IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v11y2021i1p113-130.html
   My bibliography  Save this article

Legal and organizational problems on identification of persons in activities of the State Border Guard Service of Ukraine

Author

Listed:
  • Iryna Kushnir

    (National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine)

  • Olha Tsarenko

    (National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine)

  • Serhii TSARENKO

    (Bohdan Khmelnytskyi National Academy of the State Border Guard Service of Ukraine)

Abstract

The article deals with the identification of foreigners and stateless persons, problems of legal regulation of relations of the State Border Guard Service of Ukraine on collecting biometric data of persons, types of data subject to collection, processing, storage and administration. The problems existing in the mechanisms of collecting biometric data of foreigners and stateless persons, as well as issues of personal data protection are considered. An attempt was made to suggest changes to laws and regulations in the field of migration and border protection on the basis of empirical data. The goal is to investigate the mechanism of identification of foreigners and stateless persons during border control procedures at border crossing points (checkpoints) and at entry-exit checkpoints, as well as during administrative proceedings and to identify ways to improve the legal regulation of these procedures in the activities of the State Border Guard Service of Ukraine. The methods used in the research were the analysis and comparison of national legislation with the legislation of the European Union Member States and the Council of Europe (including the case law of the European Court of Human Rights) on biometric data. The questionnaire survey method enabled to obtain objective information about the border guards' awareness of personal data. The forecasting method was used to formulate proposals for amendments to the legislation to improve the organization of work processes in the activities of the State Border Guard Service of Ukraine when using IT systems. The research will enable to improve the procedure for collecting biometric data of foreigners and stateless persons by border guards, strengthen the capacity of the State Border Guard Service of Ukraine to combat illegal migration.

Suggested Citation

  • Iryna Kushnir & Olha Tsarenko & Serhii TSARENKO, 2021. "Legal and organizational problems on identification of persons in activities of the State Border Guard Service of Ukraine," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 11(1), pages 113-130, March.
  • Handle: RePEc:asr:journl:v:11:y:2021:i:1:p:113-130
    as

    Download full text from publisher

    File URL: http://www.tribunajuridica.eu/arhiva/An11v1/8.Olha%20Tsarenko,%20Serhii%20Tsarenko,%20%20Iryna%20Kushnir.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    State Border Guard Service of Ukraine; foreigners; stateless persons; data bases; fingerprinting; biometric systems; identification.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K37 - Law and Economics - - Other Substantive Areas of Law - - - Immigration Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:11:y:2021:i:1:p:113-130. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.