Gerych A. Legal regulation of migration control in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101067

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

05-07-2020

Specialized Academic Board

Д 61.051.07

State University "Uzhhorod National University"

Essay

The paper investigates the nature and identification and generalization of the characteristic features of the legal regulation of migration control to formulate provisions for improving legislation in this field. It is determined that migration control is a functional (special) type of state control, which is exercised by the authorized bodies of the executive power regarding the establishment of factual data on compliance with legislation in the field of migration (immigration and emigration), citizenship, registration of individuals and manifested in activity a wide range of subjects to monitor and evaluate the migration situation in Ukraine, carry out checks in the process of registration, replacement and cancellation of relevant documents and permits, within registering action, recording the persons and other activities to ensure immigration enforcement. The methodological basis of this dissertation is the position that control activities include only factual and evaluation components and do not imply coercive or encouraging measures, and that a large number of powers of authorities are de facto aimed at exercising control functions, although in regulatory acts control is not always explicitly called, but where it is used, it is not explained. The paper also argued that the principles of migration control are understood as the initial ideas and provisions that underlie the control activity and operate regardless of whether or not they are reflected in the normative act. The legal status of the bodies exercising their competence in the field of migration control was investigated and separated from the executive authorities exercising powers in the field of migration control the Ministry of Internal Affairs, as well as the Administration of the State Border Service of Ukraine and the State Migration Service of Ukraine Ministers of Ukraine through the Minister of the Interior.

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