Problematic issues of the detention of foreign nationals by representatives of the State Border Guard Service of Ukraine (administrative and legal aspect)

The article examines the administrative and legal aspects of the activities of the servicemen of the State Border Guard Service of Ukraine concerning the organization of forced return, forced expulsion, and readmission of foreigners and stateless persons who have violated legislation in the field of state border protection. It is substantiated that, despite the clearly defined powers of the State Border Guard Service, the implementation of these procedures is associated with significant difficulties, primarily in ensuring compliance with the procedural time limits established by Article 289 of the Code of Administrative Procedure of Ukraine. Based on an analysis of academic sources, it is established that the existing legal norms require further clarification and harmonization, as the absence of precise mechanisms and coordinated algorithms of interaction between the State Border Guard Service, the State Migration Service, the courts, and other public administration entities leads to legal uncertainty in the consideration of cases related to forced expulsion and readmission. The study outlines the key problems of law enforcement practice: the complexity of identifying foreigners, deficiencies in procedures for documenting the fact of detention, and inconsistencies between national legal provisions and international standards in the field of protection of persons deprived of liberty. Particular attention is paid to the issue of courts’ failure to comply with the requirement to consider such cases on the day the claim is filed, which results from organizational constraints, including the absence of judicial proceedings on weekends and public holidays. The presented analysis of judicial practice confirms the systemic nature of such deviations and demonstrates the need for updated regulatory provisions. The article substantiates the expediency of amending Article 289 of the Code of Administrative Procedure of Ukraine in order to ensure real and effective judicial control over the detention of foreigners and compliance with the principles of the rule of law and proportionality. It is concluded that improving the administrative and legal mechanism for the detention of foreigners is a necessary precondition for forming a coherent model of state policy in the field of migration control and ensuring human rights in the context of increasing cross-border challenges.