THE STATE MIGRATION SERVICE OF UKRAINE AS THE SUBJECT OF STATE POLICY IMPLEMENTATION IN THE FIELD OF COMBATING ILLEGAL MIGRATION

Abstract

Research article focuses on the study of the status of the State Migration Service of Ukraine as a subject of an implementation of state policy in the field of combating illegal migration in Ukraine. If the Ministry of Internal Affairs of Ukraine is the central body of the executive power that ensures the formation and implementation of state policy, in particular in the field of migration (immigration and emigration), including combating illegal migration, then the State Migration Service of Ukraine, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Internal Affairs, directly implements state policy in this area and, accordingly, coordinates the activities of other state bodies of Ukraine in this area.

The analysis covers the entire range of administrative activities of the State Migration Service of Ukraine in combating illegal migration, namely: issues of prevention of the specified offences, detection of illegal migrants, their detention, registration, bringing to administrative responsibility, deportation outside of Ukraine, identification and elimination of causes and conditions, that contribute to illegal migration.

The main direction of combating illegal migration by the bodies and units of the above mentioned state service is the prevention of potential administrative offenses in the migration sphere, which is achieved by applying preventive measures, prevention of violations or termination of initiated offenses in the migration sphere.

Attention is drawn to the fact that the employees of the State Migration Service of Ukraine, being civilians, do not have the right to apply actions or a set of actions of a preventive or coercive nature in relation to offenders, which limit certain human rights and freedoms and are carried out to ensure the fulfillment of the tasks assigned to this specialized service tasks. Moreover, their powers do not include operational investigative activities in the field of migration. Therefore, in order to increase the effectiveness of the activities of the state bodies of Ukraine in combating illegal migration, there is an urgent need to organize the proper interaction of the State Migration Service of Ukraine with other subjects of combating this negative social phenomenon.