Réka Friedery, Csaba Weiner, Boldizsár Szentgáli-Tóth (eds)

Refugees, Resources, Security, and Beyond

Legal and Broader Impacts of the War in Ukraine on Hungary and Poland


Childcare and evidence of unattended children

Shortly after the migration of the Ukrainian population had begun, a serious and urgent problem became apparent: there was a significant number of children arriving either unaccompanied or belonging to a care system unknown to Polish law. The exact number of unaccompanied minors who arrived in Polish territory from Ukraine has not been determined. On the basis of the collected data, it is possible to speak with high probability about tens of thousands and even more than 100,000 unattended children (Tymińska, 2022). The Polish Special Act introduced—with retroactive effect from 22 February 2022—an institution hitherto unknown to Polish law, i.e. temporary custody. This institution was supposed to regulate the relationship between the children and their de facto guardians, who would thus also assume primary responsibility for the child. Pursuant to Article 25 of the Special Act, a temporary guardian shall be appointed for a child whose stay has been legalised in connection with crossing the border after 24 February 2022 and who remains on the territory of the Republic of Poland unaccompanied by an adult authorised to represent the child and take care of the child’s property. The family court shall appoint a temporary guardian, taking into account the child’s best interests, primarily from among relatives, or other persons guaranteeing the proper performance of the guardian’s duties. If there are no such persons, the child must be placed with a foster family, a family orphanage or in institutional foster care, and a candidate for a temporary guardian is appointed within 48 hours by the social assistance centre. The same person may be the guardian of several children (especially siblings), provided there is no conflict between the interests of the minors. If a child in Ukraine was in a foster family or a family orphanage and has come with a guardian, the court will appoint that person as a temporary guardian. The law also provides temporary custodians and children in their custody with the right to free legal aid.

Refugees, Resources, Security, and Beyond

Tartalomjegyzék


Kiadó: Akadémiai Kiadó

Online megjelenés éve: 2025

ISBN: 978 963 664 122 1

This volume examines the multifaceted consequences of Russia’s 2022 invasion of Ukraine, with a focus on Hungary and Poland. It offers an interdisciplinary exploration of legal, social, and political responses to the war, highlighting the refugee crisis, resource challenges, and security implications. Divided into two parts, the book first addresses the unprecedented displacement caused by the war, analysing refugee protection frameworks, humanitarian assistance, and legal solutions in Hungary and Poland, alongside the specific needs of vulnerable groups. The second part expands the scope to consider broader impacts, including technological and cultural dimensions, energy security, and public discourse in the region. By bringing together contributions from Polish and Hungarian scholars, this volume provides a comprehensive and nuanced perspective on the far-reaching effects of the war, offering critical insights into the legal and socio-political transformations shaping Central and Eastern Europe.

Hivatkozás: https://mersz.hu/friedery-weiner-szentgali-toth-refugees-resources-security-and-beyond//

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