"Migration & Law" is an peer-reviewed scientific and practical journal on migration law and migration-related phenomena, including sociological, political, economic and public administration issues
Legal certainty of the status of the State Border Guard Service of Ukraine as a special-purpose law enforcement agency
Section: Articles Keywords: border guard service, legal status, law enforcement agency, special-purpose body, legal certainty This article provides a scientific and legal analysis of the legal status of the State Border Guard Service of Ukraine as a specialized law enforcement agency in the context of contemporary security challenges and the need to improve the regulatory framework governing its activities. The focus is on the fact that the current Law of Ukraine “On the State Border Guard Service of Ukraine” establishes the status of the border guard service but does not provide a comprehensive legal definition of this body as an institution, limiting itself primarily to structural and organizational characteristics. Such legislative ambiguity complicates the unambiguous interpretation of the State Border Guard Service of Ukraine’s place within the security and defense sector, creates gaps in law enforcement, and negatively impacts the effectiveness of interagency cooperation with other law enforcement entities. The necessity of distinguishing the concept of the State Border Guard Service and its organizational structure in accordance with the requirements of legislative drafting is substantiated, as is the advisability of enshrining the definition of the State Border Guard Service in a separate article of the relevant law. Particular attention is paid to doctrinal approaches to understanding the category of “special-purpose law enforcement agency,” which is actively used in legislation but remains insufficiently standardized and ambiguous in the academic literature. Based on the views of scholars, the key characteristics of special-purpose agencies have been identified, including the specificity of tasks in the field of national security, special operating conditions, heightened requirements for personnel, and functional specialization. The conclusion is drawn that further improvement of the legislative regulation of the status of the State Border Guard Service of Ukraine is necessary to ensure legal certainty, the effective performance of border functions, and the establishment of an appropriate model of democratic control in the field of national security.
Copyright (c) 2026 Петро Кучерявий (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Forced migration and national security in context of contemporary challenges of migration law and public administration
Section: Articles Keywords: Migration, Public administration, National Security, Migration Law, Regulatory Framework, Migrants, Public Policy, Institutional Resilience, Migration Policy The article provides a comprehensive study of forced migration as a key factor influencing national security in the context of contemporary challenges in migration law and public administration. It is substantiated that, as a result of the full-scale war, forced migration in Ukraine has acquired a systemic and long-term character, transforming from a crisis phenomenon into a structural factor of the country’s socio-economic development. The main causes and features of contemporary migration processes are identified, including their large scale, duration, and multidimensional impact on the economic, social, demographic, and institutional components of national security. Based on an empirical analysis, the dynamics of forced migration in 2022–2025 are examined, which made it possible to identify a trend towards a gradual decrease in the number of migrants abroad and internally displaced persons, while maintaining significant migration flows. A close relationship between macroeconomic indicators and the scale of migration has been established. The results of econometric modeling demonstrate that the unemployment rate is the primary driver of forced migration, whereas economic growth acts as a restraining factor that stimulates return migration processes. The study analyzes contemporary challenges in migration law related to the need to adapt the regulatory framework to conditions of large-scale population displacement and to ensure a balance between the protection of human rights and national interests. It is proven that the system of public administration in the field of migration requires transformation towards greater adaptability, predictability, and institutional capacity. The paper proposes directions for improving public policy, including the integration of migration policy into the national security system, the development of mechanisms for reintegration and return of migrants, and the implementation of modern tools for migration management. The results obtained can be used in shaping effective migration policy and enhancing the resilience of socio-economic systems under contemporary challenges.
Copyright (c) 2026 Соломія Ганущин, Марія Вінічук (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Politicization of migration as a factor of electoral mobilization in the Visegrad group countries
Section: Articles Keywords: Politicization of Migration, Electoral Processes, Visegrad Group Countries, Populism, Political Discourse, Electorate The article examines the role of migration as one of the factors of electoral mobilization in the Visegrad Group countries – Poland, the Czech Republic, Slovakia and Hungary – in the period from the migration crisis of 2015 to the current election campaigns. The relevance of the topic is due to the fact that the migration issue has noticeably increased its presence in the political discourse of European states and is increasingly used by political actors as a tool to influence voters. Therefore, the aim of the article is to clarify how the issue of migration affects electoral behavior and shapes the features of political competition in these countries. The study is based on a combination of historical, comparative and behavioral approaches, which made it possible not only to trace the development of relevant processes in dynamics, but also to compare national cases and identify key motivational orientations of voters. The results obtained indicate that the impact of migration issues is heterogeneous and varies depending on the political context of each country. This factor is most clearly manifested in Hungary, where migration has long remained a central element of political rhetoric and an important tool for mobilizing the electorate. In Poland, the migration topic is also actively used in the election campaign, but its importance is largely balanced by other socio-economic issues. In contrast, in the Czech Republic, it does not acquire a decisive character and rather acts as an auxiliary factor in political competition. Slovakia occupies an intermediate position: with a noticeable rhetorical presence of the migration topic, its real impact on the election results remains limited. At the same time, we can talk about a general tendency to spread anti-migrant narratives among the leading political forces in the region, which affects the transformation of political discourse and contributes to the strengthening of social polarization. The issue of Ukrainian migrants deserves special attention: despite the fact that they are mainly perceived as forced migrants, their presence is gradually entering the sphere of political discussions. The results obtained can be used as a basis for further research into the relationship between migration processes and electoral behavior in the European space.
Copyright (c) 2026 Михайло Дубель (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Digital technologies in migration management: issues of legitimacy and the protection of human rights
Section: Articles Keywords: Digitalization, Migration policy, Electronic identification, Legitimacy, Public administration, Human rights The article presents a comprehensive theoretical and legal study of the use of digital technologies in the management of migration processes within the context of the contemporary transformation of public administration. It substantiates that digitalization – encompassing electronic identification, public electronic registries, mobile digital solutions, and artificial intelligence systems – significantly enhances the efficiency, responsiveness, and accessibility of administrative services, while simultaneously transforming the substance of the realization of human rights and freedoms. It is established that, alongside the positive effects of digital innovations, a complex set of legal and ethical challenges emerges, including risks of violations of the right to privacy, discrimination resulting from algorithmic decision-making, insufficient transparency of digital systems, and limited possibilities for contesting such decisions. The study analyzes international and national legal standards governing digital technologies in the field of migration, in particular human rights instruments and data protection regulations that constitute the foundation for the legitimate use of digital tools. It is demonstrated that the effectiveness of digitalization largely depends on proper legal legitimation, which requires compliance with the principles of the rule of law, proportionality, non-discrimination, and the maintenance of an appropriate balance between state security interests and human rights. Particular attention is devoted to the issue of the legitimacy of digital decision-making in public administration, which is determined not only by formal legality but also by the level of trust in public institutions, the transparency of algorithmic processes, and the inclusiveness of digital services. It is argued that the use of artificial intelligence in the migration domain necessitates the introduction of effective mechanisms of oversight, accountability, and the possibility to challenge decisions adopted by automated systems. It is concluded that the digitalization of migration governance has an ambivalent nature, combining the potential to expand access to rights and services with the risks of excessive control and intrusion into private life. The necessity of developing a comprehensive, interdisciplinary, and human-centered approach to digital solutions in the migration field is substantiated, ensuring the integration of technological innovation with legal and ethical standards as a key prerequisite for their legitimacy and effectiveness.
