World practice of regulating the legal status of stateless persons: experience for Ukraine
DOI:
https://doi.org/10.34079/2518-1319-2026-16-31-102-108Keywords:
statelessness, stateless persons, international law, legal status, integration, statelessness determination procedure, human rights, безгромадянство, особи без громадянства, міжнародне право, правовий статус, інтеграція, процедура визначення безгромадянства, права людиниAbstract
The article examines the global practice of regulating the legal status of stateless persons and identifies the main models of legal regulation within international and comparative legal frameworks. It is argued that statelessness is not only a legal anomaly but also a systemic human rights violation that results in long-term legal uncertainty and social exclusion of individuals who are not considered nationals by any state.
The study analyzes key international legal instruments, including the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, as well as the role of the United Nations High Commissioner for Refugees in shaping global policy in this area. Particular attention is given to the evolution from declarative protection mechanisms toward the establishment of statelessness determination procedures and integration-oriented approaches.
The article identifies three main models of regulating the legal status of stateless persons: the temporary residence model, the specific legal status model, and the integration-oriented model. It is demonstrated that the integration-oriented model is the most effective, as it ensures not only legal recognition but also the actual socio-economic inclusion of stateless persons.
The situation in Ukraine is separately analyzed, where despite gradual alignment with international standards, significant challenges remain, including the absence of an effective statelessness determination procedure, limited rights, and administrative barriers. The impact of armed conflict and internal displacement on increasing statelessness risks is also highlighted.
The study concludes that a comprehensive reform of Ukraine’s national legal system is necessary, including the establishment of an effective statelessness determination procedure, expansion of the legal status of stateless persons, and implementation of integration measures in line with international standards.
