Saadulaiev A. Legal status of foreigners and stateless persons in administrative proceedings

А study of the legal status of foreigners and stateless persons in the administrative proceedings of Ukraine and certain countries of the European Union was carried out. It was emphasized that the legal status of foreigners and stateless persons in administrative proceedings is regulated by a number of domestic and international legislative acts. An analysis of the legal regulation of the legal status of foreigners and stateless persons in Ukraine was carried out and the author's definition of this concept was provided. It is emphasized that the main place among the normative legal acts regulating the legal protection of foreigners and stateless persons belongs to the Constitution of Ukraine, other national and international normative legal acts ratified by the Verkhovna Rada of Ukraine. Іt was established that such a category of subjects as stateless persons remained outside the legal regulation of participants in the judicial process. Іt is proposed to make changes to the norms of the Law of Ukraine «On the Legal Status of Foreigners and Stateless Persons». The features of procedural representation in administrative proceedings are revealed and the author's definition of the concepts of «administrative procedural legal capacity» and «administrative procedural legal capacity» is provided. Аttention is drawn to the need in the current Code of Administrative Procedure of Ukraine to provide for a separate article of norms that would regulate the participation of the prosecutor in the judicial process. Іt was established that the Law of Ukraine «On Local Self-Government in Ukraine» does not contain norms related to the protection of the rights of foreigners and stateless persons, which in modern conditions does not correspond to the European principles of local self-government. A theoretical definition of the concept of «administrative-procedural status of foreigners and stateless persons» is given. A study was carried out of the activity of dministrative justice when considering cases involving the interests of foreigners and stateless persons in Germany, France, Poland, Latvia, the Czech Republic. It is noted that the study and application of the practice of the ECtHR in the consideration of cases involving foreigners and other categories of persons is extremely important for administrative courts of Ukraine. Deficiencies of the Instructions for filing materials on administrative offenses by the State Migration Service of Ukraine, approved by the order of the Ministry of Internal Affairs of Ukraine dated August 28, were identified № 825 of 2013. The regulatory legal acts and judicial practice of the State Migration Service of Ukraine regarding the consideration of cases involving foreigners and stateless persons were analyzed, where attention is drawn to the absence of an interpreter during the drafting of the protocol and the decision on bringing to administrative responsibility. It is suggested that when drawing up a protocol and resolution on bringing to administrative responsibility a foreigner or a stateless person, officials of the State Security Service of Ukraine should be guided not only by the Reference and Information Register of Translators, but and the norms of the Law of Ukraine «On Free Legal Aid», the Instruction on the Registration of Materials on Administrative Offenses by the State Migration Service of Ukraine, the Regulation on Free Secondary Legal Aid Centers.