Kushnir Y. The State Border Guard Service of Ukraine as a subject of counteracting violation of the procedure for entry into the temporarily occupied territory of Ukraine and exit from it.

The dissertation research presents a comprehension of the current state of operative-service activities of the State Border Guard Service of Ukraine as a subject of counteracting violation of the procedure for entry into the temporarily occupied territory of Ukraine and exit from it, substantiates the main directions of improving the organization and implementation of such countermeasures. The existence of the system of normative legal acts that regulate social relations related to the temporary occupation of Ukraine has been established. The following classification of these normative legal acts by the criterion of their functional orientation was proposed. It allowed to allocate six groups of legal and regulation acts, including the following: aimed at preserving claims to the temporarily occupied territory; aimed at preventing the recognition of temporary occupation; aimed at preventing the perception of the recognition of temporary occupation; aimed at regulating the legal regime of the temporarily occupied territory of Ukraine; those, that regulate the delimitation of the temporarily occupied territory and control the boundaries, which define such territory; and those, that defines the general activities for the subjects of counteraction to the temporary occupation. It was reported that the legal acts that regulate the order of entry into and exit from the temporarily occupied territory of Ukraine are part of a group of acts, aimed at regulating the legal regime of temporarily occupied territories of Ukraine in terms of determining the borders of the temporarily occupied territory and control over the lines delineating such territory. The article proves the existence of models of the legal regime of temporarily occupied territories, whose characteristic features are determined by the peculiarities of the regulation of social relations associated with the temporary occupation of the territory. The entry/exit mechanism to/from the temporarily occupied territory of Ukraine was analyzed. The requirements necessary for the implementation of freedom of movement and free choice of residence in the context of access to the temporarily occupied territories were identified. The research outlined the problematic issues of the entry/exit checkpoints functioning in practical terms, the solution of which requires legal regulation. The author suggested to improve a new approach to the interpretation of the definitions in the field of crossing the borders of the temporarily occupied territories of Ukraine, in particular, such as "administrative boundaries", "administrative border", "demarcation line", "borders of the temporarily occupied territory of Ukraine" and the way it distinguishes from such a category as "state border". This resulted in their clear separation from the concept of "state border", which plays an indispensable practical role in organizing activities against violation of the order of entry into and exit from the temporarily occupied territory of Ukraine. The mechanism of ensuring the proper procedure of crossing the borders of the temporarily occupied territories of Ukraine through the prism of legal responsibility and regulatory framework for the functioning of law enforcement actors in this field was considered and characterized. The place and role of the State Border Guard Service of Ukraine in ensuring the procedure of crossing the borders of the temporarily occupied territory of Ukraine, taking into account its legal status and functions, have been clarified. The classification of functions of the borderline authority is carried out. In the context of counteracting the violation of the procedure of crossing the borders of the temporarily occupied territory of Ukraine, the following functions are distinguished: control, access, and regime. For the first time in the Ukrainian legal science it was suggested to consider the security of entry and exit from the temporarily occupied territory of Ukraine as a part of the implementation of the law enforcement function of the State Border Guard Service of Ukraine. The prior directions of improvement of counteracting violation of the procedure are defined as following: improvement of legal and regulatory acts of the crossing procedure of the borders of the temporarily occupied territories of Ukraine, and also certain legal norms of the Code of Ukraine on Administrative Offenses and of the Criminal Code of Ukraine (dispositions and sanctions), which establish liability for violation the procedure of crossing these boundaries. The article outlines the substantive and organizational and legal areas for improvement of operational and service activities of The State Boarder Guard Service of Ukraine on the issues of combating violations of the order of entry into and exit from the temporarily occupied territory of Ukraine.