Duka V. Legal and organizational bases of consideration of appeals of citizens at crossing of the state border of Ukraine.

The dissertation investigates the essence and peculiarities of the procedure of consideration of citizens 'appeals when crossing the state border of Ukraine, the system of subjects authorized to consider these appeals, types of liability for violation of the order of consideration of citizens' appeals when crossing the state border of Ukraine and its improvement. its adaptation to EU legislation. It is established that international universal and regional human rights treaties do not separate the right to appeal, so the protection of the relevant interests of the individual at the international level is exercised through other rights relating to information, beliefs, democratic procedures, anti-discrimination and protection of special needs. It is proved that special laws and bylaws that establish the regime of the State Border and the procedure for its crossing do not outline the specifics of citizens' appeals at all. The need to approve a separate instruction on the procedure for consideration of citizens' appeals by the State Border Guard Service was emphasized. The meaning of the concept of "citizens' appeals when crossing the state border" is clarified and revealed, the species classification of citizens' appeals is analyzed by system-forming factors, attention is focused on the strengths and weaknesses of each type of citizens' appeals. It is proposed to change the procedural issues of consideration of citizens 'appeals taking into account the practice of developed countries and to organize a gradual transition to the electronic procedure for receiving, considering and responding to citizens' appeals. It was revealed that the system of public authorities authorized to consider citizens' appeals when crossing the State Border of Ukraine is fully formed and is now in the process of restoring interconnections after the planned reforms. The system itself is two-tier, the highest level in it is occupied by the State Border Guard Service. Based on the analysis of the types of legal liability applied as a result of violation of the legislation on citizens' appeals when crossing the state border, it is established that both entities that ensure the order of crossing the state border and citizens exercising their right to appeal can be held liable. when crossing the state border. Gaps in the application of disciplinary, administrative and civil liability for violations of the law on citizens' appeals in the border area have been identified, in connection with which it is proposed to systematize and improve the legal norms governing the procedure for prosecuting citizens. Three models of development of organizational and legal bases of consideration of appeals of citizens at crossing of the state border are allocated and analyzed: model of the maximum possibilities (is a combination of complex legislative regulation, modern forms and methods of work with appeals and the perfect organizational and legal status of authorized subjects); model of disabilities (characterized by inconsistencies in legislation, imperfect procedural aspects and limited subject composition of legal relations); model of minimum opportunities (it is characterized by the lack of detailed legislation, organizational uncertainty and functional limitations). There is a lack of supranational model legal acts and organizational and legal bases for consideration of citizens' appeals when crossing the state border, as a result of which citizens of CIS member states, foreigners and stateless persons (entering / leaving the CIS territory) are deprived of additional legal guarantees of protection of the right to appeal to the authorities. It was found that in some EU countries there are individual legal institutions in the field of citizens 'appeals: attribution of the sphere of consideration of citizens' appeals to the administrative process; creation of separate organizations to ensure the realization of the right to appeal; normative-legal individualization of certain forms of realization of the right to appeal when crossing the state border; consolidating the right to appeal through the prism of government responsibilities. The key instruments of approximation of the legislation of Ukraine and the European community are highlighted. The need for amendments to domestic legislation in the areas of: optimization of migration and information policy; application of new modern technologies to simplify customs procedural issues; improving the mechanism and tools of legal regulation of the border and migration service; improving sanitary and veterinary regulation, taking into account the intensification of migration processes and the need to respond quickly to changing circumstances of today's conditions (introduction of new rules, unexpected lockdowns and comprehensive strict anti-pandemic measures that radically change the order of crossing national borders).