Copyright (c) 2026 Андрущенко Олеся (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Differentiation of goods smuggling from related criminal offenses
Section: Articles Keywords: Smuggling, Goods, Excise goods, Timber, Narcotics, Criminal law protection, Subject of criminal offense, Object of criminal offense This article examines current issues regarding the distinction between smuggling of goods and related criminal offenses in light of the latest amendments to Ukraine’s criminal legislation in 2023. A comprehensive analysis is conducted of the updated provisions of Articles 201, 201-1, 201-3, 201-4, and 305 of the Criminal Code of Ukraine, which regulate criminal liability for the smuggling of certain categories of items and goods. The objective and subjective elements of the elements of criminal offenses are examined. It has been determined that the key distinguishing features are: the nature of the object of criminal law protection (public safety, the state’s economic interests, the protection of natural resources and public health), the specific nature of the contraband (cultural artifacts, weapons, timber, excise goods, other goods in civil circulation), as well as the scale of the unlawful movement (significant, large, or especially large scale). A comparative analysis of the objective and subjective aspects of various forms of smuggling reveals similarities in the methods of commission and the intentional form of guilt; however, the difference in the construction of the object and subject determines the legal independence of each form. The established criteria for distinguishing smuggling ensure the consistent application of criminal law, prevent double jeopardy, and contribute to the effective protection of Ukraine’s social, state, and economic interests.
Copyright (c) 2026 Чумак Віталій (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Transformation of municipal & legal mechanisms for development of human potential in context of migration challenges and demographic crisis in Ukraine
Section: Articles Keywords: Municipal legal capacity, Human capital, Human Rights, Local community, Migration challenges, Demographic crisis, National and municipal security This article examines the directions of transformation in municipal legal mechanisms in Ukraine aimed at preserving and effectively rebuilding human capital in the face of existential threats caused by full-scale armed aggression. The author emphasizes that the systemic weakening of human capital in Ukraine due to the war, large-scale migration waves, and demographic decline is becoming a key challenge to the state’s institutional capacity and long-term sustainability. The conceptual justification and development of strategic directions for the transformation of municipal legal mechanisms aimed at preserving and developing human potential in Ukraine is currently a rather important task. This entails a transition from declarative state management to the realization of full legal capacity, primarily for municipal authorities in the sphere of demographic and migration security. The main focus shifts to the creation of municipal legal guarantees for repatriation and social inclusion in the context of existential migration challenges that threaten the very existence of Ukrainian society. A comprehensive model of municipal legal mechanisms is proposed, structured along three strategic vectors: security, resilience, and health; education; and material well-being. In turn, the security, resilience, and health pillar should focus on building an inclusive municipal environment in the short, medium, and long term. The transition to a proactive model of municipal security, based on technological self-sufficiency, the institutional and legal capacity of local communities in Ukraine, and their nation-centered identity, is justified. In the short term, regarding security, resilience, and health, the priority should be ensuring the resource autonomy of life-support facilities through the regulatory establishment of local decentralized energy systems and the creation of adaptive medical hubs. Special attention is given to municipal cyber resilience as a prerequisite for the protection of communities’ critical information and communication infrastructure. In the medium term, the implementation of a permanent readiness architecture is proposed. This entails the mandatory adoption of municipal building standards for creating inclusive dual-purpose spaces, the integration of environmental monitoring systems into the early warning network for terrorist threats, and the institutionalization of a proactive response model. The basis for this transformation is defined as the convergence of digital technologies, decentralized infrastructure, and updated municipal legislation, which transforms local self-government into a key moderator of municipal and national security. It has been demonstrated that the development of a sustainable nation-centered identity is not merely an ideological task, but a critical municipal and legal prerequisite for transforming human capital into the primary driver of systemic resilience in communities.
Copyright (c) 2026 Демиденко Володимир (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Systems of administrative delicts & criminal offenses in the border sphere
Section: Articles Keywords: System of offenses, Delictology, Administrative delicts, Criminal offenses, Border area, Law and order, Border security This article critically analyzes existing doctrinal and legislative approaches to the classification of offenses in Ukraine’s border sphere. It is proposed that the systematization of violations of Ukrainian legislation on the state border be carried out according to the generic object of offenses in the border area, which should be considered to be the social relations that ensure a balanced state of protection against external and internal threats to the protected interests of individuals, society, and the state (the state’s border security). It serves as the primary connecting feature of administrative offenses and crimes in the border sphere. Their distinguishing features – which are subjective characteristics – should be identified during the classification of a specific crime or administrative offense. It is precisely due to the totality of these social relations that it is proposed to systematize and group the acts under study. It is argued that the aforementioned generic object is not characteristic of the crimes provided for in Articles 333 and 334 of the Criminal Code; therefore, they cannot be classified as crimes in the border sphere of Ukraine.
Copyright (c) 2026 Курилюк Юрій (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
System for combating domestic violence: national and international dimensions
Section: Articles Keywords: Domestic violence, Victims, Criminalization of domestic violence, National legislation, International legislation, Combating domestic violence, Law enforcement agencies This article examines the issue of domestic violence as one of the most complex and socially dangerous forms of human rights violations, encompassing criminal law as well as social, psychological, and cultural aspects. It is determined that the distinctive feature of this phenomenon lies in its high level of latency, as a significant portion of violence cases remain outside official statistics due to the victims’ fear, economic dependence on the abuser, distrust of law enforcement agencies, as well as societal stereotypes regarding the “privacy” of family relationships. Domestic violence manifests itself in physical, psychological, sexual, and economic forms, each of which causes lasting harm to the physical and mental health of the victims. Particularly dangerous is the systemic nature of such violence, which is accompanied by control, intimidation, and isolation of the victim, gradually depriving them of the ability to independently defend their rights and interests. As a result, domestic violence often becomes a factor in secondary victimization and leads to the recurrence of criminal behavior. The psychological and emotional exhaustion of the population, the traumatic experience of war, forced displacement, loss of employment and housing, as well as the general instability of socio-economic conditions contribute to increased conflict within families and a higher risk of violent acts. War exacerbates existing power imbalances in family relationships and creates additional barriers to the timely detection and prevention of domestic violence. The insufficient effectiveness of early response mechanisms and victim protection remains a serious problem. Despite the existence of specific legislation and the criminalization of domestic violence, in practice, victims often face a formalistic approach from authorized agencies, the difficulty of proving the systematic nature of the violence, as well as limited access to social and psychological services, especially in rural areas or in territories close to the combat zone. The issue of domestic violence against vulnerable groups – children, the elderly, and people with disabilities – requires special attention.
