Тимчасовий захист громадян України в ЄС у контексті світових міграційних процесів та війни в Україні

The article analyzes the problems of temporary protection of Ukrainian citizens in the European Union through the prism of global migration processes and the war in Ukraine. It is noted that the EU Member States, cooperating in the field of granting European protection status to persons facing a real threat in the country of transit or country of origin, have assumed political, legal and moral responsibility for the lives of these persons, the protection of their rights and legitimate interests, and the organization of social and economic support for their existence within the EU. Given the prospects for Ukraine to become a full member of the EU, a comprehensive study of a regulatory, legal and institutional measures implemented in the current conditions of the war in Ukraine by the Russian Federation, as well as the analysis and forecasting of the potential consequences of the acts in the field of temporary protection of Ukrainian citizens, which together constitute the so-called migration pact of the European Union, are of particular relevance in the context of the updated political and legal agenda of the EU regarding Ukraine. In addition, the accumulated European experience in legal support for integration policy in the field of forced migration may influence the development of legal regulation of relevant social relations within the framework of joint integration projects of the EU and Ukraine in terms of the integration of our state into the European community. Full-scale aggression against Ukraine has created new challenges and threats for countries: for Ukraine as a victim of aggression; for EU countries as states that provide temporary shelter to Ukrainian citizens fleeing the war; for other countries that host Ukrainian refugees. Ukrainian citizens who are forcibly staying in the countries of the European Union have the right to obtain temporary protection status (in accordance with the terms of the Temporary Protection Directive (TPD). It was emphasized that due to Russia’s military aggression against Ukraine, millions of people have fled the war, seeking asylum in the countries of the European Union. The EU stands in full solidarity with Ukraine and its people. In response to Russia’s aggression, the EU has demonstrated unity and strength and provided Ukraine with coordinated humanitarian, political, financial and material support. In particular, specific measures have been taken to provide assistance to refugees from Ukraine, namely: a temporary protection mechanism for Ukrainians in the EU, humanitarian assistance to internally displaced persons in Ukraine, support for the civil protection of Ukraine, countries hosting refugees (the Czech Republic, Poland, Slovakia and the Republic of Moldova), as well as the UN Refugee Agency, financial and technical support to Member States hosting refugees, support for border control for EU countries hosting refugees. It is concluded that the practice of European states regarding refugees shows the desire for comprehensive cooperation. At the same time, legal regulation in this area reflects the internal policy of states regarding the provision of asylum. Asylum is the provision of protection by the state to a forced migrant, which consists in a guarantee of non-return to a country where he is threatened with the danger of such persecution (the principle of non-Refoulement), the possibility of temporary or permanent residence and the provision of such a person with fundamental human rights and freedoms. An unconditional achievement of the international legal system for the protection of refugees can be called the additional consolidation of the institution of temporary asylum.