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PROBLEM ISSUES OF FORCED RETURN AND FORCED EXPULSION OF FOREIGNERS BY THE STATE BORDER SERVICE OF UKRAINE: ADMINISTRATIVE AND LEGAL ASPECT

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 76)

Publication Date:

Authors : ; ; ; ;

Page : 66-74

Keywords : forced return; forced deportation; foreigners; stateless persons; state border protection bodies; administrative offenses; State Border Service of Ukraine;

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Abstract

Introduction. Foreigners who violate the legislation of Ukraine on the state border and are illegal migrants use loopholes in the legislation of Ukraine in order to use our state as a state for further transition to the countries of Western Europe. The article, based on the study of the legislation of Ukraine, analyzes the general paradigm regarding the issue of forced return and forced deportation of foreigners who have violated the legislation on the state border, and the rights of the State Border Guard Service of Ukraine regarding this issue during administrative and jurisdictional activities. The normatively established requirements of the current legislation reflecting the issue of forced return and forced expulsion of foreigners from the territory of Ukraine were considered. The competence of the state border protection authorities of the State Border Service of Ukraine regarding issues of forced return and forced expulsion of foreigners from the territory of Ukraine was considered. Purpose. The purpose of the article is to establish the problems that exist today regarding the issues of forced return and forced expulsion of foreigners from the territory of Ukraine. Materials and methods. The research materials are: 1) regulatory and legal provision regarding the forced return and forced expulsion of foreigners from the territory of Ukraine; 2) works of domestic scientists regarding the forced return and forced expulsion of foreigners from the territory of Ukraine. During the research, the following scientific methods were used: theoretical generalization and grouping (in order to characterize the process of forced return and forced expulsion of foreigners from the territory of Ukraine); analysis and synthesis (in order to build a reflection of the process of forced return and forced expulsion of foreigners from the territory of Ukraine); logical generalization of the results (for the purpose of formulating conclusions). Results. The research materials are: 1) regulatory and legal provision regarding the forced return and forced expulsion of foreigners from the territory of Ukraine; 2) works of domestic scientists regarding the forced return and forced expulsion of foreigners from the territory of Ukraine. The collision of the norms of the current legislation regarding the forced return and forced deportation of foreigners and stateless persons who have committed violations on border issues is highlighted. Amendments to the current legislation are proposed in order to expand the rights of state border protection authorities within the framework of the procedure of forced deportation and return of such persons. Prospects for further research on this issue are the development of mechanisms to simplify the forced return and forced expulsion of foreigners from the territory of Ukraine.

Last modified: 2024-12-17 21:41:52