| Article title | LEGAL ADMINISTRATIVE MECHANISM FOR IDENTIFICATION OF ILLEGAL MIGRANTS DISCOVERED BY BODIES OF THE STATE BORDER GUARD SERVICE OF UKRAINE |
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| Authors |
Andriy Mota
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 1 / 2018 |
| Pages | 184 - 195 |
| Annotation | A significant number of migrants detained by the bodies of the State Border Guard Service of Ukraine have no identity documents which would allow establishing their identities. The methods of finding out personal data of such individuals are limited and need to be further regulated. Relevant law enforcement activities have been insufficiently investigated, and this is a weighty aspect affecting the national security in the context of current migration threats. This study is aimed at clarifying the purpose, legal nature and specific features of legal provisions regulating the identification of illegal migrants discovered by the bodies of the State Border Guard Service of Ukraine, and also at determining their powers within the framework of protection of Ukraine’s State border and control of entry into Ukraine and exit from Ukraine of foreigners and stateless persons. The article used the results of the 2017 survey of military personnel and employees of the State Border Guard Service of Ukraine conducted with a focus on the methods to be used for identification of foreigners and stateless persons. The article analyzes the types of identification procedures depending on the tasks allocated to units of the State Border Guard Service and marks out border control identification and identification for forced deportation (readmission) outside of Ukraine. It is established that current laws specify such identification methods as checking of documents and making requests to diplomatic missions or consular offices The staff of the State border guard bodies and units also consider ad hoc means of identification (monitoring of Internet resources, psychological supervision, contacts with diasporas in the country, and socio-cultural comparison) as an additional way of finding some more information about an illegal migrant. The author proposes to characterize illegal migrant identification as a legal administrative mechanism which allows comprehensively considering all of the aspects of such law enforcement activities. The author believes that this mechanism may be improved by extending the range of identification means and by regulating the powers of its implementation. The prospects of use of identification methods are linked to the need of preventing the entry of undesirable persons to the territory of Ukraine. Biometric recording will gain more scope, just like its use in combination with traditional methods of State border control.
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| Keywords | legal administrative mechanism; biometric recording; identification; illegal migration; the State Border Guard Service |
| References |
List of legal documents
Legislation
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Glossary
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| Electronic version | Download |