Institute of the readmission of persons in the system of the public law
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
In the article scientific approaches related to a place of the readmission of per- sons in the legal system are researched. It is determined that dialectic of establishment and devel- opment of the readmission of persons manifests width of views pertaining its definition, essenti- ality and content. Majority of international and Ukrainian scientists acknowledge the readmission of persons as an institute, in particular, of the public law. Although, opinions exist regarding as- signment of the institute of the readmission of persons to area of the administrative or constitu- tional law. It is found that the readmission of persons is always considered in context of the interna- tional migration, official and obligatory origins of which are international treaties. That’s exactly why readmission is an institute of the international migration law as a complex branch of the public law. Its structure comprises provisions of other basic branches of the public law (public law on human rights protection, international information law, law of treaties etc.) and secondary for it branches of the domestic law (administrative, constitutional, information law etc.), related to receiving and transfer or transit traffic of persons, who in accordance to the legislation of a State, which exercises transfer (transiter), illegally arrived or reside in its territory.
Authors and Affiliations
С. М. ОЛІЙНИК
Keywords
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