Legal architectonics of the administrative-jurisdictional activity of the State Border Guard Service of Ukraine

Abstract

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.