FORCED DEPORTATION OF FOREIGNERS AND STATELESS PERSONS IN ADMINISTRATIVE PROCEEDINGS

Abstract

The article examines the specifics of the forced deportation of foreigners and stateless persons within administrative procedures. It explores the concept, legal nature, and grounds for the forced deportation of such individuals. Deportation serves a preventive, deterrent, and, in certain cases, punitive function, depending on its purpose. Depending on the grounds and objectives of administrative deportation, it can be considered as a preventive measure, a means of termination, or an administrative sanction. As an individualized measure, deportation requires a thorough assessment of the specific circumstances of each case, including the duration of stay in the country, family ties, and potential risks the person may face upon return. Special attention is given to judicial practice in handling cases of forced deportation within administrative procedures. The article highlights key principles of judicial oversight regarding the legality of such decisions, the necessity of upholding human rights, and the importance of ensuring access to interpreters and legal assistance. Ukrainian courts are required to consider the rulings of the European Court of Human Rights in cases of forced deportation. Forced deportation is analyzed in the context of balancing national security interests with the obligation to respect human rights. The study concludes that deportation procedures must adhere to the principles of legality, proportionality, and compliance with international human rights standards. The effective and lawful implementation of deportation procedures helps maintain public order and ensures compliance with international migration standards.