Polivanova O. The Legal Framework of the Freedom of Movement of Physical Persons in the European Union.

The dissertation investigates the mechanisms of international legal regulation of freedom of movement of physical persons in the law of the European Union. Nowadays in the international legal doctrine has been developed a point of view according to which the freedom of movement is fundamental and necessary right of a person for the proper use of all the other individual rights. The rules governing the freedom of movement are usually installed by a particular state and do not apply to the territory of other states. In this sense, the European Union is interesting as an integrative formation that incorporates the majority of European countries and extends the freedom of movement for the total area of all member states. Freedom of movement of persons in the European Union is closely related to such terms as: the prohibition of discrimination, internal market and citizenship. The author defines the freedom of movement of physical persons in the European Union as rights of EU citizens and their families to exercise legally free movement and residence within the EU, employment, economic activity and to enjoy social rights in all EU member states; this right is carried out, notwithstanding the nationality of these people, and applies to both employees, persons who have the right to create businesses, individuals who provide services and to economically inactive people (students, pensioners, etc.) and third-country nationals and their families who based on agreements between EU and its member states on one side, and those third countries - on the other, enjoy rights in the area of free movement equivalent to the rights of citizens of the Union. The thesis deals with the peculiarities of legal regulation of freedom of movement for certain categories of EU citizens and legal grounds for restrictions on the right of free movement of persons in the EU. Based on realized research in the thesis is substantiated the view that at the present stage the legal conditions of use of the right to free movement by EU citizens allow not only workers but also economically inactive citizens to move to other EU member states for permanent residence. The thesis reveals the features of limitations on freedom of employment in the public service for citizens of other member states and highlights restrictions for employment that apply to nationals of Bulgaria and Romania in some EU member states. The author highlights legal means of increasing the freedom of movement of EU citizens for the third country nationals, as well as the characteristics of cooperation between Ukraine and EU on the introduction of free movement and visa free regime for citizens of our state. This emphasizes the large role played in this respect by the effective functioning of the Schengen system. On this basis, there was concluded the impossibility of the introduction in modern conditions of common standards and requirements of free movement and employment for third country nationals in EU member states. The current Agreement on Partnership and Cooperation between Ukraine and EU was aimed only to create conditions for future dissemination of the principles of freedom of movement of persons for Ukrainian citizens. In the treaty there are no clear obligations of the parties in this area. The provisions of the agreement are obliged to avoid discrimination on working conditions, remuneration or dismissal from work of Ukrainian citizens who work in the member states compared to their own citizens, but does not provide access to the freedoms of the internal market for Ukrainian citizens. The thesis analyzes the compliance of Ukrainian legislation with applicable international and European standards on the protection of rights of migrant workers and their families.