Legal approaches to the regulation of migration processes in the European Union-Reference-Cited by-同舟云学术

Legal approaches to the regulation of migration processes in the European Union

Published:2023-03-06 Issue:76 Volume:41 Page:136-161
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Todoshchak Oleg¹^ORCID,Neugodnikov Andrii¹^ORCID,Valuieva Liudmyla²^ORCID,Tsarenko Olha³^ORCID,Tsarenko Serhii⁴^ORCID

Affiliation:

1. Department of Administrative and Financial Law, National University “Odesa Law Academy”, Odesa, Ukraine.

2. Common Law Disciplines of the Educational and Scientific Institute of Maritime Law and Management, National University "Odesa Maritime Academy", Odesa, Ukraine.

3. Department of Administrative Activities, Bohdan Khmelnytskyi National Academy of the State Border Guard Service of Ukraine, Khmelnitskyi, Ukraine.

4. Department of Theory and History of the State and Law and Private-Law Disciplines, National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi, Khmelnitskyi, Ukraine.

Abstract

Using an interpretative methodology, the article examines approaches to the regulation of migration processes in the light of the increasing flow of immigrants to the European Union EU. In this context, two main directions of regulation of migration processes are considered: legal regulation and integration measures. It can be concluded that the international legal regulation of migration processes in the EU is based on adopted and ratified declarations, conventions, covenants and protocols, which form a general international legal basis for the regulation and management of migration processes at the interstate level. Accordingly, the analysis of migration legislation and state border legislation allows distinguishing three types of documents according to their content, which are related to the fight against irregular migration: a) regulatory legal acts determine the model of legal entry and stay of a migrant on the territory of the country; b) law enforcement rules establish responsibilities and regulate the application of other coercive measures in case of violation of migration rules, and; c) documents of organizational content determine the competence of the authorities involved in the process of combating illegal immigration.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

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