Main directions of migration and tort liability reform (administrative and legal analysis of proposals to legislation)

Abstract

The article is devoted to the analysis of the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses to Improve Migration Legislation” dated 20.11.2020 No 4411, research of an important issue of reforming administrative tort rules in the field of migration, working out of offers on perfection of the legislation in this sphere. It is no secret that the development of the modern world, technological progress and other achievements of civilization can not be imagined without the great migration of mankind. Migration is one of the most important factors in moving forward, developing new territories, intercultural exchange, promoting tourism, developing transport (especially air travel), communication between different countries. But in addition to the positive aspects, migratory movements may be associated with violations of certain norms and rules that lead to the emergence of such a phenomenon as illegal migration. Observance of law and order in the field of migration processes is one of the main tasks of the law enforcement system, which attracts the main attention of the legislator. The draft law is devoted to the improvement of substantive and procedural norms of the Code of Ukraine on Administrative Offenses, outlining the main directions of reforming the law enforcement approach and delimiting the competencies of the main subjects of application of norms in this area. The article emphasizes that the bill is not without certain structural shortcomings in the construction of the disposition of certain proposed provisions of the Code. Some provisions of the bill (Part 2 of Article 203 of the Code of Administrative Offenses in the wording of the bill) contain a discriminatory approach, establishing different in its severity, punishment for the same act, depending on the existing citizenship of the offender. It is concluded that the proposed version of Art. 203 of the Code, in the case of employment without a permit, imposes on the foreigner responsibility for illegal inaction committed by the employer and not the foreigner himself. It was found out that the norm on the obligation of a person to report cases of loss or theft of documents for the right to reside in Ukraine within three days. It was emphasized that the proposal of the authors of the bill to give employees of the State Border Guard Service of Ukraine the right to draw up reports on administrative offenses under Art. 173-3 of the Code of Administrative Offenses (Production and propaganda of St. George’s (guard) tape) and a proposal for consideration of such cases by courts (Article 221 of the Code of Administrative Offenses), as well as the right to administratively detain persons suspected of scientists of this offense.