ЗАХИСТ ПРАВ ІНОЗЕМЦІВ ТА ОСІБ БЕЗ ГРОМАДЯНСТВА СУДАМИ УКРАЇНИ

Abstract

The article emphasizes that the basis on which the legal regulation of the protection of the rights of foreigners and stateless persons and their legitimate interests was formed, according to which such rights and interests require legal regulation, are the constitutional foundations of the legal order and international legislation. It is noted that the majority of constitutional norms have an absolute character, that is, they are not only inalienable, but also not subject to limitation. Methods and procedural forms of protection of the rights of foreigners and stateless persons by domestic courts are disclosed. For this purpose, the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms, the norms of the Law of Ukraine «On the Judiciary and the Status of Judges», provisions of the Civil Code, Civil Procedure Code, Code of Administrative Procedure, Economic Procedure Codes of Ukraine, judicial practice and doctrinal opinions were analyzed. Taking into account the legal status of foreigners and stateless persons, attention is drawn to the peculiarities of proceedings in administrative lawsuits regarding the detention of foreigners and stateless persons. It was determined that the methods of protection of the rights of foreigners and stateless persons are regulated by the norms of various branches of law, which regulate specific legal relations involving the specified category of persons, within which everyone is guaranteed the right to judicial protection of his rights and freedoms.