Legal aspects of migration regulation as a factor of national security

Kostiantyn Buhaichuk (), Nataliia Varenia, Vitalii Khodanovych, Maryna Kriepakova and Valentyn Seredynskyi
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Kostiantyn Buhaichuk: Kharkiv National University of Internal Affairs, Ukraine
Nataliia Varenia: National Academy of Security Service of Ukraine, Ukraine
Vitalii Khodanovych: National Academy of Security Service of Ukraine, Ukraine
Maryna Kriepakova: Kharkiv National University of Internal Affairs, Ukraine
Valentyn Seredynskyi: Dnipro Police Department of the GUNP in the Dnipropetrovsk Region, Ukraine

Entrepreneurship and Sustainability Issues, 2021, vol. 8, issue 3, 402-419

Abstract: It has been proven that international migration is a global challenge to the national security of each country. The statistical analysis of migration processes in Ukraine has been carried out. Special features of legal regulation of migration flows in Ukraine have been considered. Migration control concerning transit migration in Ukraine is mainly related to the system of restrictions and measures of responsibility for non-compliance with established norms, and at the same time it is more important to ensure the legal stay of foreign citizens in the country, proper legal regulation of their accounting. Instead, Ukrainian case law and judgments of the European Court of Human Rights concerning Ukraine indicate existing violations in the procedure of state protection of the rights and freedoms of foreigners and stateless persons, which they are endowed with in accordance with international standards and national legislation while in Ukraine. One of the problems of migration control in Ukraine is the imperfection of the procedure for registration of citizens at the place of residence, which does not meet the state need to control the processes of population movement and migration within the country. Currently, the basis for registration is not the fact of living in a dwelling, but rather the right to reside in it, as the registration procedure involves the submission of supporting documents for such right. Moreover, living of citizens without registration of residence is an offense and entails the occurrence of administrative liability, while living outside the place of registration is legal.

Keywords: national security; migration flows; migration control; administrative responsibility; transit migration (search for similar items in EconPapers)
JEL-codes: F35 F42 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:ssi:jouesi:v:8:y:2021:i:3:p:402-419

DOI: 10.9770/jesi.2021.8.3(26)

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