Debatable issues of the procedure for consideration of administrative cases involving foreigners in Ukraine

Abstract

Ukraine, like most European countries, is characterized by problems related to illegal migration, as well as legalization (legalization) of foreigners and stateless persons staying in Ukraine. At the same time, disputes that arise in such legal relations with the participation of migration and other state authorities are often resolved by national courts in the order of administrative proceedings. According to official statistics, in 2022 alone, 1,949 administrative cases regarding the stay of foreigners and stateless persons on the territory of Ukraine were pending in courts of first instance, of which 687 cases related to registration of refugee status and 619 cases related to forced deportation outside Ukraine [1]. At the same time, a significant part of such cases (497) was subject to appellate review [2]. And although the percentage of cases involving foreigners and stateless persons from the total number of administrative cases reviewed in the corresponding reporting period (352,960) is insignificant (about 0.55%), this category of public legal disputes still attracts special attention, because is one of the indicators of the effectiveness of the state migration policy. Therefore, the article reveals the author’s view on the rationality of the legislative approach to the classification of cases filed by foreigners as minor administrative cases, which, in turn, directly affects the procedural order of their consideration and the successful performance of the tasks of administrative justice. In particular, it is proposed to choose the form of administrative proceedings to resolve this important category of public legal disputes, taking into account the individual features of a specific case. At the same time, it will allow consideration of relevant disputes not only according to the rules of simplified legal proceedings, but also with the application of the general judicial procedure in those cases where it is really necessary. One of the ways to ensure such flexibility in solving this issue is to specify the list of cases regarding the stay of foreigners or stateless persons in Ukraine, which are considered insignificant for the purposes of administrative proceedings.