Journal article Open Access

Foreigners as a Bearer of Basic Rights. Ensuring of Foreigners' Rights

N.I. Tsekalova

The article considers the basic set of rights owned by foreigners located in the territory of Ukraine. It also characterizes legal status of foreign citizens in the realm of their right to choose their place of residence and freedom of movement, the right to life and health care, the right to conclude and dissolve a marriage on the territory of Ukraine. It is noted that the right to choose a place of residence and freedom of movement, being an absolute right, can still be somewhat limited for both citizens of the respective state and foreigners. This is due in particular to the special regime of the border or occupied territory. It is determined that in Ukraine, in fact, there is no generally accepted principle of equality between residents patients and non-residents like in Europe. This is due to ambiguous rules regarding the payment of medical services. The article also describes the conditions for the conclusion and termination of marriage by foreigners on the territory of Ukraine. Particular attention is paid to the rights in which the Ukrainian legislator somewhat restricts foreign citizens, in particular, it concerns a group of political rights. In this aspect, it is emphasized the need to involve foreigners in matters of local importance, by means of a legally stipulated permit for their participation in local elections. As an example, there are a number of European countries, including Austria, Belgium, the UK, Greece, Denmark, Estonia, Spain, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Germany, Portugal, Slovakia, Slovenia, Hungary, Finland , France, Czech Republic, where the norm is fixed, with the possibility of foreigners to participate in (vote) in local elections, in case of confirmation of residence in the territory of the municipality within a certain period. Also, it is proposed to bring in line with international standards and Art. 39 of the Constitution of Ukraine, which actually restricts foreign citizens from meeting peacefully and thereby defending their violated rights.

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