Copyright (c) 2026 Рощина Інна (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal architectonics of the administrative-jurisdictional activity of the State Border Guard Service of Ukraine
Section: Articles Keywords: Administrative jurisdictional activity, State Border Guard Service of Ukraine, Legal architectonics, Delict component, Migration component, Readmission component, Procedural-securing component, Administrative offences, Prevention of offences The article is devoted to the study of the administrative jurisdictional activity of the State Border Guard Service of Ukraine and to the development of its conceptual model through the category of legal architectonics. The study substantiates the expediency of applying the concept of the “legal architectonics of the administrative jurisdictional activity of the State Border Guard Service of Ukraine” as a methodological construct that allows for a systematic reflection of the structure, functional purpose, and interrelationship of the principal directions of the administrative jurisdictional activity of the border agency. Based on the analysis of administrative legislation, academic approaches, and the practical activities of state border protection bodies, it is proposed to consider the administrative jurisdictional activity of the State Border Guard Service of Ukraine as an activity regulated by the norms of administrative law and carried out by authorized officials of state border protection bodies in relation to the consideration and resolution of administrative legal disputes and other individual administrative cases, proceedings in cases of administrative offences, examination of appeals submitted by natural and legal persons, application of administrative procedural measures of a securing nature, implementation of administrative and legal measures of migration control, and fulfilment of Ukraine’s international obligations in the field of readmission of persons. Within the framework of the research, a structural model of the legal architectonics of the administrative jurisdictional activity of the State Border Guard Service of Ukraine has been developed, which includes five interrelated components: delict, migration, readmission, claim-and-legal, and procedural-securing. The delict component is associated with the detection of administrative offences in the border sphere, their documentation, consideration of cases, and bringing the perpetrators to administrative liability. The migration component covers the implementation of powers related to the application of administrative and legal measures aimed at controlling the stay of foreigners and stateless persons. The readmission component reflects the international legal dimension of the activity of the State Border Guard Service of Ukraine and is associated with the implementation of procedures for the acceptance and transfer of persons in accordance with Ukraine’s international readmission agreements. The claim-and-legal component ensures the exercise of the right of individuals to submit appeals and to challenge decisions, actions, or omissions of officials of state border protection bodies through administrative procedures. The procedural-securing component encompasses the application of administrative procedural coercive measures provided for by legislation and aimed at ensuring the proper conduct of administrative proceedings. The article substantiates that the identified components form a functionally differentiated yet systemically integrated model of the administrative jurisdictional activity of the State Border Guard Service of Ukraine, within which the mechanisms of administrative liability, migration control, international cooperation in the field of readmission, and guarantees of administrative protection of individual rights are combined.
Copyright (c) 2026 Кушнір Ярослав (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Public policy analysis of regulation of migration processes as a tool for overcoming demographic threats to national security
Section: Articles Keywords: Migration policy, Migration processes, Public policy, National security, State regulation of migration, Public administration tools, Demographic threats, Human capital, Sustainable development The article provides a comprehensive analysis of public policy mechanisms aimed at regulating migration movements in the context of modern security challenges. The relevance of the study is due to the need to find effective tools for preserving the human capital of Ukraine in the context of full-scale aggression and the aggravation of the demographic crisis. The scientific novelty of the work lies in the systematization of the tools of state influence on the migration intentions of the population through the prism of four levels: regulatory and administrative, financial and economic, institutional and informational. The article presents world practices of selective involvement of specialists (the experience of Canada, Georgia) and repatriation strategies (the experience of Ireland), which allowed us to determine the limits and possibilities of their adaptation to the national context. Special attention is paid to the "digital sustainability" of the Ukrainian model of migration management. The role of the "Diya" application as a tool for continuous remote interaction of the state with citizens abroad, which is a preventive measure against the loss of national identity, is highlighted. Economic programs (“e-Settlement”, grant support for business) are analyzed as key elements of the financial and economic mechanism that form the prerequisites for the return of migrants in the post-war period. It is proven that strategic planning in this area should be transformed from reactive administration to proactive modeling based on Big Data and clear performance indicators (KPI). The need to transition to interdepartmental coordination (the “Inter-agency task force” model) is substantiated, which will allow combining the efforts of different branches of government around the idea of forming long-term public value. The proposed recommendations for improving strategic planning are aimed at strengthening the institutional capacity of the state in ensuring national security and sustainable demographic development.
Copyright (c) 2026 Поступна Олена (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Acquis Schengen on Ukraine’s path to European integration
Section: Articles Keywords: European integration, International law, EU law, Integrated border management, Schengen Area, Acquis Schengen, Crossing of state border This article outlines the strategic vision, core principles, objectives, institutional mechanisms, and general direction of Ukraine’s Schengen Action Plan on its path to full membership in the European Union. It is determined that the implementation of the Schengen management system in Ukraine requires the involvement of representatives from relevant ministries, other central executive bodies, and the expert community. To define the strategic vision, core principles, objectives, and institutional mechanisms, a Framework for the Schengen Action Plan for Ukraine must be approved. It has been established that it is advisable to organize the work of interagency expert working groups by areas of the Schengen Acquis (border control, visa policy, migration and asylum, police cooperation, judicial cooperation, the Schengen Information System, and personal data protection), with the mandatory involvement of experts from European Union institutions.
