Respect for Human Rights in the Field of State Border Security of Ukraine: Current Challenges and Implementation of European Experience

Abstract

The article analyses current issues related to the observance of human rights in the field of Ukraine’s state border protection. It emphasises that the activities of the State Border Guard Service of Ukraine are aimed at ensuring an appropriate level of legal protection for travellers, an integral component of European border management standards. The practical implementation of progressive European practices in state border protection in Ukraine is examined, including the modernisation of border infrastructure and the introduction of digital services into the operations of state border protection authorities. The judicial practice in the administrative and legal regulation of state border-crossing procedures is reviewed, with due regard for human rights. Problematic issues in the field of human rights observance in cases of detention and holding of foreigners and stateless persons for illegal crossing (or attempted illegal crossing) of the state border are highlighted. The relevance of implementing the «Custody Records» system to the State Border Service's activities is emphasised. It can, on the one hand, significantly reduce violations of individuals’ rights during the application of border procedures, and, on the other hand, strengthen the guarantees protecting State Border Service personnel from unfounded accusations and increase their accountability. The need for systematic legal training and advanced training of state border protection personnel and units is emphasised. The need to develop and adopt the Law of Ukraine «On Integrated State Border Management» and to create an interdepartmental coordination body under government control is substantiated as a strategically important step to ensure an effective state border protection system that meets European Union standards. The need to develop and adopt the Law of Ukraine «On Integrated Border Management» and to establish an interagency coordination body under government control is substantiated as a strategically important step to ensure an effective state border protection system that complies with European Union standards. It is proposed to adapt the institutional model of the Fundamental Rights Office/Fundamental Rights Monitors to the State Border Guard Service's activities to prevent human rights violations, enhance the transparency of border authority operations, and integrate European Union practices into Ukraine’s national integrated border management system. It is concluded that improving Ukraine’s legal framework for integrated border management, as a new institution within the state border protection mechanism, will ensure a balance between guaranteeing national security and complying with international human rights standards.