Oliinyk S. International legal regulation of readmission of persons

The dissertation is a complex monographic research, focused on the formation and development of the international legal institute of readmission of persons issue within the doctrine and practice of international law. The origins and current state of social relations regarding the reception and transfer of illegal migrants from one State to another are analyzed for the first time. It is established that certain of the earliest known international treaties, which included the prototype of the current provisions on readmission of persons, were the interstate Russian-Byzantine treaties of 911 and 945. The definition of the international legal institute for readmission of persons as an independent institute in the system of the international law, a part of the international migration law is provided. The research determines that this institute constitutes a separate set of principles and norms established by the States as subjects of the international law called to regulate international relations in the area of reception, transfer or transit transportation of illegal migrants. Its features include intellectually volitional substance (factual and legal homogeneity and the presence of a specific general group of definitions) and independent influence on a homogeneous group of international relations, regulated by this institute via a specific institutional method of regulation. Specific focus is made upon the compliance of the examined institute with the generally recognized principles of international law. It is determined that special international legal principles of the institute of readmission of persons are: organized and safe return of illegal migrants; limitation of formalities; determination of limitation periods; proved illegal arrival or residence in the territory of the requesting State; arrival of aliens or stateless persons from the requested State or citizenship (nationality) of this State. The research determines that legal substance of international legal relations in the field of readmission of persons is, in particular: the right to apply with a request for readmission of and to transfer persons to another State, who are subject to readmission and the obligation to receive such persons to its territory from another State; the right to apply with a request for transit and to execute transit transportation of persons through the territory of another State whose readmission was agreed and the obligation to prove the person’s compliance with the conditions of readmission specified in the respective agreement; the right of another State to refuse readmission of a person who does not comply with the conditions laid down in the agreement to its territory, as well as the obligation to take back a person who was readmitted by mistake. Considering the typicality of the majority of current agreements on readmission of persons and the similarity of their internal structures, as a perspective the elaboration of the universal agreement on readmission of persons as a legal form of development of cooperation of the States in the sphere of reception-transfer and transit transportation of illegal migrants are defined. In addition, it is important to adopt the single codified legal act that is the Migration Code of Ukraine on domestic level, which will determine basic principles of the state migration policy, as well as other issues in the field of migration, including readmission of persons.