Administrative-legal mechanism of forced return & expulsion in modern conditions

Abstract

The article studies doctrinal approaches to determining the administrative-legal mechanism of forced return and expulsion of foreigners and stateless persons. The formulation of the problem of the return of illegal migrants, its connection with important scientific or practical tasks is due to the European integration aspirations of Ukraine and the need to introduce effective management mechanisms in the migration sector. The study of the administrative-legal mechanism of forced return and expulsion aims to establish the purpose and current state of legal sectoral regulation in the general system of norms aimed at countering illegal migration, as well as the practice of their implementation to ensure migration security. The theoretical construction of the administrative-legal mechanism encompasses a legitimate and effective way of ensuring the public interest, which for the procedures of forced return of illegal migrants it is appropriate to consider migration security. Decision-making on the application of return has been transferred to a purely administrative sphere of competence of individual bodies – the State Migration Service, the Security Service of Ukraine, and the state border guard bodies. An appeal to the court is only envisaged and is accordingly correlated with the constitutionally defined functions of procedural control of the detention of a person for the purpose of carrying out expulsion. The established legislative practice of forced return of foreigners and stateless persons complies with the rules of the European Union in combating irregular migration, according to which it is allowed to make a separate administrative or judicial decision on expulsion. In the future, the problem of the legal nature of coercive measures of a migration nature needs to be resolved in order to improve their regulation in accordance with administrative legislation.