Legal and organizational problems on identification of persons in activities of the State Border Guard Service of Ukraine

Iryna Kushnir (), Olha Tsarenko () and Serhii Tsarenko ()
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Iryna Kushnir: National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine
Olha Tsarenko: National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine
Serhii Tsarenko: Bohdan Khmelnytskyi National Academy of the State Border Guard Service of Ukraine

Juridical Tribune - Review of Comparative and International Law, 2021, vol. 11, issue 1, 113-130

Abstract: The article deals with the identification of foreigners and stateless persons, problems of legal regulation of relations of the State Border Guard Service of Ukraine on collecting biometric data of persons, types of data subject to collection, processing, storage and administration. The problems existing in the mechanisms of collecting biometric data of foreigners and stateless persons, as well as issues of personal data protection are considered. An attempt was made to suggest changes to laws and regulations in the field of migration and border protection on the basis of empirical data. The goal is to investigate the mechanism of identification of foreigners and stateless persons during border control procedures at border crossing points (checkpoints) and at entry-exit checkpoints, as well as during administrative proceedings and to identify ways to improve the legal regulation of these procedures in the activities of the State Border Guard Service of Ukraine. The methods used in the research were the analysis and comparison of national legislation with the legislation of the European Union Member States and the Council of Europe (including the case law of the European Court of Human Rights) on biometric data. The questionnaire survey method enabled to obtain objective information about the border guards' awareness of personal data. The forecasting method was used to formulate proposals for amendments to the legislation to improve the organization of work processes in the activities of the State Border Guard Service of Ukraine when using IT systems. The research will enable to improve the procedure for collecting biometric data of foreigners and stateless persons by border guards, strengthen the capacity of the State Border Guard Service of Ukraine to combat illegal migration.

Keywords: State Border Guard Service of Ukraine; foreigners; stateless persons; data bases; fingerprinting; biometric systems; identification. (search for similar items in EconPapers)
JEL-codes: K23 K37 (search for similar items in EconPapers)
Date: 2021
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