Appeals against decisions, actions or inactivity of authorities regarding the provision of pub- lic services in the field of migration and citizenship in court
Authors: Ivanov S.M. 
Published: August 2021

The scientific article is devoted to the coverage of the court procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship. It has been established that an administrative appeal, despite the optionality, is an important step in the provision of public services in the field of migration and citizenship. On the one hand, the appeal is intended to identify and eliminate shortcomings in the practical procedural activities of public authorities in the field of migration; on the other hand, contributes to the improvement of the procedural model of resolving individual cases in the research area, identifying its defects and weaknesses.Emphasis is placed, the legislative consolidation of the possibility of appeal in court and administratively re-quires two forms of appeal - administrative-procedural and administrative-procedural, which together create a guar-antee tool to protect the rights of individuals to citizenship and freedom of movement and free choice of residence.It is established that the presence in the Register of the subject of the claim and the requirements of the plaintiffs - №№ 820/4847/17, 815/2412/14, 820/4393/17, 495/8188/16-a, etc. - allows us to consider the analyzed case as a typical example. Again, based on the results of the case study, it can be concluded that in the activities of LCA units it is common to make administrative decisions on the basis of discretion, rather than legal requirements; Violations committed by public authorities in administrative and procedural activities turn into a threat of loss of legal status and rights for individuals from whom no violations have been committed. This situation cannot be considered an effective example of law enforcement in the field of administrative and procedural support in the field of migration.Given the importance of protecting the rights and freedoms of individuals as a party to public relations in the study area, the possibility of appealing against decisions, actions or omissions of public authorities in this area should be recognized as an important guarantee of preservation and restoration of individual rights. In these exam-ples, the judiciary has performed this protective function; to strengthen this trend, it would be rational to use the tool of an exemplary administrative case, which has become one of the most anticipated novelties in the reform of administrative justice. According to Part 22 of Art. 4 CAS of Ukraine an exemplary case is a typical administrative case accepted for proceedings by the Supreme Court as a court of first instance to issue a model decision; in other words, with the help of an exemplary case, an effective procedural mechanism of consideration of cases similar in scope and specifics of legal relations in which the conflict arose, composition of the parties and legal norms by which they are regulated, following the example of the Supreme Court decision in one such case, that is, in an exemplary case.