LEVCHENKO I. International legal regulation as to the readmission of persons in the European Union

The dissertation study is dedicated to the current task of the science of international law - the study of the legal basis of the readmission of persons in the European Union, the identification of the peculiarities of the system of readmission treaties in the EU and the practical possibilities of its application in Ukraine. The work reveals the meaning of the concept of readmission in international law, examines international legal documents that establish a balance between the right to freely choose a place of residence and considerations of human rights, public morality and public order, which can lead to the expulsion of unwanted foreigners, primarily those who live on the territory of the country illegally. It is demonstrated that readmission is an independent institution within the field of international migration law, which was formed after the Second World War mainly in Western countries, primarily in Europe. The origins of this institution, which originates from the principle of state sovereignty, are investigated. The categories of persons who may be subject to readmission are considered, the concepts of requesting and receiving states are defined. The grounds and procedure for readmission are revealed, its legal foundations are explored in the form of a system of bilateral and multilateral international agreements and customary international law. The problem of readmission in the law of the European Union is considered. It is proven that the legal norms regarding readmission come from the EU's common foreign policy in the field of migration and asylum. The development of this policy is traced, the beginning of which coincides with the founding of the Union itself and is connected with the significant migration pressure that this one of the most attractive regions for migrants in the world has always been subjected to. The system of bilateral and multilateral EU readmission agreements is analyzed, as well as the peculiarities of the inclusion of standard readmission provisions in other EU documents, such as cooperation, partnership and association agreements. Two EU approaches to migration control are outlined: a control approach, which includes readmission itself, and a prevention approach, which consists in eliminating the root causes of migration in countries of origin. A system of EU incentives appears, with the help of which the Union encourages third countries to conclude readmission agreements.