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ADMINISTRATIVE AND FORCED EXPULSION: A LAWMAKER’S MISTAKE OR NEW INSTITUTIONS INTRODUCTION?

Автор: Редактор on .

УДК : 342.951

KUZ'MENKO Oksana,
National Academy of Internal Affairs,
Doctor of Legal Science, Professor, Head of the Administrative Law and Process Department
 
ADMINISTRATIVE AND FORCED EXPULSION: A LAWMAKER’S MISTAKE OR NEW INSTITUTIONS INTRODUCTION?
 
Background. The new Law of Ukraine "On Legal Status of Foreigners and Stateless Persons" of 22 September 2011 established a broad list of responsibilities that apply to foreigners and stateless persons.
The purpose of the article is to analyze the stories of migration legislation of Ukraine and determine whether introduction of the "voluntary return" and "forced return" of foreigners and stateless persons.
Results. The current state and perspectives of functioning of deportation in the context of national immigration laws have been studied. Legal and organizational aspects of deportation of foreigners from the territory of Ukraine have been considered.
The features of special types of responsibility: voluntary return, forced return and forced expulsion of foreigners and stateless persons have been determined. Distinction of institutions "forced return" and "forced expulsion" was done.
The study highlights the complex administration of topical issues in the field of legal support of deportation of foreigners. It detected legal conflicts and contradictions in the legislation that establishes responsibilities of the foreigners and stateless persons. It specified on the shortcomings in the procedures for voluntary return, forced return and forced expulsion of foreigners and stateless persons. It is proved that type of coercion "voluntary return" does not apply to measures of responsibility.
Conclusions. Trying to simplify the legislation of deportation of foreigners by introducing new institutions does not solve a wide range of today's issues in the field of migration. Illogical, in particular, is introduction of the "forced return" and "forced expulsion" and "voluntary return" as a form of responsibility. The results make it possible to assert that the new Law of Ukraine "On Legal Status of Foreigners and Stateless Persons" of 22 September need improvement in the part of responsibility of foreigners.
 
Keywords: migration, foreigner, a stateless person, expulsion, return.