Olefir V. The State Migration Politics (an Organizational and Legal Aspects)

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0505U000522

Applicant for

Specialization

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

26-10-2005

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

The object of research is the social relations which form between the state and its citizens, foreigners, stateless persons, refugees, repatriates, deported persons in the sphere of state management (in administrative law sphere). The purpose of the dissertation research consist in working out the main basis of state migration policy of Ukraine based on the theoretical fundamental principals of legal regulation as well as analysis of practical realization of state management in migration sphere. The dissertation is also aiming at determination of the ways of realization of the above mentioned policy. The methods of research and facilities: system-and-purpose approach combined with logical and historical approaches, theory and practice as well. The main one is scientific dialectical method. The author also uses the following methods: logical-and-semantic, system-and-structural, legal-comparative, information-analytical, support and planning, sociological, statistical, historical-and-legal, technical etc. The theoretical results: state migration policy of Ukraine for the first time get its theoretical and methodological, conceptual filling; - law creation, law application and law enforcement activities in the sphere of migration are improved aiming at further realization by legislative, executive and judicial authorities; - in the context of the problem put by the author in a new way examines and uses, along with the migration science paradigm, the management (administrative law) paradigm; - he also shows the stages of formation of state migration policy, its main principles and fundamentals of regulating migration processes; the author proves the following statements: the migration sphere as reality can be understood only in the context of legal system as an aggregate of integrity of structural order, by means of rules of law and other legal facilities of stable cooperation between law subjects, that provides law and order as a necessary precondition of social system functioning; - an important part in regulating migration processes belongs to administrative law, the rules of which while regulating social relations in the sphere of migration determine the content of measures, the powers of legislative authorities, other state structures, non-governmental organizations and citizens; - the author proposes: package plan on organization of migration processes' management depending on functionally separated migration flows, proves the necessity of creating an unified computer-based system (data bank) on the problems of migration; propositions and recommendations on realization of material and legal procedure rules in the sphere of legal regulation of migration processes. The practical meaning of the results obtained: - in scientific research sphere - on the one hand provisions and conclusions of dissertation can be used as a basis of further work on the problem of all-round development of state migration policy in Ukraine, on the other hand, they will give an impulse for development of theory and practice of migration processes' legal regulation; - in the sphere of law creation - propositions for improvement of the migration legislation system in force are formulated as a result of research conducted (The act of application of the dissertation results dated 21.04.2005); - in the sphere of law application - the use of the dissertation's results will give an opportunity to improve a management of migration process as a kind of public activity (The act of application of the dissertation results to practical activity of the Ministry of Internal Affairs); - in the training process - application of such disciplines as "The fundamentals of migration law" and "Regulation of migration processes in Ukraine" to the curriculum, teaching of which has already been started in the training process of the National Academy of Internal Affairs of Ukraine and other educational establishments (The act of application of the dissertation materials to the training process dated 16.12.2004, The act of application dated 30.05.2005, The act of application of the dissertation results to the training process of the National Academy of Internal Affairs of Ukraine). The level of application: the results of research work were discussed on inter-chair seminar, reported on scientific and practical conferences, applied to training process. They also became the basis for draft laws "On state migration service" and "On state migration policy". The effectiveness of application: the results of research work, conclusions and propositions gained the appreciation of the experts. The sphere of application is legislative and training processes and practical activity of the law enforcement subdivisions.

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