ЗАРУБІЖНИЙ ДОСВІД АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ІНОЗЕМЦІВ ТА ОСІБ БЕЗ ГРОМАДЯНСТВА

Abstract

The paper is devoted to a careful and topical topic of studying the administrative responsibility of foreigners and stateless persons in some foreign countries. It is noted that foreigners and stateless persons in Ukraine are subject to the national legal regime, i.e., they are endowed with the same scope of rights and responsibilities as citizens of Ukraine. Except for certain political and labor rights. Thus, foreigners and stateless persons are brought to legal responsibility, including administrative, on a par with the citizens of Ukraine. In the context of improving and optimizing the process of bringing to administrative responsibility foreigners and stateless persons in Ukraine, it is advisable to study the positive foreign experience. Thus, the proposed study is relevant and important. The methodological basis of the study were general scientific and special legal methods of cognition. Among the general scientific methods, we used dialectical, general logical, analysis, generalization, and formalization. Regarding specifically legal methods, we used, among others, formal-legal, systemic, theoretical, and legal. The key place in our study, of course, was occupied by the comparative law method, which allowed to conduct a comparative legal study of the grounds of administrative liability of foreigners and stateless persons in foreign countries, as well as those sanctions and penalties that may apply to some foreign countries. The authors found that the states of the Anglo-American legal system do not recognize separate administrative legislation. Acts that in Ukraine are considered administrative offenses, violations of customs law or tax misdemeanors in the United States belong to the category of crimes or civil misdemeanors. It has been proven that in most European countries belonging to the continental group of legal systems, cases of administrative offenses belong to the field of criminal law, i.e., such offenses are considered a type of crime. It is determined that the peculiarity of the administrative and legal status of foreigners in Japan is the fact that the migration policy of this country is not focused on the integration of foreigners, plus this country does not have adequate social infrastructure for their settlement.