FEATURES OF ADMINISTRATIVE RESPONSIBILITY OF MIGRANT WORKERS FOR VIOLATION OF MIGRATION LEGISLATION OF UKRAINE

Authors

  • K. Shkarupa Автор

DOI:

https://doi.org/10.32844/ibpala-2024-1.14

Keywords:

migrant workers, administrative responsibility, recovery, coercive measures, expulsion

Abstract

The relevance of the article lies in the fact that legal responsibility is a complex legal phenomenon, as its application entails the restriction of human rights. Such coercive measures can have an organizational, material, moral character, etc. At the general theoretical level, legal responsibility is a legal institution that arises on the basis of law and at the same time as law, since the appearance of legal norms immediately leads to the emergence of a mechanism that, firstly, would ensure their implementation, and secondly, involves the application of certain measures of influence on individuals , which violated them. Therefore, legal responsibility is the process of establishing and applying sanctions of legal norms that provide for negative consequences for persons who have violated the established rules of conduct. The inevitability of legal responsibility, as its sign, is a deterrent to committing offenses in the future and motivates the subjects of legal relations to comply with the norms established by law. The purpose of the article is to find out the peculiarities of the administrative responsibility of migrant workers for violating the norms of the migration legislation of Ukraine. The article examines the peculiarities of the administrative responsibility of migrant workers in Ukraine. It emphasizes the responsibility of both individuals and legal entities that have violated the norms of migration legislation in the field of labor. Particular attention was focused on the deportation of foreigners and stateless persons as a special type of administrative punishment. It was found that the peculiarity of the proceedings in cases of administrative lawsuits regarding the forced return or forced deportation of foreigners or stateless persons outside the territory of Ukraine is that administrative cases are considered by a court with the mandatory participation of the parties within a ten-day period from the date of the filing of the claim, and appeals against court decisions in administrative cases, on expulsion, can be filed within a ten-day period from the day of their announcement. It was concluded that a migrant worker who committed an administrative offense on the territory of Ukraine, depending on the consequences, will be brought to a certain type of administrative responsibility, that is, he will suffer onerous consequences of a property, organizational, personal or other nature, established by the norms of current legislation.

References

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Published

2024-07-29