Copyright (c) 2026 Нікіфоренко Володимир, Олійник Світлана (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Engaging public formations in the operationalsearch activity of the state border guard service of Ukraine: current state and prospects
Section: Articles Keywords: Operational-search activity, State Border Guard Service of Ukraine, State border, Public formations, Local population, National security, Martial law The article examines the involvement of the local population in facilitating the operational-search activity carried out by the operational units of the State Border Guard Service of Ukraine. It is substantiated that, in the context of armed aggression against Ukraine and the application of the legal regime of martial law, interaction between border guard units and the public acquires particular significance as an element of ensuring national security and protecting the state border. The regulatory and legal framework governing the participation of citizens and public formations in the protection of the state border is analyzed, including the provisions of Ukrainian laws and departmental instructions. It is established that the current legislation provides only general guidelines for such participation and does not ensure an effective mechanism for involving the public in the performance of operational-search tasks. Based on statistical data from the Administration of the State Border Guard Service of Ukraine, a trend toward a decrease in the number of active public formations in border regions has been identified. This trend is caused by mobilization processes, the occupation of certain territories, and the involvement of members of these formations in the defense forces. The existence of unrealized potential of public formations in the field of operational-search support for state border protection is substantiated. The classification of public formations participating in the protection of the state border has been further developed according to the nature of their tasks, areas of activity, composition, scope of powers, and forms of interaction with border guard units. Emphasis is placed on the expediency of institutionalizing the participation of local residents, veterans of the State Border Guard Service, and combatants in facilitating operational-search activity, as well as on the need to improve the system of moral and material incentives for such cooperation.
Copyright (c) 2026 Олександр Денисюк (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Actus reus of goods smuggling: doctrinal approaches and case law
Section: Articles Keywords: Smuggling, Actus Reus, Customs control, Completed criminal offense, Attempt to smuggle, Voluntary renunciation This article examines the actus reus of goods smuggling as an element of the criminal offense provided for in Article 201-3 of the Criminal Code of Ukraine. It analyzes doctrinal approaches to defining the actus reus and its constituent elements, as well as the legal framework under current legislation. Particular attention is paid to the moment of completion of the smuggling of goods and the conditions for voluntary abandonment of the unlawful intent. Based on an analysis of judicial practice, specific methods of smuggling goods and mechanisms for concealing items from customs control are identified. It has been established that the movement of goods in significant or large quantities is a criterion for the completion of a criminal offense, and failure to carry out the act due to circumstances beyond the person’s control is classified as an attempt to smuggle goods. It has been determined that linking the moment of completion of goods smuggling to the actual crossing of the customs border upon export of goods complicates the fight against this criminal offense, whereas upon import into the territory of Ukraine, completed smuggling is recorded after passing through customs control, which reduces the risk of mitigating the classification of the act as an attempt. The results of the study emphasize the significance of the actus reus for qualifying smuggling, determining the moment of completion of the offense, and imposing the appropriate punishment, as well as substantiate the need to improve legislative regulation to enhance the effectiveness of combating the illegal movement of goods across the customs border of Ukraine.
Copyright (c) 2026 Віталій Чумак (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Vulnerability as a subject of evidence in criminal proceedings on human trafficking (based on case law)
Section: Articles Keywords: Vulnerability, Human trafficking, Method of сommission, Evidence, Proof, Judicial practice The article examines the issues of establishing and proving the vulnerable state of victims of human trafficking that arise in the practice of pre-trial investigation bodies and the court. Such a feature of the victim as a vulnerable state in criminal proceedings of the specified category affects the determination of the method of committing human trafficking. The studied judicial practice indicates that it is the use of a person's vulnerable state that is the most common method of committing this criminal offense. The factors that cause the vulnerable state of the victim may differ depending on the actual circumstances of the case. In particular, one or another type of exploitation (sexual, labor, involvement in begging) is usually directed at a certain category of victims, whose vulnerability is due to various factors of a social or physiological nature. The studied judicial practice has shown that the majority of cases of human trafficking are associated with sexual exploitation, and the majority of victims have a vulnerable state caused by various social factors. The category of “vulnerable state” is evaluative, and the legislative definition of such a state provides only guidelines for its assessment, which is carried out by the investigator, prosecutor and court within the framework of a specific criminal proceeding. The examples given in the article relate to different forms of exploitation in order to reflect different situations in which the court assesses the vulnerable state of the victim, as well as establishes the fact that the accused was aware of such a state and used it for his own purposes. Proving these facts must be based on an appropriate evidentiary base. The article also provides examples of relevant evidence that may be useful to practitioners during pre-trial investigation and court proceedings in criminal proceedings on the facts of trafficking in human beings. These include materials of covert investigative (search) actions, expert opinions, medical documents and other evidence that the court takes into account in such cases.
Copyright (c) 2026 Андрій Орлеан, Ігор Пилипенко (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Normative distinction between illegal trafficking of persons across the Ukrainian state border from related criminal offenses
Section: Articles Keywords: Criminal liability, Related criminal offenses, Delimitation of criminal offenses, Illegal trafficking of persons, State Border, Organizer, Martial law The article is devoted to analysis of the features of the normative differentiation of the corpus delicti of criminal offense provided for in Article 332 of the Criminal Code of Ukraine from related criminal offenses. The relevance of the study is determined by the presence of problems in law enforcement practice regarding the qualification of acts related to the organization of illegal trafficking of persons across the state border of Ukraine, which is caused by the similarity of the objective and subjective elements of related offenses, as well as the ambiguity of their normative regulation. The study conducts a systematic examination of the elements of the corpus delicti of the criminal offense under Article 332 of the Criminal Code of Ukraine, focusing on the object, the objective side, the subject, and the subjective side, and identifies key criteria for distinguishing it from related criminal offenses, in particular those provided for in Articles 149, 332-1, 332-2, 358, and other provisions of the Criminal Code of Ukraine. Special attention is paid to clarifying the content of features such as the method of committing the act, the purpose and motive of criminal behavior, the form of guilt, and the nature of socially dangerous consequences. It is emphasized that the illegal trafficking of persons across the state border has an independent direct object and does not cover cases of illegal border crossing without a specific intent to harm the interests of the state, which entails administrative liability. The study separately considers issues of qualification in cases where trafficking is combined with the exploitation of persons, document forgery, or corruption-related acts, which requires the application of the rules of cumulative criminal offenses. The conclusion is drawn that effective law enforcement of Article 332 of the Criminal Code of Ukraine is possible only under the condition of a comprehensive consideration of the objective and subjective elements of the offense and strict adherence to the criteria for its differentiation from related offenses, which is of fundamental importance for ensuring the consistency of judicial practice and the rule of law in criminal law.
