Fraud in the course of representation of low-mobility groups of migrants in court by persons without powers (criminal law aspects of justice)

Abstract

The article is based on the study of domestic and foreign literary sources, regulatory and legal acts on coverage of migration processes in Ukraine and the stages of formation of the administration system with due regard to the principles of justice. The author analyses the composition of a criminal offence and its elements which are conditioned by the social necessity of the existence of a rule for the protection of social relations in the administration of justice and the use of representation in court without powers, taking into account low mobility groups of migrants. The author focuses on further improvement of one of the problematic issues of justice relating to the migration policy of Ukraine and representation of low-mobility groups of migrants in court by persons without powers and the issue of migration fraud, including the determination that in the case of representation in court without powers by an attorney-at-law and the possibility of bringing him/her to disciplinary liability for actions under Article 400-1 of the Criminal Code of Ukraine, fully ensures the protection of public relations in the field of justice and the exercise of the right to defence. The introduction of criminal liability for advocates creates obstacles to the practice of law, which grossly violates the rights of advocates to protect human and civil rights and freedoms.