The Activities of the State Border Guard Service of Ukraine in the Field of Migration through the Prism of the Case Law of the European Court of Human Rights

Abstract

The article examines the case law of the European Court of Human Rights (ECHR) in the field of migration and determines its significance for the operational service of the State Border Guard Service of Ukraine. The relevance of the topic is due to the growing importance of international standards for the protection of human rights in conditions of military conflicts, cross-border mobility of the population and increased attention to the activities of border formations by European judicial institutions. The research is aimed at solving the scientific problem associated with migration reports that are made in the process of protecting the state border and creating the basis for applying for judicial protection. The purpose of the article is to examine the established legal positions of the ECHR, which relate to the maintenance of human rights in the migration sphere and are important for the operational service activities of the State Border Guard Service of Ukraine. The decisions of the ECHR in the migration sphere are studied in the context of the implementation of national legislation and in accordance with the subject of their study — operational service activities to ensure border security. The key features of the legal doctrine based on the principle of non-refoulement are clarified. The ECHR simultaneously expands the standards of protection for various categories of migrants and considers state sovereignty in the implementation of migration control through the prism of state accountability for the maintenance of human rights. Various aspects of the legality of the detention of migrants, the conditions of their detention and the use of alternative measures, which determine the impact on national lawmaking and law enforcement activities, remain the subject of international judicial review. The legal positions of the ECHR in decisions against Ukraine are also analysed in relation to the scientific views of modern foreign researchers on the observance of human rights during migratory movements, who use certain doctrinal constructs to expand the legal arsenal of substantiation of court decisions: the principle of migratory vulnerability, the practice of pushbacks. Based on the analysis of the decisions of the ECHR against Ukraine, types of procedural violations in the processes of state border protection were identified, in particular regarding the retention of improper documentation, exceeding the terms of detention for value, more effective appeal procedures and insufficient consideration of the risks for individuals in the event of their return to the country of origin. At the same time, the manifestation of the systemic nature of grossly violated human rights and the general focus of national practice on compliance with European standards were emphasised. The implementation of the practice of the ECHR is an important prerequisite for the development of integrated border management, ensuring the effectiveness of border policy, strengthening cooperation between Ukraine and the European Union in the field of security, migration and protection of human rights.