Author
National forms of protection
There are two legal statuses providing international protection in Ukraine: 1) refugee status and 2) status of a person in need of complementary protection.[1]
According to Ukrainian legislation, there are also national statuses such as asylum and temporary protection.
If the procedure for granting international protection is determined at the national level, Ukrainian legislation does not contain a clear definition of the term “asylum” or the procedures for granting it. According to the Constitution of Ukraine, the President of Ukraine makes decisions on granting asylum in Ukraine. This is stipulated in paragraph 26 of Article 106 of the Constitution of Ukraine, which refers to the granting of asylum to individuals persecuted for political offences specifically on the territory of Ukraine. And this is, in fact, the only reference to “asylum”.
Temporary protection in Ukraine is granted by the Cabinet of Ministers in cases of mass arrival of persons from a neighbouring country due to extraordinary circumstances. It is provided for a period of up to one year, with the possibility of extension for another year, and beneficiaries receive an official certificate. Persons under temporary protection have the right to accommodation, food, medical assistance, employment, education (for children), financial support, freedom of movement, voluntary return, and to apply for refugee status. They are obliged to comply with Ukrainian laws and undergo registration, medical examination, and identification. Temporary protection is funded from the state budget and may also be supported by international organizations. It ceases if the circumstances in the country of origin change or the person moves to another country, and it can also be terminated or withdrawn if the person applies for refugee status or commits serious crimes.[2]
Neither asylum nor temporary protection has ever been granted to anyone in Ukraine.
Return procedure
If a person fails to exercise their right to appeal within five working days from the date they were officially notified in writing of the decision to refuse recognition as a refugee or a person in need of complementary protection, the SMS withdraws the MSID and returns the national passport and other documents (if any are kept in the applicant’s personal file).
A person who has received a notice of refusal to be recognized as a refugee or a person in need of complementary protection and has not exercised their right to appeal must leave the territory of Ukraine within the prescribed period, unless there are other legal grounds for staying in Ukraine.[3]
Foreigners and stateless persons who have received a notice of refusal to be recognized as refugees or persons in need of complementary protection, who have lost or been deprived of such status and did not exercise their right to appeal, as well as persons who received a notification of rejection of their complaint against the refusal to process documentation for the determination of refugee or complementary protection recognition and did not appeal this decision in court, or those who received a court decision upholding the refusal to initiate such documentation, must voluntarily return to their country of origin or a third country within the prescribed period if they do not have other legal grounds for staying in Ukraine as provided by the law.[4]
There is currently no available information on the number of return decisions issued after rejected asylum applications where appeals are still ongoing.
Since the beginning of Russia’s full-scale invasion of Ukraine, Ukraine has not had a functioning border crossing point with the Russian Federation for the execution of forced expulsion decisions. However, this has not prevented the adoption of such decisions.[5]
At the same time, when a decision on forced expulsion was challenged in court, the courts took into account the technical impossibility of carrying out the expulsion, the severance of diplomatic relations, and the complicated conditions for contacting the Russian embassy and consular institutions.[6] When courts cancel decisions on forced expulsion, individuals are not returned. Some of them remain in Ukraine without a regular legal status, while others seek legal grounds to stay, such as applying for asylum or other residence permits. [7]
[1] UNHCR, Forms of Asylum and Refugee protection, available here
[2] Chapter IV Law on Refugees.
[3] Article 10 Law on Refugees.
[4] Article 25 Law on Foreigners.
[5] Practice-based observation by R2P.
[6] Unified State Register of Court Decisions, case № 505/3945/23, available in Ukrainian here.
[7] Practice-based observation by R2P.