Issue: № 5/1, 2021
Doi: https://doi.org/10.37634/efp.2021.5(1).7
Introduction. Today, the issue of administrative and legal status of foreigners is very important because our country needs clearer and more regulated legislation, which will not allow such phenomena as illegal migration, abuse of rights of foreigners in our country, non-compliance with duties, which leads to a violation of the law. In turn, the legislation must meet all requirements and not violate well-known human values and freedoms, so it is subject to change to improve the life of every person, regardless of his position in the state. Scientific research on foreigners and their legal and social status has been done by many researchers. Among them are such scientists as L. Voevodin, M. Inshin, T. Kirilova, M. Matuzov, M. Vitruk, O. Skakun, M. Mochulska., V. Marchenko, T. Drakokhrust, V. Zui, I. Boyko, et.al. The purpose of the paper is to study the administrative and legal status of foreigners in Ukraine, to compare Ukrainian legislation with the international standards, to analyze statistics and court practice on issues of foreigners, to analyze of scientific approaches to understanding the concept of “foreigner”. Results. With the proclamation of Ukraine as an independent state, the issue of the legal status of foreigners has become quite relevant and often studied among researchers. Certain gaps in the legislation create some problems of interaction between the country and foreigners, which can lead to restrictions on the inalienable rights and freedoms of foreigners. The paper analyzes the legal status of foreigners on the basis of research by scholars and legislation for a broader understanding. In addition, ways to solve problems are suggested in this work. The paper analyzes the case law as an example of how gaps in the legislation affect the process of expulsion or return of foreigners. Conclusions. After analyzing the current legislation on the rights and freedoms of foreigners and stateless persons, it can be stated that the rights and freedoms of foreigners and stateless citizens almost completely coincide with the rights and freedoms of citizens of Ukraine. Although foreigners are subject to individual restrictions on entry into Ukraine and the possibility of returning and forcibly expelling foreigners and stateless persons from Ukraine, such measures are used solely to protect the Ukrainian people and cannot be used unreasonably. It is important for every foreigner to be able to defend their rights and appeal to higher authorities in accordance with international standards. In practice, return and expulsion procedures are not always carried out effectively, which can lead to a significant delay in the procedure, which indicates that the implementation of these measures by special bodies is not yet perfect. Based on statistics and a review of current realities, we conclude that now is the right time to modernize the mechanisms for cooperation between special bodies and foreigners and give foreigners a wider range of rights before joining the EU and after Covid-19 time.
Keywords : foreigners, administrative and legal status of foreigners, stateless persons, forced return, forced expulsion, coercive measures
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