Mota A. The theory and practice of counteraction illegal migration by bodies of the State Border Guard Service of Ukraine: the administrative-legal aspect

The dissertation is devoted to theoretical research of peculiarities of counteraction to illegal migration and scientific search for practical improvement of activity of the State Border Guard Service in solving migration problems under the current conditions of protection of the state border of Ukraine. The doctrinal approaches of administrative law, the provisions of national and foreign legislation, the specifics of its implementation to substantiate the proposals and elaborate conclusions on legal regulation in the field of migration and the provision of border security are systematically analyzed. The social precondition of counteraction to illegal migration in the protection of state borders in accordance with the retrospective of the establishment of the border service, the necessity and expediency of such activities in various socio-political formations is disclosed. Legal regulation of counteraction to illegal migration in Ukraine has been analyzed. Understanding illegal migration as an antisocial phenomenon, which is an object of counteraction to the authorities of the state border guard is proposed. Counteraction to illegal migration is onsidered in the law-enforcement, preventive and human-rights meanings. Organizational structures for counteraction to illegal migration are identified as part of the State Border Guard Service of Ukraine. Their interaction with other actors to counteract illegal migration has been analyzed. The features of the application of administrative compulsion in counteraction to illegal migration by the bodies of the State Border Guard Service of Ukraine have been clarified. Administrative-procedural activity in cases on administrative offences of illegal migrants, proceedings for the forced return and expulsion of foreigners (stateless persons), conduct of readmission investigated. Determinants of illegal migration have been established, victimization and latency of migratory offences, the counteraction of which is attributed to the competence of the State Border Guard Service of Ukraine is characterized. The identification of illegal migrants, which are detected in operational-service activities on the protection of the state border, has been analyzed. Characteristics of the prevention of illegal migration by the bodies of the State Border Guard Service of Ukraine are carried out.