Coordination and departmental cooperation: pros and cons of establishment of the single migration de

1
Coordination and departmental cooperation pros
and cons of establishment of the single migration
department
V. Chumak International Centre for Policy Studies
2
Objectives of migration policy

• ensuring of effective public management of
  migration processes,
• stable demographical and social-economical
  development of the country,
• strengthening of the national security,
• integrations into All-European migration policy,
• creation of conditions for unhampered realisation
  of rights, freedoms and legitimate interests of
  migrants,
• realisation of effective migration control
  directed on prevention and overcoming of negative
  consequences of migration and non-admission of
  violations of these rights, freedoms and
  legitimate interests of migrants and citizens of
  Ukraine.

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?????????? International Centre for Policy Studies
Tel. [phone] Web www.icps.kiev.ua
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State of affairsLegislative basis

• Pros
• Developed and liberal migration legislation
• (the Law of Ukraine On Immigration (2001), the
  Law of Ukraine On Refugees (2001), the Law of
  Ukraine On Citizenship of Ukraine (2001) and
  the Law of Ukraine On Legal Status of
  Foreigners and the ratification of the
  Convention On Status of Refugees of 1951 and
  the Protocol of 1967 (2002), the Laws of Ukraine
  On the State Border Guard Service of Ukraine
  (2003) and On amendments to some legislative
  acts related with adoption of the Law of Ukraine
  On the State Border Guard Service of Ukraine
  (2003),
• Cons
• Huge number of sub-legislative and departmental
  legal acts that regulate procedures of
  implementation of laws
• Subjective law-enforcement practice
• Lack of the institute of additional protection of
  migrants

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Lack of the single body in the sphere of
fulfilment of the migration policy leads to its
non-coordination

• The issues of realisation of the migration policy
  of Ukraine are in common competence of
• Ministry of Interior of Ukraine,
• Ministry for Foreign Affairs of Ukraine,
• Ministry of Labour and Social Policy of Ukraine,
• Ministry of Health of Ukraine,
• State Committee for Nationalities and Religions
  of the Ministry of Justice of Ukraine,
• State Border Guard Service of Ukraine,
• Security Service of Ukraine
• Without efficient interdepartmental cooperation
  this situation is being defined as insufficiently
  effective that arouses disquietude of the western
  neighbours of Ukraine.

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?????????? International Centre for Policy Studies
Tel. [phone] Web www.icps.kiev.ua
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Problems

• Chaotic use of legislative and institutional
  mechanisms
• Mechanism of work with illegal migrants and
  persons who pretend to get the status of refugee
  starting from filtration measures, identification
  and ascertainment of circumstances of violation
  of the Ukrainian legislation, maintenance in
  places of temporary stay and their return to the
  countries of origin is being characterised by
  chaotic state in approaches concerning its
  realisation, non-coordination of actions on the
  inter-departmental level during more than 10
  years, and moreover this mechanism contradicts
  generally accepted European approaches

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?????????? International Centre for Policy Studies
Tel. [phone] Web www.icps.kiev.ua
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Lack of the single migration service doesnt let
to solve the problems of control over illegal
migration and provision of right on asylum

• coordinated inter-departmental control over
  entry, stay of foreigners and stateless persons
  in Ukraine and their timely departure beyond the
  borders of the state territory
• arrangement of the appropriate mechanism of
  exchange of information between the Ministry for
  Foreign Affairs, Ministry of Interior and
  Administration of the State Border Guard Service
  concerning persons possessing entry visas to
  Ukraine and came and registered in the points of
  admission through the state border of Ukraine in
  accordance with established procedure, and also
  about the persons, whose entrance into Ukraine is
  prohibited
• distribution of responsibilities between the
  State Border Guard Service of Ukraine and the
  Ministry of Interior of Ukraine for deportation
  of illegal migrants (the competence of the State
  Border Guard Service) or for persons who came
  into the state legally, but after the termination
  of the permitted stay deviated from the departure
  and turned to illegal position (the competence of
  the Ministry of Interior) doesnt contribute to
  the efficiency of migration control
• efficient ascertainment of the grounds for
  granting the status of refugee and additional
  protection.

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?????????? International Centre for Policy Studies
Tel. [phone] Web www.icps.kiev.ua
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International experience

• The majority of countries of Europe have the laws
  defining material and procedural norms for
  providing of the migration policy (Poland,
  Lithuania, Hungary, needs clarification).
• Migration bodies have different titles in
  different countries, however, the issues of
  migration policy are brought to the ministry
  level.
• In 14 countries they are in the structure of the
  Ministry of Interior
• In 10 countries in the Ministry of Justice or
  Social Policy
• In Norway in the Ministry of Local Government
  and Labour, in Luxemburg in the Ministry for
  Foreign Affairs and Immigration.
• (??? Institutional Settings for Migration
  Services in Europe An Overview)

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Creation of the single body in the structure of
Ministry of Interior could give an opportunity to
consolidate the fulfilment of the following
issues

• examination of the issues concerning the
  citizenship of Ukraine
• acceptance of appeals and carrying out the
  procedures concerning foreigners and stateless
  persons for getting status of refugee or
  additional protection in Ukraine
• disposition and maintenance of the persons that
  are in the procedure of getting the status of
  refugee
• maintenance, filtration and identification of the
  persons detained for illegal entry and stay on
  the territory of Ukraine
• pursuit and deportation of the persons staying on
  the territory of the country illegally or have
  lost the right on legal stay.

9
In prospect

• To extend the competence of the State Border
  Guard Service of Ukraine by transferring
  responsibility for control and counteraction to
  illegal migration on the ways of international
  connections (airports and railways) and granting
  the right on carrying out pre-trial investigation
  for crimes concerning violation of migration and
  border guard legislation.
• The State Border Guard Service unites with
  Migration Service and enters into the structure
  of the Ministry of Interior as a separate
  department of Border Guard Police, which
  competence spreads on the whole territory of
  Ukraine.

10
To make amendments to the legislation

• to approve the new edition of the Law On Legal
  Status of Foreigners and to foresee in it
• regulations on entry of foreigners on the
  territory of Ukraine and departure from the
  territory of Ukraine
• regulations on stay on the territory of Ukraine
• the responsibility for violation of the
  regulations on entry and stay and procedure of
  bringing to it
• the procedure of appeal of bringing to
  responsibility
• the procedure of compulsory and free-will
  deportation and its judicial appeal
• provisions that regulate the order of detention
  and maintenance of foreigners that violated the
  legislation on the legal status of foreigners.

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To make amendments to the legislation

• to approve the new edition of the Law On Legal
  Status of Foreigners and to foresee in it
• regulations on granting and deprivation of status
  of refugee in Ukraine
• regulations granting additional protection and
  asylum
• provisions that regulate the right and the
  competence of officials responsible for
  fulfilment of this law.
• Such structure of the Law will give an
  opportunity to affirm all provisions regulating
  common subject of legal relationships between the
  state and the separate category of persons
  foreigners in the single legislative act

12
Coordination and departmental cooperation pros
and cons of establishment of the single migration
department
V. Chumak International Centre for Policy Studies