ON THE APPLICATION OF THE NORMS OF ADMINISTRATIVE AND TORT LEGISLATION OF UKRAINE TO FOREIGNERS

Abstract

The conditions and scope of the application of the Ukrainian administrative and tort legislation in regard to foreign persons on the territory of Ukraine, as well as the norms of the current legislation of Ukraine in the context of administrative liability of foreigners have been researched. The gaps in the current legislation have been distinguished and the ways of solving this problem have been suggested.

Special attention has been focused on the fact that the Code of Ukraine on Administrative Offenses adopted in 1984, exhausted itself and needed a new wording. This leads to the fact that at the level of applying the law norms there are a lot of unsolved problems, especially those related to the execution of proceedings against a foreigner, the application of administrative penalties against him, the provision of legal assistance, guaranteeing of his rights, etc. Accordingly, the conclusions have been formulated in the form of propositions, which, in the opinion of the author, should be taken into account in the Code of Ukraine on Administrative Offenses (hereinafter referred to as the CUoAO). Among them, special attention should be paid to the following: a) it is necessary to harmonize the norms
of the current legal acts regulating the legal status of foreigners during their stay in Ukraine (the emphasis is focused on the norms of the CUoAO and the norms of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”); b) it is offered to supplement p. 1 of the Art. 24 of the CUoAO with such clauses: “9. Administrative deportation of foreigners and stateless persons” and “9-1. Forced return of foreigners and stateless persons”; c) taking into account the propositions to supplement p. 1 of the Art. 24 of the CUoAO with the additional types of sanctions, it is necessary to amend the Section 3 “Administrative Sanction” of the Code of Ukraine on Administrative Offenses, supplementing it with the Articles 32-2 “Administrative Deportation of Foreigners and Stateless Persons” and 32-3 “Forced Return of Foreigners and Stateless Persons”, where to regulate the procedure of the application of these types of sanctions.