ПРАВОВИЙ АНАЛІЗ УЧАСТІ ОРГАНІВ ДЕРЖАВНОЇ ПРИКОРДОННОЇ СЛУЖБИ УКРАЇНИ ЯК ПОЗИВАЧА ЗА АДМІНІСТРАТИВНИМ ПОЗОВОМ У СПРАВАХ ПРО ПРИМУСОВЕ ВИДВОРЕННЯ КРІЗЬ ПРИЗМУ СУДОВОГО РІШЕННЯ

Abstract

The article provides a legal analysis of the participation of the bodies of the State Border Guard Service of Ukraine as a plaintiff in administrative cases regarding the forced deportation of foreigners and stateless persons outside Ukraine. The validity of the grounds for applying to the court with the relevant lawsuits, procedural actions and decisions of the State Border Guard Service of Ukraine during the trial of cases related to forced deportation from Ukraine is investigated, the main procedural errors of the plaintiff, made during the preparation of the lawsuit materials and at the stage of the court proceedings, which affected the outcome of the court proceedings. Namely: the plaintiff's failure to provide evidence of lack of cooperation on the part of the defendant (foreigner) during his identification procedure, evidence of non-receipt of information from the foreigner's country of citizenship (or stateless person's country of origin), etc.; prematurity of filing a lawsuit for forced eviction; proving the fact of the existence of circumstances that would indicate that the execution of the decision on forced deportation to the country of origin will pose a real threat to the defendant's life, freedom or health; proving the fact that the defendant has the right to legally stay on the territory of Ukraine; lack of substantiated evidence to confirm the citizenship of the defendant to a certain country, which excludes the possibility of applying the provisions of readmission agreements to disputed legal relations. The principle of banning the deportation of asylum seekers is analyzed through the prism of decisions of the European Court of Human Rights. It has been established that this principle means the absolute prohibition of expelling to the country of origin or to a third country a person who may be subjected to torture or inhuman or degrading treatment or punishment in that country. Attention was drawn to the conclusions of the European Court of Human Rights regarding the existence of evidence to confirm the existence of justified threats of persecution, torture, and inhumane treatment of the applicant, subject to his return to the country of citizenship. It is established that the competent authorities must carry out a procedure for assessing the risks of a person being ill-treated in the country of origin during forced deportation.