Administrative proceedings regarding forced deportation of foreigners
Authors: Karnaushenko S.D. 
Published: July 2023

Ukraine faces the difficult task of ensuring a balance between the controllability of migration processes, including the fight against crimes committed by foreigners and stateless persons, and ensuring the full rights and freedoms of these persons in accordance with international obligations. Although deportation is an effective means of state coercion used in many countries of the world, its application in Ukraine is complicated by legal regulation and procedural imperfections. However, recent changes to the Civil Court of Ukraine partially took into account the peculiarities of this area, but the activity of the administrative court does not fully reflect the specifics of these cases, and some issues still remain unresolved.Under certain conditions, foreigners or stateless persons may be forced to return to their country of origin or another country by the decision of the central executive body responsible for migration policy, or, in some cases, by the decision of the Security Service of Ukraine or the state border protection body. This decision may be due to a violation of the legislation on the status of foreigners and stateless persons, a threat to the national security of Ukraine, or other reasons. In this case, the person is given a 30-day deadline to leave Ukraine, and may also be banned from entering the country for three years. If there are reasons to believe that a person can avoid the execution of the decision on forced return or he did not execute this decision without good reasons, the relevant authorities can file a lawsuit in the administrative court. In such a case, the court may issue a decree on forced eviction.The author of this scientific article considers the procedure for carrying out the procedure of forced deportation of foreigners and stateless persons or their detention for this purpose. The article also considers the grounds for satisfying an administrative lawsuit regarding forced deportation or for refusing to satisfy such a lawsuit. Based on the analysis, the author comes to the conclusion that the forced deportation of foreigners and stateless persons is a consequence of their violation of the legislation on border issues and is carried out by the state border protection authorities or the migration service on the basis of a court decision made on the basis of an administrative lawsuit. According to legal doctrine and judicial practice, the grounds for forced expulsion are the existence of laws that provide for administrative expulsion or the commission of an administrative offense that seriously violates law and order. Such grounds include: non-execution of the decision on forced return within the established period without valid reasons; reasonable suspicion that a foreigner or a stateless person will evade the execution of such a decision, for example, due to illegal stay on the territory of Ukraine, an attempt to illegally cross the state border outside established checkpoints, lack of necessary documents for entry or exit from Ukraine, lack of relatives in Ukraine , the intention to enter the country illegally. However, there are conditions under which it is impossible to identify a foreigner or a stateless person, which makes it impossible to forcibly remove or readmit such a person. These conditions include the lack of cooperation on the part of the foreigner or stateless person during the procedure for his identification, as well as the impossibility of obtaining information from the country of citizenship of the foreigner or the country of origin of the stateless person, as well as insufficient documents for the identification of such a person.