The situation of Ukrainians in the Time of Russian Full-Scale Military Aggression

Abstract

The objective of this article is to analyse the legal situation of Ukrainian nationals following 24 February 2022 from the perspective of migration processes. The analysis focuses on legal measures adopted at the level of the European Union, by Member States neighbouring Ukraine – exemplified by Poland – and by Ukraine itself. Ukrainians were given temporary protection, based on the provisions of Council Directive 2001/55/EC and Council Implementing Decisions (EU) 2022/382, both the acts having led to the adoption of uniform standards of their protection, which are to be observed across EU Member States. At the same time, each Member State has enacted separate legal instruments specifying the manner in which the refugees’ rights granted under EU law are to be exercised within its territory, thereby establishing the legal framework for a safe stay, along with the possibility of full participation in the host country’s economic and social life. With regard to the measures adopted by the Ukrainian authorities, it should be noted that they focus on reconciling the right to freedom of movement with the need to maintain the state’s defensive potential. Particularly, this is sensitive area, as it concerns, on the one hand, the exercise of one of the constitutional freedoms of Ukrainian citizens and, on the other hand, the necessity of ensuring state security, including its defence capabilities. The measures discussed indicate a graduał tightening of legal provisions aimed at preserving military capacity and preventing abuses intended to evade mandatory service in defence of the country. Furthermore, the legal situation of internally displaced persons, who have been granted social assistance by the Ukrainian authorities, is also addressed. The considerations taken in this article support the thesis that only coherent measures – at the level of the European Union, its Member States, and the Ukrainian authorities – can serve to stabilise the situation of Ukrainian nationals in the context of the ongoing Russian aggression.