On the concept and classifications of foreign citizens and stateless persons

Abstract

The article is devoted to the analysis of the concept and classification of foreign citizens and stateless persons in Ukraine. Legal acts in this field, theoretical concepts and provisions of international acts, foreign practice of legislative regulation are studied. This analysis was conducted in order to improve the legal regulation of the legal status of non-citizens of Ukraine and to ensure the protection of those who need it, in particular through administrative and legal instruments. On the basis of the conducted research theoretical and legal problems and gaps and inconsistencies with the legislation of Ukraine are revealed; developed proposals for its improvement. It is proposed to include into the legislation of Ukraine the general concept of “non-citizen of Ukraine” as a general notion for foreign citizens and stateless persons. The criterion to distinguish persons from this category is the fact that a person has the citizenship of Ukraine. At the same time, the legal status of all non-citizens is characterized by the absence of the same scope of rights and obligations for all these persons, defined by the Constitution of Ukraine only for its citizens – “citizens” rights and responsibilities.
 The article also proposes to improve the classification of non-citizens (foreigners and stateless persons). In particular, it is proposed to single out the following types of non-citizens according to the criterion of stay on the territory of Ukraine: 1. Persons temporarily staying in Ukraine.2. Persons temporarily residing in Ukraine, in particular, who arrived in Ukraine:2.1. for employment;2.2. to participate in the implementation of international technical assistance projects;2.3. for religious purposes or to participate in the activities of public (non-governmental) organizations of foreign states;2.4. for work in branches or representative offices of foreign business entities;2.5. for cultural, scientific, educational activities,2.6. in order to participate in volunteer activities;2.7. for the purpose of training;2.8. in order to control the activities of a legal entity registered in Ukraine;2.9. to reunite the family.3. Persons permanently residing in Ukraine.