Publication date: 09.07.2024
Legal regulation of migration processes in Ukraine
Introduction
Migration processes play an important role in the development of society, economy and culture. They affect the demographic situation, labor market, social relations and international cooperation. Legal regulation of migration processes is a prerequisite for controlling migration flows, protecting migrants' rights and maintaining national security. In this article, we will consider the main principles, regulations and procedures governing migration processes in Ukraine, as well as the rights and obligations of migrants.
Basic principles of legal regulation of migration processes
The legal regulation of migration processes in Ukraine is based on several basic principles that ensure the effectiveness and stability of migration policy:
Theprinciple of legality. Migration processes should be carried out in accordance with the legislation of Ukraine and international treaties governing the rights and obligations of migrants.
Theprinciple of non-discrimination. The state migration policy should ensure equal rights and opportunities for all migrants, regardless of their nationality, race, religion or other characteristics.
Theprinciple of human rights protection. Migration policy should ensure the protection of the fundamental rights and freedoms of migrants, including the right to freedom of movement, the right to work, the right to education and other rights.
Theprinciple of interaction. Effective regulation of migration processes requires cooperation between various government agencies, NGOs and international institutions.
Theprinciple of adaptation and integration. State migration policy should facilitate the adaptation and integration of migrants into society by providing them with access to social services, education and employment.
Key regulatory acts
The legal regulation of migration processes in Ukraine is based on a number of normative acts, among which the key ones are
TheConstitution of Ukraine. The Constitution guarantees fundamental human and civil rights and freedoms, including the right to freedom of movement and choice of residence.
TheLaw of Ukraine "On the Legal Status of Foreigners and Stateless Persons". This law defines the legal status of foreigners and stateless persons, the procedure for their entry, exit, transit through the territory of Ukraine, as well as their rights and obligations during their stay in Ukraine.
TheLaw of Ukraine "On Immigration". The Law regulates immigration to Ukraine, determines immigration quotas, the procedure for obtaining immigration permits and residence permits.
Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection". This law establishes the legal status of refugees and persons in need of additional or temporary protection, the procedure for granting asylum, and their rights and obligations.
The LaborCode of Ukraine. The Code regulates the employment of foreigners and stateless persons in Ukraine, their rights and obligations as employees.
International treaties and conventions. Ukraine is a party to a number of international treaties regulating migration issues, including the 1951 Convention relating to the Status of Refugees, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and others.
The procedure for regulating migration processes
The procedure for regulating migration processes in Ukraine includes several main stages:
Entryand exit from the country. Foreigners and stateless persons may enter and leave Ukraine through designated checkpoints upon presentation of appropriate documents, such as visas, passports or other identity documents.
Obtaining aresidence permit. Foreigners wishing to reside in Ukraine for a long period of time must obtain a temporary or permanent residence permit. To do so, they must submit an application to the State Migration Service of Ukraine (SMS) and provide the necessary documents.
Immigration. Foreigners wishing to immigrate to Ukraine must obtain an immigration permit. To do this, they must submit an application to the SMS, provide the necessary documents and undergo appropriate checks.
Asylum. Persons who are persecuted or threatened in their home country may apply for asylum in Ukraine. The SMS reviews the application, conducts an interview with the applicant, and makes a decision on granting or denying asylum.
Employment. Foreigners wishing to work in Ukraine must obtain a work permit. To do so, they must submit an application to the relevant authority and provide the necessary documents.
Education and social services. Foreigners and stateless persons have the right to education and social services in Ukraine on an equal basis with Ukrainian citizens. This includes access to medical services, social assistance and other benefits.
Rights and obligations of migrants
Migrants have a number of rights and obligations that ensure their protection and integration into society. The main rights and obligations include:
Migrants' rights
Theright to freedom of movement. Migrants have the right to freedom of movement and choice of residence in Ukraine.
Theright to work. Migrants have the right to work in Ukraine on an equal footing with citizens of Ukraine, provided they have obtained an appropriate work permit.
Theright to education. Children of migrants have the right to education in Ukraine on an equal footing with citizens of Ukraine.
Right to social services. Migrants have the right to social services, including medical care, social assistance and other benefits.
Theright to protection from discrimination. Migrants have the right to protection from discrimination on the grounds of nationality, race, religion or other characteristics.
Duties of migrants
Duty to comply with the law. Migrants are obliged to comply with the legislation of Ukraine, including the rules of migration registration and other regulations.
The obligation to report achange of residence. Migrants are obliged to notify the State Migration Service of any change of residence during their stay in Ukraine.
Obligation to cooperatewith the authorities. Migrants are obliged to cooperate with the authorities during the consideration of their applications, provide truthful information and relevant documents.
Obligation to comply with therules of stay in Ukraine. Migrants are obliged to comply with the established rules of stay in Ukraine, including the duration of stay, employment conditions and other requirements.
Protection of migrants' rights
Migrants' rights are protected through various legal mechanisms that ensure the proper implementation of migration legislation. The main ways to protect rights include:
Administrative protection. Migrants have the right to apply to the SMS and other executive authorities to resolve issues related to their status and conditions of stay in Ukraine.
Judicialprotection. Migrants have the right to appeal against a decision to refuse a residence, work or asylum permit in an administrative court. Judicial proceedings ensure objectivity and impartiality in dispute resolution.
Assistance fromnon-governmental organizations. Migrants can apply to non-governmental organizations that provide legal assistance, advice and support in resolving migration-related issues.
International aspects of legal regulation of migration processes
Legal regulation of migration processes is international in nature, and many states use international standards and best practices in their activities. The main international aspects of legal regulation of migration processes include:
International standards and recommendations. Ukraine is obliged to comply with international standards and recommendations in the field of migration, in particular the 1951 Convention relating to the Status of Refugees, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and others.
International cooperation. Ukraine cooperates with international organizations such as the International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR) to coordinate efforts and address global migration issues.
Resolution of international disputes. International migration disputes can be resolved through international arbitration or judicial bodies such as the International Court of Justice or the European Court of Human Rights.
Conclusion.
The legal regulation of migration processes in Ukraine is an important tool for controlling migration flows, protecting migrants' rights and maintaining national security. It includes the legal framework, procedures for granting residence, employment and asylum permits, rights and obligations of migrants, as well as mechanisms for protecting rights in this area. Effective legal regulation contributes to the enhancement of human rights protection, development of democratic institutions and ensuring a stable legal environment in Ukraine.
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