PECULIARITIES OF THE LEGAL STATUS OF FOREIGNERS AND STATELESS PERSONS IN ADMINISTRATIVE PROCEEDINGS

In connection with the commitments made regarding the direction of European integration, Ukraine faces a number of challenges. Protection of human rights and freedoms is one of the most important functions of the state. Despite active military actions, there are a large number of foreigners and stateless persons reside temporarily or permanently in Ukraine. Modern realities of life (and in order to ensure rights, freedoms and interests) require defining the specifics of the legal status of foreigners and stateless persons in administrative proceedings. It has been analyzes the concept of the legal status of a person, the administrative-legal status of foreigners, the concept of foreigners and stateless persons. It has been determined the legal bases of the legal status of foreigners and stateless persons in accordance with national legislation. In addition, it is stated that in accordance with the provisions of Art. 20 of the Code of Administrative Procedure of Ukraine, administrative courts are responsible for the trial of certain cases involving foreign stateless persons on the territory of Ukraine, such cases include cases of forced return to the country of origin or a third country of foreigners and stateless persons; forced deportation of foreigners and stateless persons outside Ukraine; detention of foreigners or stateless persons for the purpose of their identification and (or) ensuring forced deportation outside the territory of Ukraine and others. Attention was focused on a separate category of cases regarding the forced return to a third country or the country of origin of foreigners and stateless persons, since such cases are also considered within the scope of administrative proceedings. It has been determined that there is a problem of legal qualification, since a foreigner is subject to both the law of the state where he/she permanently or temporarily resides, and the law of the state of which he/she is a citizen. It has been noted that Ukraine should not only declare the protection of the rights and freedoms of foreigners and stateless persons, but also provide an effective mechanism for effective protection.