The question on the status of refugees

Introduction: The article notes some gaps in the legislation defining the administrative and legal status of refugees. It reveals the insufficient development of the basic concept of "refugee". The article considers the issue of realisation of the fundamental principle of the 1951 Convention relating to the Status of Refugees, which prohibits the country of asylum to expel a refugee to the country of origin, where the latter may be subjected to persecution (Art. 32). In continuation, the author notes that the principle of non-refoulement, being an absolute principle of refugee protection, contains an exception. Materials and Methods: The study is based on a comparative legal analysis of the norms of national legislation and the norms of international law that determine the status of refugees. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, methods of logical deduction, induction, methods of comparison, analysis, generalization and description. The Results of the Study allowed us to formulate proposals aimed at improving the Russian legislation that determines the status of refugees. Findings and Conclusions: As a result of the analysis of the legislation that determines the status of refugees, it should be concluded that the interpretation of the considered concept of "refugee" is ambiguous. According to the author, the uncertainty of the basic concept significantly complicates the administrative procedure for obtaining the desired status. Having considered the implementation of the principle of non-refoulement (Article 32 of the 1951 Refugee Convention), the author concludes that the provision in question contains an evaluative concept, which entails the possibility of violation of the rights of refugees. It Proposes to amend the wording of Article 10, paragraph 5 of the Federal Law No. 4528-1 of 19 February 1993 "On Refugees".