Foreigners and persons without citizenship as subjects of administrative judiciary
DOI:
https://doi.org/10.31548/law2021.04.015Abstract
The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine.
However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V.
Keywords: legal status, foreigners, migrants, apartheid, justice, legislation
References
Budzik, B.V. (2021). Characteristics of the subjects involved in administrative proceedings. European perspectives, 1: 69–72 (in Ukrainian).
Andrunevych, O.M. (2012). Subjects of administrative proceedings of Ukraine: autоref. dis. … сand. jurid. science. Lviv, 23 (in Ukrainian).
Nestor, J. (2017). Constitutional principles of judicial proceedings in practice courts of general jurisdiction. Scientific notes of the Institute of Legislation The Verkhovna Rada of Ukraine, 4: 38–43 (in Ukrainian).
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