Prymusove vydvorennia inozemtsiv ta osib bez hromadianstva yak zakhid administratyvnoho prymusu

Abstract

The questions of legal regulation of the legal institute of forced expulsion of foreigners and stateless persons as a measure of administrative coercion by the authorized state bodies, taking into account recent innovations in the legislation, are studied. The analysis of administrative and legal theoretical positions on the understanding of the institute of forced expulsion of illegal migrants from the territory of the state is carried out. It is noted that this procedure, taking into account individual components of the legal regulation of this institute is implemented in the activities of authorized subjects and consists in the removal of an illegal migrant outside the territory of the state and is a separate group of social relations of migratory nature. It is argued that forced expulsion is an effective measure of administrative coercion, which is used in many countries of the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention is drawn to the inappropriateness of the use of the term «administrative expulsion», which is used in the Code of Administrative Offences of Ukraine, because it does not correspond to the actual state of affairs in the legislation. Separately, attention is drawn to the fact that the institute of forced deportation of foreigners and stateless persons outside the territory of Ukraine is aimed at achieving the result of migration law and order. The position on the inadmissibility of interpreting the provision that «the use by citizens of illegal ways of departure abroad puts them outside the social and legal protection» is supported, and emphasis is placed on the need to comply with generally recognized principles of human rights and freedoms in the application of forced expulsion procedures. The conclusion that a clear definition of the concept of forced deportation of foreigners and stateless persons from Ukraine allows to legislate uniform procedural procedures for proceedings on these categories of cases, which in turn will eliminate certain problematic issues in the service activities of public authorities, which apply it.