Copyright (c) 2025 Сергій Шехтер (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Covert investigative actions under judicial oversight: analysis of judicial practice & prospects for reform taking into account the experience of State Border Guard Service of Ukraine
Section: Articles Keywords: Covert investigative (search) actions, Judicial control, Case law, Admissibility of evidence, Human rights, Proportionality, ECtHR, State Border Guard Service of Ukraine, Martial law The article is devoted to the analysis of the legal nature of covert investigative (search) actions (CISA) within the system of judicial control and the identification of key problems in their application. It is emphasized that judicial control is the main guarantee of the legitimacy and proportionality of interference in private life, particularly in the spheres of communication, housing, and personal data. Statistical data indicate an imbalance between the high rate of granted motions and the low evidentiary value of their outcomes, which confirms the formalization of judicial control. The study distinguishes between investigative measures and CISAs, reveals their procedural nature and significance in criminal proceedings, and examines the experience of the State Border Service of Ukraine in this area. Attention is paid to the practice of the Supreme Court, which determines the criteria for the admissibility of evidence obtained as a result of CISAs. At the same time, the analysis highlights the problems of insufficiently reasoned motions, formalism in their review, and the limited access of the defense to procedural documents. The article also examines the case law of the European Court of Human Rights, which has established standards of legality, proportionality, effective judicial control, and the prohibition of excessive interference. The application of these standards in the national legal system is considered a necessary condition for ensuring genuine, rather than declarative, protection of individual rights. The conclusion emphasizes the need to reform the institution of CISAs through the improvement of judicial decisions, the introduction of a mechanism for notifying individuals after investigative risks have been eliminated, the expansion of the defense’s procedural rights, and the enhancement of proportionality safeguards. Such an approach would preserve the exceptional nature of CISAs and maintain a balance between the state’s interest in combating crime and human rights.
Copyright (c) 2025 Сергій Халимон, Ольга Ващук, Назар Бережанський (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal and legal protection of territorial integrity of Ukraine: transformations of legislation after 2014 taking into account international standards
Section: Articles Keywords: State Border, Territorial integrity, State sovereignty, Crime of aggression, Act of aggression, Criminal law protection, International standards, Criminal law policy, National security, Ukraine The article examines the protection of the territorial integrity of Ukraine in the context of armed aggression by the Russian Federation and the active implementation of international standards of criminal responsibility. It is determined that after 2014 there was a systematic revision of criminal legislation in the field of protection of sovereignty and territorial integrity, which led to the formation of a new security vector of the criminal law policy of the state. The provisions of international acts are analyzed, primarily the Charter of the United Nations, the Final Act of the Conference on Security and Cooperation in Europe, the Rome Statute of the International Criminal Court of 1998 (hereinafter referred to as the Rome Statute), which enshrine the principles of the inviolability of state borders and define the concept of the crime of aggression. It is emphasized that the ratification of the Rome Statute on August 21, 2024 became a key stage in Ukraine's integration into the system of international criminal justice, confirmed the state's readiness to recognize the jurisdiction of the International Criminal Court (hereinafter referred to as the ICC) and contributed to the harmonization of national legislation with international standards. It is noted that despite the presence of common features, the crime of aggression in international law has a broader meaning, covering aspects of the international responsibility of states, while in the criminal law of Ukraine it focuses on the protection of sovereignty and the foundations of national security. It is proven that the effective implementation of international standards requires the creation of an effective mechanism of complementarity between national jurisdiction and the ICC, which provides for amendments, first of all, to the Criminal Procedure Code of Ukraine in order to determine the procedures for cooperation in cases related to crimes of aggression and violations of territorial integrity. As a result, it is concluded that the criminal-legal protection of the territorial integrity of Ukraine is at the stage of qualitative renewal: there has been a reorientation from an intrastate to an integrated approach based on the principles of international criminal law. Such an evolution contributes to strengthening national security and increasing the international legitimacy of Ukrainian statehood.
Copyright (c) 2025 Марія Красій (Автор) https://creativecommons.org/licenses/by-nc-sa/4.0
Genesis of constitutional and legal foundations of Ukraine’s cooperation with EU country’s regarding displaced persons from Ukraine
Section: Articles Keywords: European asylum system, Temporary protection, Human Rights Problems of legal regulation of forced migration and ensuring the realization of the rights of forcibly displaced persons have always concerned the international community. They gained particular relevance on February 24, 2022, when millions of people, in order to save their lives, were forced to leave the territory of Ukraine. The implementation decision of the EU Council on March 4, 2022, put into effect Directive No 2001/55/EC of the EU Council of July 20, 2001, on minimum standards for giving temporary protection in case of a mass influx of displaced persons and measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. The purpose of this article is to explore the establishment of the temporary protection institution and the genesis of constitutional and legal foundations of cooperation between Ukraine and the European Union regarding displaced persons from Ukraine. It is emphasized that in order to improve legislation regulating Ukraine’s cooperation with EU member states regarding the legal status of persons with temporary protection in the EU, it is important to study the peculiarities of the genesis and establishment of the temporary protection institution at different historical stages. Based on the analysis of legal sources and normative legal acts of a certain historical period, three main directions are distinguished: the first is the genesis of the international refugee and asylum system at the universal level; the second is the formation of the international refugee and asylum system at the European level; the third is the formation of legislation regarding Ukraine’s cooperation with EU countries regarding displaced persons from Ukraine. Based on the analysis of EU normative legal acts, in particular Directive No 2001/55/EC of the EU Council on minimum standards for giving temporary protection in cases of mass influx of displaced persons and measures to support the balance of efforts of member states in connection with their reception and the consequences thereof, adopted on July 20, 2001, and the EU Council Decision of March 4, 2022, as well as the legislation of EU member states, the features of obtaining temporary protection by forcibly displaced persons from Ukraine due to the military aggression of the Russian Federation have been studied.
Copyright (c) 2023 Volodymyr Vasechko https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal liability for migration fraud: national and international law
Section: Articles Keywords: Migration, Fraud, Criminal liability, Deception, Breach of trust, Employment fraud schemes One of the key principles of the national foreign policy is to ensure Ukraine’s integration into the European political, economic, and legal space with the aim of gaining membership in the European Union. For this purpose, the authorities in our country ratified international treaties and adopted a number of laws, which, both in the pre-war period and during martial law, significantly reduced the level of offenses in the field of human trafficking, since millions of Ukrainians have been abroad since the beginning of the war, and together with the temporary protection, refugees gained access to the labor market in European countries. At the current stage of state formation, migration has become an element of the movement of people in many countries of the world, since migration policy in European countries is an important factor in ensuring the national security of the states of the European Union and migration processes require constant and proper control by state authorities. In the context of the strengthening of civil society institutions in Ukraine as a democratic, social, legal state, the study of the issues of legislative protection of human and citizen rights and freedoms in Ukraine, among which the right to freedom of movement occupies a special place. And the number one issue is irregular migration, which is a choice between security and ghostly earnings. Labor migration is a quick and popular way to earn a significant amount of money, but this easy availability of earnings has another side - fraud, which is a very widespread phenomenon in the labor migration market and it starts with offers of illegal employment abroad, and sometimes ends with real labor slavery. There are problematic situations of silencing cases of discrimination abroad, because it is connected with insufficient awareness of our compatriots about their rights and the mechanisms for their protection, because when they find themselves in such situations, people do not know where to turn for help or are afraid of losing their jobs, because most of them are labor-related by migrants and spreading negative information about them by employers can lead to job loss. It is possible to outline several groups of risks regarding persons who are potentially more prone to falling into fraudulent schemes. First, people who agree to leave illegally to work abroad because the promise of a higher salary works, because the employer does not pay taxes for the employee.
