intention to be recognised as a refugee or person in need of complementary protection, the SBGS should immediately notify the SMS and the guardianship authority.[4]
Representative to an unaccompanied child upon receipt of a communication about the identification of an unaccompanied minor immediately proceeds to the place of identification of such a child.[5]
Ukrainian laws specify two options in the case of legal representative:
- the guardianship authority appoints a representative of an unaccompanied minor as a servant of the Service for Children;
- a foster carer, head of a healthcare, educational or other children’s institution to which an unaccompanied child is temporarily placed.[6]
Ukrainian legislation set forth the following duties of a legal representative of an unaccompanied minor:
- making an application in the interest of an unaccompanied child;
- participate in all proceedings held by the SMS during the consideration of the application;
- represent child before public authorities and courts;
- appeal in the interest of a child.[7]
In the 2024 Communication of Ukraine to the Committee of Ministries, the Government assured that in the course of the asylum procedure, the unaccompanied minors were ensured all the rights in accordance with the law, the SMS took measures to identify parents or other legal representatives of the minors, the participation of a legal representative and lawyer was ensured.[8]
[1] Section II(2.3) Rules for the Consideration of Applications.
[2] Article 1(6) Law on Refugee.
[3] Section II(2.3.1) Rules for the Consideration of Applications.
[4] Section II(2.3.1) Rules for the Consideration of Applications.
[5] Para.13(1) Procedure of Interaction between State Bodies in Age Assessment of Unaccompanied Children.
[6] Para.12 Procedure of Interaction between State Bodies in Age Assessment of Unaccompanied Children.
[7] Para.13(1-11) Procedure of Interaction between State Bodies in Age Assessment of Unaccompanied Children.
[8] Committee of Ministers, 1507th meeting (September 2024) (DH) – Action plan (02/07/2024) – Communication from Ukraine concerning the group of cases of Kebe and Others v. Ukraine, 11 July 2024, DH-DD(2024)779, available here.