VICTIMAL FEATURES OF ILLEGAL MIGRATION, COUNTERACTION TO WHICH IS CARRIED OUT BY THE STATE BORDER GUARD SERVICE
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 3
Abstract
Victimal features of illegal migration, the counteraction of which is within the competence of the State Border Guard Service of Ukraine are analyzed in the article. Legal acts which regulate the status of victims are investigated. In addition, the author takes into account delictical and criminological research. Migration processes, including illegal ones, are considered as a danger mainly potentially, with a certain degree of probability. This is due to the fact that there is no direct connection between the illegal entry into the territory of the state or the stay there and the consequence of this as a result of harm to any victim by the migrant. Instead, the author analyzes two groups of situations where an illegal migrant can turn into a victim. It is concluded that the victimological evaluation of illegal migration expands the understanding of this negative phenomenon, in comparison with its purely normative content. Its danger is associated with human trafficking, which usually has a transboundary nature, the illegal transfer of persons across the state border in a way that is dangerous for a person's life or health. Moving a migrant into another legal space (on the territory of another state) facilitates the possibility of criminal activity directed against him. Information from the Administration of the State Border Guard Service of Ukraine, the Prosecutor General's Office of Ukraine and the Ministry of Social Policy of Ukraine, which indicate an increase in the number of cases of human trafficking in relation to other migratory offenses, is given in the article. Also, the dangerous potential of a significant number of victims in the process of illegal migration is drawn attention. Data from international humanitarian organizations indicate this. Therefore, border control is aimed not only at counteracting the offense connected with illegal crossing of state borders, but also the humanitarian content. The author suggests the mapping of victimological information in national risk profiles that can be used in the State Border Guard Service of Ukraine, as well as the normative consolidation of special grounds for exemption from administrative liability in the event of a series of migration offenses.
Authors and Affiliations
Andriy Mota
Keywords
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