Tolkachova I.
ñandidate of legal sciences, associate professor
National Aviation
University, Kyiv
CONSTITUTIONAL AND LEGAL REGULATION OF MIGRATORY PROCESSES IN UKRAINE
After disintegration of the USSR there were created fifteen sovereign
states on post-Soviet space. Therefore after proclamation of the independence
of Ukraine, scales of migratory processes became significant, what caused
spread of massive flows of refugees, repatriates, seekers of asylum etc.
Contemporary migratory tendencies make a considerable influence on
formation of national politics. Thus, under the conditions of globalization the
main tendency in international relationships became migration of labour force.
It is caused by different reasons, which become widely-spread both in Ukraine
and in the world. Significant growth of intensity of international migration of labour resources
on the whole territory of our state makes a great influence on its economic and
social development. This causes the necessity to make a profound research of
migratory processes in Ukraine.
Every person and
citizen has a right to freedom of movement. Given right is a basis of migratory law. According
to Art. 13 of the Universal Declaration of Human Rights “everyone has the right to freedom of movement and
residence within the borders of each state and to leave any country, including
his own, and to return to his country” [1].
At present key normative and legal acts, which
regulate migratory issues in our state, are the following: the Law of Ukraine
On Immigration dated June 7, 2001 ¹ 2491-III, which stipulates conditions
and procedure of immigration to Ukraine of foreigners and stateless citizens;
the Law of Ukraine On Citizenship of Ukraine dated January 18, 2001 ¹ 2235-III, which defines persons who are
citizens of Ukraine, grounds for acquisition and termination of the citizenship
of Ukraine, principles of the citizenship of Ukraine and authorities of state
bodies which decide questions on citizenship; the Law of Ukraine On Legal
Status of Foreigners and Stateless Persons dated September 22, 2011 ¹ 3773-VI, which stipulates main rights,
freedoms and duties of foreigners and stateless persons, which live or stay temporarily
in Ukraine, procedure of solution of questions as to their entrance and exit
from Ukraine; the Law of Ukraine On Freedom of Movement and Free Choice of
Place of Residence in Ukraine dated December 11, 2003 ¹ 1382-IV, which regulates
relationships concerning freedom of movement and free choice of place of
residence in Ukraine; the Law of Ukraine On the Procedure of Exit from
Ukraine and Entrance to Ukraine of the Citizens of Ukraine dated January 21,
1994 ¹ 3857-XII, which
fixes mechanism of realization of the right of the citizens of Ukraine to exit
from Ukraine and entrance to Ukraine, procedure of making documents for foreign
trips and defines cases of temporary limitation of citizens’ right to exit from
Ukraine.
According to p. 1 Art. 33 of the
Constitution of Ukraine everyone
who is legally present on the territory of Ukraine is guaranteed freedom of
movement, free choice of place of residence, and the right to freely leave the
territory of Ukraine, with the exception of restrictions established by
law [2].
External
migration from Ukraine increased significantly from the moment of proclamation
of independence of our state. Among its main reasons are considerable reduction
of the level and quality of life of population at the beginning of 1990s,
appearance of massive unemployment and herewith simplification of the procedure
of exit abroad and change of the place of residence, which became a consequence
of democratization of society.
At present a big
quantity of the citizens of Ukraine works abroad, what is first of all
connected with the following important problems in Ukraine: absence of
available market of housing, real possibilities of employment, high level of
social protection, what leads to growth of unemployment, ineffective politics
of employment. Ukrainians often move abroad primarily because of low profits,
condition of quality of life, absence of employment.
The
main for today is provision of free movement for everyone, who is legally on
the territory of Ukraine, and promotion to follow of other rights and freedoms
of person and citizen. It is important to interact in concord with appropriate
international organizations in order to favour support of migratory order and to provide reliable and
operative estimations of migratory risks.
References:
1. United
Nations Universal Declaration of Human Rights 1948. – Mode of access :
http://watchlist.org/wordpress/wp-content/uploads/Universal-declaration-of-human-rights.pdf.
2. Constitution
of Ukraine : adopted at
the Fifth Session of the Verkhovna Rada of Ukraine on
28 June 1996. – Mode of access :
http://www.coe.int/t/dghl/cooperation/ccpe/profiles/ukraineConstitution_en.asp.