The Guarantee of Human Rights, who are Subordinated to Forced Expulsion by the State Border Guard Service of Ukraine

Abstract

The article investigates the issues of legal implementation of guarantees of rights and freedoms of persons who are subordinated to forced expulsion in international law, their essence and legal regulation in the European Union, regulation of these guarantees under Ukrainian law, procedural order and practice of ensuring rights and freedoms of foreigners and stateless persons who are subordinated to forced expulsion by the State Border Guard Service of Ukraine and its task on the legality of the use of forced expulsion to foreigners and stateless persons. It is emphasized that this action is an effective mean of state coercion, which is used in many countries around the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention was paid to the importance of compliance with the rules of jurisdiction during the decision of the forced expulsion of foreigners and stateless persons, preventing the relevant decision by an incompetent authority or on inappropriate grounds. The right to immediately inform a legal expert, the right to an interpreter, the possibility to appeal the decision and the special guarantees provided by the legislation about legal status of alliance and stateless persons are guaranteed to the human rights during forced deportation. It is emphasized that any decision about foreigners and stateless persons expulsion must be individual, i.e. it must be based on a reasonable and objective consideration of the specific cases of each foreigner or stateless person. The decisions of the European Court of Human Rights and Ukrainian courts where violations of the rights of persons during the application of the procedure of forced expulsion were recorded, are analysed. It is approved that the issue of guarantees of the rights of persons who are subordinated to forced expulsion has been decided in negotiation with international and European legislation, but improvement of the efficiency of legal regulation and practical implementation of forced expulsion by the State Border Guard Service of Ukraine is impossible without eliminating shortcomings and gaps in legal framework, as well as improving staff training on these issues.