In this research, – in the process of complex philosophical and legal analysis of the phenomenon of migration in the context of globalization processes in Europe at the end of XX – the beginning of XXI century, as well as problematic issues that arise during the legal regulation of migration based on national and international legislation, – the legislative and scientific-theoretical recommendations on the improvement of the legislative regulation of migration processes are elaborated. Using historical and dialectical methods, the main stages of the formation of doctrinal views on the phenomenon of migration, the concept of «migration» and dialectical relationships of different levels of manifestation in the field of migration were determined. The formal-legal method contributed to the comprehensive scientific analysis of modern international and domestic legislation in the field of migration, as the expansion and introduction of a visa-free regime between the EU member states has a significant impact on the development of the migration process in the European society.
It is determined that the concept of «freedom» is rather a philosophical category than a legal one, it is a broader concept and there is no restriction on a person's independent choice of behavior to ensure their interests or needs. When a particular individual and society are developing, such freedom is restricted by the moral norms of a particular worldview, by the adherence to the principle of the freedom of choice of behavior not to violate the interests and rights of others. The concept of «legal awareness of migration» is also presented as a characteristic of the attitude to the migration process as a legal phenomenon in a particular sphere of human life and acts as a holistic system of views, beliefs, ideas, attitudes, sentiments, feelings of society and individual social groups (first and foremost – the participants in the migration process).
The thesis also focuses on the fact that the period of the late XX – early XXI century is characterized by mass migration processes. Such large-scale movements result in cultural and legal integration, certain cultural aspects of migrants lead to a reaction to them among the local population, which in its turn affects the legal awareness as part of public consciousness.
Using methodological tools, we determined the impact of personal qualitative criteria of the migrant, public consciousness, and the subjects of the migration movement. Accordingly, we determined that there is an indisputable impact on the development, stability, and predictability of migration, that affects public legal awareness of both the host country and the country of departure. It is noted that a migrant endowed with natural-and-legal features is included in the sphere of coexistence of society with different features, with historically formed general rules and norms that have been established for centuries in the host society. The violation and rejection of the existing law and order result in a conflict. All countries that receive migrants face such conflict: the integrity of society and the protection of human rights. Based on the analysis, it is stated that modern countries have two ways to solve such problem: 1 – be ready for the negative consequences of migration considering the national characteristics of migrants and try to painlessly accommodate them in the host society; 2 – be unacceptable to other people's worldviews, culture, that would result in the confrontation between migrants and the host society.
It is noted that migration policy should be based on the inclusion in the national legislation of the world-wide recognized human rights, as defined in the relevant international acts, as well as their implementation based on the rule of law. The peculiarities of the adoption of these standards are to be determined by historic, economic, social, and cultural factors. The general principles mentioned in the regulations create the basis for the management of the state and society, activities of migrants, relations with refugees or internally displaced persons.
