Legal regulation of administrative liability of foreigners and stateless persons

Abstract

The article is dedicated to a complex study of the legal regulations of administrative liability of foreigners and stateless persons in Ukraine. The study examines the basic concepts, such as «foreigner», «stateless person», «apatride» and analyzed their legal status in the context of current legislation. Strongly emphasized on principle of equality between mentioned subjects under the law and before the court regardless of identity, social status, racial and national origin, language, religious differences and other circumstances. Moreover, it is highlighted that in sphere of realization of certain rights there are some limitations compared to citizens of Ukraine, which follows from their special legal status.

The legal framework which regulates the grounds, procedure and mechanisms for bringing foreigners and stateless persons to administrative responsibility, in particular in the field of combating illegal migration, has been studied. Separately, the provisions of legislative acts that determine the state policy in the field of migration, outline the legal grounds for foreigners’ stay on the territory of Ukraine, and establish terms and categories that are actively used in the practice of migration control have been analyzed.

The article reveals the general features of administrative liability, as well as highlights the specific features of bringing foreigners and stateless persons to justice. In particular, it details the procedure for implementing administrative enforcement through expulsion from the state and restriction on re-entry for violating the migration regime on rules for crossing the state border of Ukraine.

It is stated that administrative liability performs an important preventive, educational and regulatory function, contributing to the maintenance of public order and security in a democratic state of law. It is concluded that foreigners and stateless persons fall under the jurisdiction of Ukraine and are liable for violations of the law on equal terms with citizens of Ukraine, but taking into account the features of bringing them to the administrative liability determined by law.