Copyright (c) 2023 Inna Roschyna, Olha Kryshevych https://creativecommons.org/licenses/by-nc-sa/4.0
Phenomenon of social adaptation of forced Ukrainian migrants in Eastern European countries: some models, regulatory mechanisms
Section: Articles Keywords: Temporary protection, Forced migration, Refugees, Social adaptation The war in Ukraine has led to the largest migration crisis in Europe since World War II. Over 14.5 million citizens have left Ukraine after February 24, 2022, with 11.7 million of them heading to European Union countries. The scale of forced migration by Ukrainians has compelled EU countries to take unprecedented measures to provide protection to our citizens against russian military aggression. This article analyzes and identifies key models and mechanisms of social adaptation for forced migrants from Ukraine in Eastern European countries, using examples from aspects in Poland and the Czech Republic. It is noted that the phenomenon of social adaptation of forced migrants from Ukraine in Eastern European countries, primarily in Poland and the Czech Republic, is based on a complex of objective and subjective factors. The determining factors include ethnic roots, historical and cultural heritage, previous rich interconnections, and practices of socio-economic interaction. The implemented temporary protection regulations for forced migrants in EU countries, as well as the models and mechanisms of social adaptation for Ukrainians who have obtained such status, testify to their systematic nature and effectiveness. However, the 30% indicator of those unwilling to return to Ukraine exacerbates the problem of catastrophic consequences of mass migration for Ukraine’s most valuable capital – its human and intellectual resources. The article suggests directions for further research on the issues of studying European models and mechanisms of social adaptation for Ukrainian migrants, particularly in countries with potentially similar cultural-ethical identities in Eastern Europe, in terms of creating optimal conditions and principles for their reverse migration and reintegration, as well as the applicability of the phenomenon of social adaptation for forced migrants in realizing Ukraine’s European aspirations and its accession to the EU.
Copyright (c) 2023 Kateryna Bannikova https://creativecommons.org/licenses/by-nc-sa/4.0
Anti-crisis regulation of economic processes in conditions of mass migration
Section: Articles Keywords: Anti-crisis regulation of the economy, Population migration, Internal displaced persons, Forced migrants The issue of anti-crisis regulation of economic processes in the conditions of massive population migration is multifaceted and requires interdisciplinary approaches. Ukraine’s economy suffered a devastating impact during the year of the war, with a decrease in real GDP and unprecedented growth in budget deficits and inflation, as well as disruptions in logistics and trade. At the same time, a war of this scale also has a significant impact on the economies of the EU and global countries. Experts argue that the war in Ukraine may impede or even delay the achievement of UN Sustainable Development Goals, not only for Ukraine but also for the EU and other countries, especially those that are developing and more vulnerable to economic threats. The consequences of this war have already affected both local and global dimensions. The government has identified four priority sectors that are expected to become the engine of economic recovery. However, insufficient transparency, high levels of corruption, and incomplete judicial, tax, and administrative reforms diminish investors’ trust, restrain entrepreneurship, and nullify economic development strategies. The anti-crisis recovery of Ukraine’s economy already leads to the conclusion of the need to form optimal regional development models, taking into account the actual state of their devastation and resource capabilities during both the current and post-war periods. The scale of migration of the Ukrainian population is catastrophic. Solving the problem of labor market restructuring serves as the basis for anti-crisis regulation of the economy. According to rough estimates, the total number of internally displaced persons and refugees abroad may reach 30–40% of the population of Ukraine. The objective uncertainty regarding the duration of the war and the threat of possible freezing of the conflict increases the risks of a significant outflow of human and intellectual capital. On the other hand, the chaotic distribution of internally displaced persons across regions of Ukraine and the ruin of many enterprises and businesses lead to a labor resource imbalance. The key aspects of anti-crisis regulation of economic processes in the conditions of massive forced population displacement, as outlined in this study, as well as the main bases for restructuring the labor market, can become directions for scientific research aimed at forming effective strategies.
Copyright (c) 2023 Yurii Kuryliuk https://creativecommons.org/licenses/by-nc-sa/4.0
Influence of migration processes on the spread of transnational legalization (money laundering) of crime, in the context of the subject of the offense
Section: Articles Keywords: Migration, Globalization, Legalization, Money laundering, Object of crime, Transnational money laundering The article is devoted to the issue of studying the impact of modern migration and globalization processes of the economy on the spread of transnational crime in the context of the crime of legalization (laundering) of the proceeds of crime. The article also analyzes the subject matter of legalization (laundering) of the proceeds of crime, as well as the most common phases and stages of committing legalization (laundering) with such property as a type of transnational crime. In search of the essential content of the concept of the subject matter of legalization (laundering) of assets obtained by criminal means, the author analyzes the proposed approaches to this issue by scholars and court opinions, and as a result, the author proposes to use the collective concept of “property”, meaning any assets obtained in whole or in part, and also both directly and indirectly as a result of a crime. The author establishes that the offense of legalization (laundering) of the proceeds of crime is of an international nature, and recently it has acquired the characteristics of a transnational crime. This is facilitated by the unimpeded movement (transfer) of assets of criminal origin to any jurisdiction. Globalization processes, which create conditions for cross-border laundering of criminal proceeds, have a significant impact on the spread and proliferation of money laundering.
Copyright (c) 2023 Daryna Kryvonos https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal responsibility as the only criterion of the real fight against human trafficking
Section: Articles Keywords: Criminal liability, Human trafficking, Report, Anti-trafficking program until 2025 In this article the real state of criminal responsibility for human trafficking in recent years is highlighted, as well as suggestions for improving the mechanism of bringing guilty persons to criminal responsibility. The article shows that despite the successes in international cooperation in the field of combating human trafficking, the real indicators of prosecution have been decreasing in recent years. Lenient sentences do not adequately reflect the nature of the crime and undermine broader efforts to combat human trafficking. In addition to the corruption that makes human trafficking go unpunished, it is telling that for the sixth year in a row, none of the officials involved have been sentenced. The adopted anti-trafficking program until 2025 lists only, mostly not new, goals that will contribute to anti-trafficking in the form of detecting and solving crimes, but the document itself does not mention the main indicator of the success of the system of criminal responsibility for human trafficking. At the same time, without criminal liability, all efforts to combat human trafficking become useless, and therefore the system needs real changes in the implementation of criminal legislation, including the introduction of an electronic court, the terms of consideration of cases, and the redistribution of cases from courts that are unable to handle them due to excessive workload consider the case in the courts that have the possibility to consider the case.
