INTERNATIONAL LEGAL FOUNDATIONS OF REPATRIATION

Abstract

The article provides a comprehensive analysis of the international legal framework governing the process of repatriation. It examines the evolution of international legal regulation of repatriation, from the earliest international agreements to modern multilateral conventions and treaties. Special attention is given to the analysis of key international documents that form the legal basis for repatriation processes in the contemporary world.

Fundamental principles of international law regarding repatriation are considered, including the principle of voluntary return, non-discrimination, family unity, and the right to return to the country of origin. The mechanisms for implementing these principles in national legislation across different countries and their practical application are

analyzed.

The study highlights in detail the role of international organizations in repatriation processes, particularly the activities of the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other specialized agencies. Their mandates, functions, and practical contributions to ensuring legal guarantees for repatriates are examined.

A separate section of the article is dedicated to analyzing the legal mechanisms for protecting the rights of repatriates at the international level. The system of international judicial and quasi-judicial bodies that handle cases related to violations of repatriates’ rights is explored, along with an analysis of their case law and key decisions.

The article also addresses problematic aspects of international legal regulation of repatriation in the context of armed conflicts and emergencies. The application of international humanitarian law norms to the repatriation of prisoners of war and civilian populations is examined.

Particular attention is paid to the analysis of international legal mechanisms for protecting the socio-economic rights of repatriates, including the right to work, social security, education, and medical care. International standards for the recognition of repatriates’ qualifications and diplomas are also reviewed.

The conclusions emphasize the necessity for further development of international legal mechanisms for protecting repatriates’ rights, strengthening international cooperation in this field, and improving monitoring procedures to ensure compliance with international obligations by states.