ROLE OF THE GOVERNMENT COMMISSIONER FOR THE EUROPEAN COURT FOR HUMAN RIGHTS IN REFUGEE STATUS, SUBSIDIARY AND TEMPORARY PROTECTION CASES

Abstract

Article analyzes peculiarities of the administrative legal status and participation of the Government Commissioner for ECtHR in resolving cases regarding the status of refugees, subsidiary and temporary protection in order to further systematize international experience in this area, as well as to consider improving legislation and state policy in Ukraine on the provision of international protection and improvement of the regulation of the legal status of the Commissioner. It is established that the Government Commissioner for ECtHR plays a significant role in the consideration of cases regarding asylum. In view of the absence of a proclamation of the right to asylum or international protection by the European Convention for the Protection of Human Rights and Fundamental Freedoms, the main categories of cases of international protection considered by the ECtHR with the participation of the Government Commissioner are defined. These include cases of violation of Article 2 of the ECHR (right to life), Article 3 of the ECHR (prohibition of torture), Article 8 of the ECHR (right to respect for private and family life), Protocol No. 4 to the ECHR (prohibition of collective expulsion of aliens), Article 1 of the Protocol No. 7 to the ECHR (procedural safeguards relating to the expulsion of aliens), as well as Article 6 of the ECHR (right to a fair trial). The tasks of the Government Commissioner for the ECtHR in considering cases on the granting of international protection can be defined as analyzing the validity of the applicants' claims, verifying whether the applicant has exhausted all national remedies, representing the position of the state before the ECtHR, as well as ensuring interaction between national authorities and the ECtHR. The Commissioner carries out coordinating the activities of government structures to provide information to the ECtHR, as well as participating in the implementation of ECtHR judgments in cases concerning asylum seekers and beneficiaries of international protection. It has been established that the legal regulation of the participation of the Government Commissioner for the ECtHR at the international protection cases remains insufficiently regulated. To increase the effectiveness of this activity, it is proposed to adopt specialized regulations that would consider the specifics of asylum/international protection cases, to bring the national legislation of Ukraine in full compliance with international standards, in particular the UN Convention relating to the Status of Refugees and the legislation of the European Union.