MINIMUM GUARANTEES AS PART OF THE ASYLUM PROCEDURE

Abstract

Abstract. The whole structure of international refugees’ protection is based on the concepts
of human rights. As the international law of human rights refers to all people, including refugees
despite their legal status, it is the standard for evaluation of quality treatment, which is provided
for refugees or people searching for asylum by asylum countries on their territory. It is especially
important when the countries are not the participants of refugees treaties.
At present, the international law rather poorly reflects the procedural aspects of proper considering
of the application for asylum. Primarily, this is because the state responsibility for carrying
out the obligations depends on how the practice is based.
The purpose of this paper is to consider the basic legal guarantees to be provided to people
seeking asylum. It is stressed that the asylum procedure is a specific procedure. It is emphasized
that the decisions taken in the asylum procedure are usually associated with such rights as the
right to life or the right to be protected from torture or other inhuman attitude.
The minimum guarantees are the part of the asylum procedure, which include: access to the
asylum procedure, the right to be heard, legal aid, linguistic assistance, the right to an effective
legal assistance.
Key words: judicial guarantees, admission to the asylum procedure, the right to be heard,
legal aid, linguistic assistance.