LEGAL STATUS OF REFUGEES IN INTERNATIONAL LAW: THEORETICAL AND LEGAL ANALYSIS AND MODERN PRACTICES

Abstract

This article provides a detailed legal and theoretical analysis of refugee status within the modern system of international public law, focusing specifically on addressing conceptual and terminological gaps that hinder effective rule-making and law enforcement practice. The central problem of the article is the issue of strictly distinguishing between closely related but fundamentally different legal categories - the concepts of "refugee" and "internally displaced person." Based on the 1951 Geneva Convention and the UN Guidelines on Internally Displaced Persons (1998), it has been proven that using these terms as synonyms is a serious legal error. The article substantiates the need for a clear demarcation in national legislation: refugee status arises only upon crossing an international border, while a displaced person remains under the jurisdiction of their state.
The article pays special attention to analyzing the national experience of the Republic of Uzbekistan, specifically the unprecedented "Mehr" humanitarian operations for the return of women and children from armed conflict zones in the Middle East and Afghanistan. The article provides a clear legal answer to the question of the relationship between these operations and the institution of refugee protection: it proves that the repatriation of its citizens is a realization of the state's constitutional obligations and international legal norms on the right to return, and that it has no legal connection with the institution of providing asylum to foreigners. Nevertheless, the successful experience of psychosocial rehabilitation of repatriates testifies to Uzbekistan's high level of institutional readiness to implement international standards for protecting vulnerable populations.
The article presents a distinct author's approach, viewing the implementation of international norms not only as an obligation but also as a strategic tool for strengthening the rule of law and the state's international prestige. Modern challenges in international refugee law are analyzed, including the risk of "epistemic injustice" when using artificial intelligence algorithms in climate migration and asylum procedures. The article puts forward a set of scientifically grounded proposals for improving national legislation. As the most important of these, it is strongly recommended that the Republic of Uzbekistan ratify the 1951 Convention and the 1967 Protocol on the Status of Refugees, as well as develop and adopt a specialized Law "On Refugees and Asylum".