МІГРАЦІЙНЕ ПРАВО ТА МІГРАЦІЙНИЙ МЕНЕДЖМЕНТ ЯК РЕГУЛЯТОРИ МІГРАЦІЙНИХ ПРОЦЕСІВ

Abstract

The activation of migration processes in the world proved the difficulties of the processes of their regulation. Uncontrolled illegal migration can lead to internal conflicts within countries, threaten the unity of states within the European Union, and affect the social security of the world. All this requires a clear legal framework in which migration processes should take place. The purpose of the study is to analyze the role of migration law and migration management in the management system of migration processes in the modern world. The intensification of migration legislation since the independence of Ukraine, the difficulties of its formation related to the Soviet past are noted. For most countries of the world, the phenomenon of international migration is common. Since the beginning of the 1990s, with the opening of the borders of the former USSR, Ukraine faced the problems of regulatory and legal regulation of migration for the first time. Prior to that, the Constitution of the USSR and the constitutions of the Union Republics did not declare the right of citizens to freedom of movement, choice of place of stay and residence. Internal territorial movements were regulated administratively, and a kind of political taboo was imposed on external migration. Legal regulation of migration processes in the XXI century became one of the priorities on the agenda of modern Europe and the world, a condition for preserving the social security of the world. The political and legal regulation of migration includes the creation of a regulatory and legal framework, the formation of political institutions that will perform legislative, executive, regulatory, monitoring, control and other functions related to the processes of population migration. It is highlighted that effective migration management in combination with migration law and a reasonably structured migration policy is a mechanism of legal and social regulation of migration processes. International and domestic documents are presented that provide legal regulation of migration, demonstrate the global nature of the phenomenon and bring it up for discussion at the level of world organizations and associations. The example of the migration crisis in Europe shows the vulnerability and inability of advanced countries to find common solutions to solve the refugee problem. A warning was expressed that massive waves of migration, caused, among other things, by the war in Ukraine, could become a destabilizing factor within the European Union community. The urgent need for revision of migration legislation in the world, formation of an effective migration policy of Ukraine and its tools such as migration law and migration management has been proven.