PECULIARITIES OF FOREIGNERS’ LEGAL STATUS IN INTERNATIONAL PUBLIC LAW 

Author (s): Brunevych V.M., Lorens D.V., Makohonchuk I.V.

Work place:

Brunevych V.M.,

Head of the Center of Vocational Education,

Territorially Separated Branch “Khmelnytskyi branch of the Academy of the State Penitentiary Service”, Khmelnytskyi, Ukraine

ORCID: 0000-0003-2005-5685;

 

Lorens D.V.,

Senior Lecturer of the Center of Vocational Education,

Territorially Separated Branch “Khmelnytskyi branch of the Academy of the State Penitentiary Service”, Khmelnytskyi, Ukraine

ORCID: 0000-0002-7613-3614;

 

Makohonchuk I.V.,

Lecturer of the Center of Vocational Education,

Territorially Separated Branch “Khmelnytskyi branch of the Academy of the State Penitentiary Service”, Khmelnytskyi, Ukraine

ORCID: 0000-0002-3943-1874

 

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2022 No 1(15): 7-18

https://doi.org/10.32755/sjlaw.2022.01.007

Summary

While studying the legal status of foreigners in public international law the legal meaning of the definition of “foreign citizen” was clarified, as it is important to determine the legal status of such individuals. The meaning of the term “foreign citizen” in a broad and narrow sense was clarified within the framework of the researched issue. The categories “foreigner” and “non-citizen” were distinguished in order to clarify the international legal regulation of non-citizens’ rights. The expediency of distinguishing the category of “non-citizens” in case when there is a generalization and we are talking about foreigners and stateless persons (the concept of “foreigner” in its broadest sense) is proved in the article. There is no normative definition of “non-citizen” in international law. This fact extremely negatively effects on their international status. Together with the general characteristics of the legal status of foreign citizens in international law, attention is paid to the system of sources that enshrine the legal status of foreign citizens. A national level is singled out. It is national (domestic) legislation concerning foreign citizens. At the national level, we can talk about the separation of regulations of a general nature. These are laws directly aimed at regulating foreigners’ legal status, as well as special acts governing a particular area of public relations (foreigners’ rights and responsibilities in a particular industry). There is also an international level to which treaties relate, which, in particular, enshrine universal standards that each state that has acceded to such an agreement is obliged to apply to all foreigners residing in its territory. There is a difference between the rights of foreign citizens and citizens of the country of residence, which relates mainly to political rights.

Key words: human rights, international law, foreigners, stateless persons, legal status, immigrants, refugees.

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