PROBLEMS OF IDENTIFICATION OF FOREIGNERS AND STATELESS PERSONS DURING ADMINISTRATIVE OFFENSE CASES INITIATED BY THE STATE BORDER SERVICE OF UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 75)Publication Date: 2024-05-31
Authors : Tsaruk Andrii; Adamchuk Serhii; Baidych Roman; Vybodovskyi Andrii;
Page : 85-94
Keywords : administrative offense protocol; administrative detention; identification; unidentified persons; identification issues; foreigners; stateless persons;
Abstract
Introduction. The modern paradigm shows that illegal migrants, which are foreigners and stateless persons, use Ukraine as a transit country to move to the countries of the European Union and for this purpose hide reliable data about themselves in case of their detention by representatives of the State Border Service of Ukraine.Keywords: administrative offense protocol, administrative detention, identification, unidentified persons, identification issues, foreigners, stateless persons. The article, based on the study of the legislation of Ukraine, analyzes the general approaches to the actions of officials of the State Border Guard Service of Ukraine during the implementation of administrative proceedings regarding an administrative offense, starting from the moment of identifying the signs of such an administrative offense and taking the necessary actions to draw up a protocol on an administrative offense against foreigners and persons without citizenships that violate the requirements of Ukrainian legislation in the border area. The changes that have taken place in the legislation, the norms of the current legislation, which regulate the issue of the ratio of the period of administrative detention and the period of drawing up a protocol on an administrative offense, the problem of identification of a foreign offender (stateless person) and the process of their identification, improvement of the content filling of the current forms of protocols on administrative offenses have been considered. offenses, as well as further actions of officials of the State Border Service of Ukraine in case of impossibility of identification of a foreign offender (stateless person). Considered the competence of the state border protection bodies in relation to granting them the right to make a decision on the forced deportation of foreigners and stateless persons outside the territory of Ukraine, which was previously accepted by the court on the administrative claim of such state border protection bodies. Purpose. The purpose of the article is to identify the existing problems of the administrative and jurisdictional activity of the State Border Service of Ukraine during the implementation of proceedings in cases of administrative offenses in the process of identifying the person who committed the administrative offense, as well as to provide proposals for eliminating existing discrepancies. Materials and methods. The research materials are: 1) regulatory and legal support for foreigners and stateless persons; 2) works of domestic authors, regarding the identification of natural persons.
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