Franchuk T. Administrative and Jurisdictional Proceedings in the Activities of the State Border Guard Service of Ukraine

The dissertation provides a comprehensive analysis of the process of exercise by the bodies and officials of the State Border Guard Service of Ukraine of powers in the field of bringing to administrative responsibility for violation of the procedure for crossing the state border of Ukraine. The research results represent scientific novelty. The concept of administrative and tort duties of the State Border Guard Service of Ukraine is developed as an element of the system of ensuring compliance with the legal regime of the state border and the implementation of a set of measures aimed at improving the efficiency of assignments in the field of national security of Ukraine. It is proved that the observance of the legal regime of the state border and prevention of its violation is one of the ways to improve guarantees of state sovereignty. A separate and independent element of the latter is the ability of the state to control the inviolability of its borders. The study offers a comprehensive vision of the organizational component of the consideration of cases on administrative offenses by the State Border Guard Service of Ukraine. The algorithm of consideration of the specified category of cases with expansion of possibilities in decision-making and notification on commission of a crime by reclassification of an illegal act from a misdemeanour into an offence followed by the submission of documents to law enforcement agencies is detailed at the level of the corresponding instructions and regulations. An expanded and clarified subject range of persons involved in administrative proceedings on behalf of the State Border Guard Service of Ukraine with the appropriate detailing of their legal status in administrative and tort relations, as well as clarification of the legal regime of some procedures with their participation are presented. The legal status of the State Border Guard Service of Ukraine was improved in terms of the realization of administrative and tort relations, and bringing the perpetrators to justice. Theoretical aspects and practical measures of realization of the legal regime of use of evidence by the State Border Guard Service of Ukraine in administrative proceedings are detailed. Peculiarities of some evidences are determined, in particular as regards necessity for proofs recorded by means of tracking of integrity of the state border, and also by special means (space photography; thermal stellar and other equipment) without preliminary indication of means of their reception through information security procedures and the use of such means in borderline surveillance. The organizational and legal support of the drafting process by the State Border Guard Service of Ukraine with the introduction of appropriate amendments to the legislation, including by clarifying certain procedures and features of the realization of administrative and tort relations with the participation of foreigners. The peculiarities of the legal regime of the protocol on administrative offense drawn up by officials and servicemen of the State Border Guard Service of Ukraine are also worked out at the doctrinal level.