Copyright (c) 2023 Vita Musatenko https://creativecommons.org/licenses/by-nc-sa/4.0
Migration of the population due to full-scale military aggression against Ukraine
Section: Articles Keywords: Migration, Migration policy, Military aggression, Ukraine The article highlights the changes in the migration situation in Ukraine after the full scale military invasion of the Russian Federation, and proposes proposals for improving migration policy based on its analysis. It is determined that after the full-scale military invasion on February 24, 2022, Ukraine faced unprecedented challenges in its modern history. The military aggression against Ukraine has led to an unprecedented migration of the Ukrainian population since World War II. After Ukraine gained independence on August 24, 1991. Ukraine gained its independence on 24 November 1991, migration went through a certain evolution: at first, movements were mainly ethnic (due to the collapse of the USSR), Ukrainians and Crimean Tatars, formerly politically repressed, returned to their homeland, and, over time, socio-economic factors of migration became decisive. As a result of the war, migration from Ukraine abroad became the only option for many Ukrainians to save their lives and families. Although temporary migration remains the predominant model of migration behavior, there is a growing tendency for temporary migration to turn into permanent migration, which threatens to inevitably lead to the loss of a part of the intellectual and labor potential. The author proposes to urgently formulate an adequate state migration policy and legislation that will help ensure regulated and safe migration, protect the rights of migrants and create security, economic and social preconditions for the return of Ukrainians to their homeland.
Copyright (c) 2023 Natalia Kolomiyets, Vitaliy Goletc https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal liability for using a minor migrant for begging: national and international legislation
Section: Articles Keywords: War, Migration, Migrants, Refugees, Human trafficking, Criminal responsibility, Minors, Begging One of the key principles of the national foreign policy is to ensure Ukraine’s integration into the European political, economic and legal space with the aim of gaining membership in the European Union. This integration is of great importance for the development of the country, improving its economy, strengthening democracy and ensuring human rights. Ratification of international treaties and adoption of laws contribute to creating a legїal basis for reforms and solving problems, in particular in the field of human trafficking. Conflict and war often lead to a significant increase in the risk of human trafficking, as they create a complex situation in which people can become vulnerable to trafficking and exploitation, which takes many forms. Therefore, the possibility of access to the labor market in European countries can really reduce the risk of their potential participation in human trafficking, while it is important to ensure adequate protection and support for refugees and migrants. According to a recent analysis by UNICEF and the United Nations Coordination Group of Agencies Against Trafficking in Persons (ICAT), 28% of identified victims of human trafficking worldwide are children. With regard to Ukraine, UNICEF’s child protection experts believe that children are likely to constitute an even greater proportion of potential victims of trafficking, 34% that they represent more than half of all refugees who have left the country to date. In the conditions of the formation of Ukraine as a legal state, the problems of child vagrancy and begging, as well as the involvement of children in anti-social and criminal activities, are particularly relevant. At the same time, the will, honor and dignity of the child, as well as his health, suffer the most. Modern society should pay more attention to the issue of protecting the child from the negative influence not only of others, but also of adults. State institutions and the public are obliged to actively develop preventive measures in order to prevent this negative phenomenon. As mentioned above, the field of crime prevention related to the use of a minor child for begging requires scientists to study not only the domestic experience of preventing such crimes, but also the analysis of effective foreign practices to overcome such a negative phenomenon as begging and the use of children for begging. According to the Office of the International Organization for Migration (IOM) — the UN Agency for Migration in Ukraine, over 30 years, about 300,000 people have suffered from human trafficking in Ukraine. The key aspects related to the use of a minor child for begging in conditions of mass forced displacement of the population are outlined in this study, as well as the basic principles of solving this problem in both national and international legislation can become directions of scientific research aimed at the formation of effective strategies.
Copyright (c) 2023 Inna Roschyna https://creativecommons.org/licenses/by-nc-sa/4.0
Characteristics of persons committing fraud against a foreigner or stateless person: international and national legislation
Section: Articles Keywords: Fraud, Stateless persons, Foreigners, Criminal liability, Deception, Breach of trust Since foreigners and stateless persons who stay in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine, foreigners and stateless persons who are under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognition of their legal personality and fundamental human rights and freedoms. In addition, the legal status of foreigners and stateless persons is based on the fact that foreigners and stateless persons who are legally in Ukraine enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine; foreigners and stateless persons are obliged to strictly observe the Constitution and laws of Ukraine, other regulatory legal acts, not to infringe on the rights and freedoms, honor and dignity of other people, interests of society and the state. Foreigners and stateless persons enjoy numerous economic rights and freedoms in Ukraine, and as subjects of private property rights, foreigners and stateless persons may also own, use and dispose of their property and the results of their intellectual and creative activities. They may own houses, apartments, personal items, means of production, funds, and are also subjects of freedom of entrepreneurship, the right to housing, and the right to an adequate standard of living. But it is also necessary to take into account that the most vulnerable to criminal offenses against them are foreigners (a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states) and stateless persons (a person whom no state considers its citizen in accordance with its legislation), who may become victims of a criminal offense against property (for example, fraud) and criminal offenses of a different nature (fraud or breach of trust), so we Whereas, fraud (taking possession of someone else’s property or acquiring the right to property by deception or breach of trust) is a universal norm that covers any type of fraud and has an unlawful effect on the will and consciousness of the victim in the form of deception or breach of trust, whereas fraud is the concealment of certain information or communication of false information to the victim with the aim of misleading the victim (foreigner or stateless person), and breach of trust is the unfair use of trust by the victim (who are foreigners or stateless persons).
