Journal article Open Access

The Place of Migration Law in the System of Law of Ukraine

V.V. Makarchuk

The article describes the characteristics of migration processes in Ukraine and the world. Different approaches to determining the place of migration law in the system of law of Ukraine are reflected. The components of migration law as a branch of law and science are shown. The links between migration law and other areas of law are analyzed.

Migration Law of Ukraine is an independent branch of the national legal system, which shall be understood as scientifically based, objectively existing relationship of institutions and regulations that constitute a single independent branch of law. It is the internal construction, determined order and placement of its constituent parts, due to the nature of migratory relations. Considering the system of migration law of Ukraine from the perspective of internal construction, it is necessary to structurally isolate the elements: immigration and legal rules and institutions of migration law.

The scholars distinguish internal and mixed migration legal institutions. Thus, internal institutes are immigration institute, emigration institute, institute of departure from Ukraine, institute of freedom of movement through Ukraine, institutes of returning repressed persons, formerly deported peoples and others. An example of mixed migration legal institute of Ukraine is institute of extradition, because the arising social relationships in this area cannot be regulated by only one branch of law.

The objective preconditions of the migration law of Ukraine are determined. The concepts and categories of the research of the migration law are described. The definition of conceptual and categorical apparatus of study is proposed, based on a critical understanding of scientific advances in this field. The definition of immigration law is given, its specificity is disclosed.

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