Levenets A. Municipal legas status of foreigners in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U001982

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

21-04-2017

Specialized Academic Board

К 64.051.31

V.N. Karazin Kharkiv National University

Essay

Object is public relations in the field of installation, maintenance, realization and protection of municipal rights as a member of the local community. The subject of study is a municipal legal status of foreigners in Ukraine. The novelty and significance of the research lies primarily in the fact that for the first time carried out a comprehensive analysis of municipal legal status of foreigners as members of the local community in Ukraine, the necessity of amending the domestic law of Ukraine on the profile regulation constitutional and legal status of foreigners and stateless persons as well as municipal legislation to clearly resolve the composition and structure of the local community to the status of all its members, which base appear on the principles of equality and equal rights to participate in solving local problems. The result of this research was the formulation of a number of innovative theoretical statements and conclusions issued by the protection: For the first time: - proposed amendments to the Law of Ukraine "On Legal Status of Foreigners and Stateless Persons" of 22 September 2011 and its amendments separate section that would systematically regulate all the most important rights and freedoms of foreigners in Ukraine, as well as establishing a century. 3 His distinction between foreigners temporarily residing or staying in the territory of Ukraine of foreigners residing in our country and are part of its population; - based on an analysis of the provisions of international agreements and national legislation proved necessary to amend Art. 36 (right to unite in public organizations, to participate in trade unions), p. 39 (right to peaceful assembly) of the Constitution of Ukraine, to establish these rights not only for the citizens of Ukraine, but also all persons who legally reside in Ukraine; - proved that any person who resides within the local community, regardless of citizenship or other legal status, duration of the residence and other subjective factors have equal rights to participate in the implementation of the EOM, as well as the required level bandages, except those expressly provided by the Constitution of Ukraine; - invited unlike currently existing formal registration of persons in the community, according to which and determined the identity of a person to a particular local community, expanding the list of grounds on which a person (including a foreigner) can be considered a member of the territorial community, namely the existence of its own / leased property, doing business, paying taxes or face paying employer taxes per person, etc .; - recommended the introduction of an authorized local community with integration issues and giving it the appropriate authority in the context of local and national migration policy for the development of municipal assistance programs and protection of foreigners, permanent residents as members of the local community; improved: - scientific approaches to understanding and defining the definitive characteristics of the local community in Ukraine in the context of its component features; - the position that the terms "foreigners member local community" and "immigrant" can be used as equivalent as based on the provisions of the Constitution of Ukraine, members of the local community are "permanent residents" and Law of Ukraine "On Legal Status of Foreigners and Stateless Persons" provides for the possibility of obtaining permanent residence only foreigners were allowed to immigrate to Ukraine and refugees; - Principles on the Role of migration policy in the context of the status of foreigners, members of local community in Ukraine; had received further development: - justification mentioned Statute local community in the mechanism of regulation of municipal rights of members of the local community and the need to develop a model charter of local community in which it is advisable to define the limits and the maximum amount of municipal rights and freedoms and duties of the members of the community and provide an opportunity to expand this volume through new and additional forms of direct participation in the implementation of the EOM. The practical significance of the results. Stated in thesis research findings from consideration issues of municipal legal status of foreigners in Ukraine can be used: - lawmaking - in the process of legislative activity and bringing national regulatory framework in line with fundamental constitutional principles that define the foundations of relations between the state, society and individual ;; - R & D - the main provisions of can be used to further study the issue of the legal status of man and citizen, as well as the legal status of persons with different legal status in constitutional, municipal, civil and business law Ukraine, international public and private international law; - education - while teaching courses on constitutional law in Ukraine, constitutional law of foreign countries and special disciplines constitutional and municipal law and legal issues.

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