Peculiarities of proceedings in administrative cases regarding the placement of a foreigner who is subject to deportation or readmission to a point of temporary stay

Abstract

The article examines the specifics of proceedings in administrative cases regarding the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. The topicality of the topic is due to the implementation of the Agreement on the Association of Ukraine and the European Union regarding the creation of a single legal space, including the protection of the rights and legitimate interests of foreigners and stateless persons when challenging placement in special institutions. The object of the study is a complex of social relations that are formed in the process of contesting the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons. The subject of the study is the norms of administrative law, which determine the specifics of the protection of the rights of foreigners, stateless persons who are placed in a temporary detention center, in accordance with the procedure defined by the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a set of general scientific methods and private methods of scientific knowledge. The work uses the following methods: dialectical, formal-logical, statistical, comparative-legal, systemic-structural, analysis and synthesis. The article examines the concepts of «expulsion» and «readmission», examines the peculiarities of proceedings in administrative cases concerning the accommodation of a foreigner or a stateless person who is subject to expulsion or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. Judicial practice has been studied and the main reasons for administrative claimants' appeals to the court for the specified category of cases have been identified. It is proposed to establish a maximum period of detention of foreigners and stateless persons in the points of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine.