Foreigners and stateless individuals as subjects of administrative proceedings

Abstract

The right to appeal to a court, including an administrative one, is one of the key rights of citizens guaranteed by the Constitution and laws of Ukraine. Apart from the general constitutional right to judicial protection, Article 7 of the Law of Ukraine No. 1402-VIII “On the Judiciary and the Status of Judges” dated June 2, 2016, guarantees everyone the protection of their rights, freedoms, and interests within a reasonable time by an independent, impartial, and fair court established by law. Considering the relevance of this study, its purpose was to establish the main reasons for improper recognition of the legal status of all participants in administrative proceedings at the legislative level. The study used a set of methods and techniques of scientific cognition. The principal ones are as follows: the dialectical method, which determines the essence and content of the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals; the comparative legal method, with the application of which the Ukrainian and foreign regulatory framework governing the status of foreign citizens and stateless individuals were compared; the formal legal method, which, together the method of logical analysis, allowed comprehensively investigating the modern system of legal norms that establish administrative procedural legal personality and the procedure for citizens and subjects of authority to exercise their rights and duties in an administrative court; the logical-semantic method allowed developing proposals for improving the legislation of Ukraine in the field of administrative proceedings. It was stated that access to justice for every person is ensured according to the Constitution of Ukraine and according to the procedure established by the laws of Ukraine. However, along with the guaranteed right to appeal to the court of foreigners, stateless individuals (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as stateless individuals stayed outside the limits of Ukrainian legislation. The paper considered the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals as subjects of administrative proceedings. To eliminate the shortcomings of the legislative regulation of the legal status of stateless individuals in Ukraine, the author concluded that it is necessary to eliminate the existing deficiency by amending the Law of Ukraine No. 3773-V “On the Legal Status of Foreigners and Stateless Individuals” dated September 22, 2011. The practical value of the obtained results is that the theoretical propositions, conclusions, and proposals formulated in the article can be used: in the research field (for further developments aimed at investigating the issues of administrative justice in Ukraine), in the law-making field (to improve the current legislation of Ukraine), in the field of law enforcement (to improve the activities of administrative courts, state executive authorities, local self-government bodies), in the field related to ensuring the rights, freedoms, and legitimate interests of individuals and legal entities.