Copyright (c) 2023 Olha Kryshevych https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal liability for obtaining undue advantage by officials at the state border of Ukraine
Section: Articles Keywords: Criminal liability, Unlawful benefit, Official, Individual, Special subject, Receipt, State Border Guard Service, Checkpoint Acceptance of an offer, promise or receipt of an unlawful benefit by an official (Article 368 of the Criminal Code of Ukraine) is one of the most common criminal offenses in the field of official activity and professional activities related to the provision of public services. This is especially true for the receipt of unlawful benefit by officials at the State Border of Ukraine. Obtaining an undue advantage is the acceptance by an official of an undue advantage for himself or herself or a third party for performing or failing to perform any action in the interests of the person providing the undue advantage or in the interests of a third party using the power vested in him or her, the organizational, administrative or administrative and economic functions assigned to him or her, or those that he or she was not authorized to perform, but which other officials could have taken measures to prevent due to his or her official position. It provides for the receipt of an undue advantage in any form, since liability for obtaining an undue advantage arises only if the official received it for performing or failing to perform any action in the interests of the person providing such an undue advantage or a third party using the power or official position vested in him/her. Methods of committing corruption criminal offenses by officials of the State Border Guard Service of Ukraine, namely, obtaining an unlawful benefit: Obtaining an undue benefit by members of border patrols directly performing tasks on the protection of the state border of Ukraine for failure to take measures to control compliance with the state border and border regime; Abuse by officials of their powers to establish border regime measures and control their compliance with corruption criminal offenses; Abuse by authorized officials during verification of compliance by foreigners and stateless persons with the conditions for crossing the state border when entering Ukraine, leaving Ukraine and transiting through the territory of Ukraine; Receipt of undue advantage by an official of the State Border Guard Service for granting permission for the illegal export of a child; Receipt of unlawful benefits by border guards at checkpoints (control points) during the verification of the existence of a contract of compulsory insurance of civil liability of owners of land vehicles crossing the state border of Ukraine; Receipt of undue advantage by authorized officials of the State Border Guard Service for granting advantages in crossing the state border to persons, vehicles and cargo, as well as non-prosecution for failure to comply with regime measures at the checkpoint.
Copyright (c) 2024 Serhii Zadnichenko https://creativecommons.org/licenses/by-nc-sa/4.0
Criminal liability for official forgery when crossing the state border: national and international legislation
Section: Articles Keywords: State Border, Criminal offence, Forgery, Crossing the State Border, Official forgery, Official document The right to freely leave the territory of Ukraine, guaranteed at the constitutional level, with the exception of restrictions established by law, is a development of the provisions of international legal acts, according to which everyone has the right to leave any country, including his own. With the introduction of martial law in Ukraine with the 24.02.2022 of significant changes, the legal regulation of relations in the field of crossing the state border of Ukraine, in particular, military-liable male citizens of Ukraine underwent. The author, without resorting to an analysis of the constitutionality and legality of such regulation, emphasizes its compulsion, and also focuses on the study of derivative legal phenomena — the functioning of illegal methods (schemes) of “bypassing” by liable men a ban on leaving Ukraine under martial law. Most of the above schemes involve the commission of official forgery as a component of the mechanism for the functioning of the corresponding scheme. Two most typical criminal-legal situations in which there is the official forgery when crossing the state border of Ukraine: official forgery committed by certain subjects (only certain officials) and official forgery of documents confirming the special status are allocated and analyzed. The existing normative content of the provisions of the law on criminal liability for official forgery requires separate clarifications, and the punishment should be increased given the prevalence of official forgery in corruption schemes of crossing the state border.
Copyright (c) 2024 Oleksandr Melnyk https://creativecommons.org/licenses/by-nc-sa/4.0
Combating illegal migration by means of criminal law
Section: Articles Keywords: Aiding and abetting, Organization of a criminal offence, Convey of persons across the state border, Illegal migration, Organization of illegal migration The article analyzes the legal wording of Article 332 of the Criminal Code of Ukraine «to promote the organization smuggle across the state border with advice, guidance ...». When this is taken into account and the etymological aspect and general provisions of complicity in the crime. It is stated that under the phrase literally be understood an active part in the implementation of complex measures for the transport of persons or transferred across the state border. But can we implement a set of measures to help with advice or instructions? It argued the need to clarify the wording of Article 332 of the Criminal Code of Ukraine. Article 332 of the Criminal Code of Ukraine «Organization of illegal migration» should read as follows: «1. Organization of illegal entry into Ukraine, stay on the territory of Ukraine, transit passage (transit) through the territory of Ukraine or departure from Ukraine of a foreigner (person without citizenship) or creation of conditions for this, committed for selfish motives (organization of illegal migration), — is punishable by arrest, restriction of liberty for a term of three to five years or deprivation of liberty for the same term with confiscation of vehicles or other means of committing a criminal offense. 2. The organization of illegal migration, committed in a manner dangerous to the life or health of a foreigner (a stateless person), or combined with cruel or degrading treatment, or committed re peatedly, or by a group of persons with a prior conspiracy, or an official using his official powers, — shall be punished by deprivation of liberty for a term of five to seven years with confiscation of vehicles or other means of committing a criminal offense and with or without confiscation of property».
Convey of persons across the state border
Copyright (c) 2024 Ihor Mytrofanov https://creativecommons.org/licenses/by-nc-sa/4.0
Service and combat activities of the State Border Service of Ukraine: invitation to discussion
Section: Articles Keywords: State Border Guard Service of Ukraine, National Guard of Ukraine, Operational service activity, Service-combat activity, Legal regulation, Military (combat) actions The article is dedicated to the formulation of the problem regarding understanding operational-service and service-combat activities of the State Border Guard Service of Ukraine in the conditions of conducting military (combat) actions. The article examines the current aspects of functioning and challenges faced by the State Border Guard Service of Ukraine in the context of russia’s armed aggression in terms of legal regulation for implementation of its functions. The issue of legislative regulation of problematic issues arising in the process of using the forces and means of the State Border Guard Service of Ukraine during the direct conduct of military (combat) actions is proposed for discussion in the expert environment. It is noted that the State Border Guard Service of Ukraine is a law enforcement body of special purpose, but endowed with military functions, whose activities are directed and coordinated by the Minister of Internal Affairs. The existence of military functions provides grounds for the introduction of such a definition as «service combat activity» into the regulatory and legal circulation. Service-combat activity will characterize the execution of tasks by the State Border Guard Service of Ukraine under normal conditions — «service activity», and under the conditions of an aggravation of the operational situation (martial law) — «combat activity». Attention is drawn to the fact that not all bodies and divisions of the State Border Guard Service of Ukraine perform combat tasks in the broadest sense, which requires the allocation of separate combat units in its structure, the main purpose of which will be the execution of combat tasks only. The article considers an important problem of the activity of the State Border Guard Service of Ukraine, states its relevance in the modern context, demonstrating the need to find new solutions and approaches to strengthen the border security of Ukraine. Attention is drawn to the need to codify legislation on the state border of Ukraine.
Copyright (c) 2024 Serhii Khalymon, Mykhailo Puzyryov https://creativecommons.org/licenses/by-nc-sa/4.0