The OSCE in the Era of a Threat to the European Security ‒ Challenges and Prospects

The article analyses the fundamental research “Multilateralism in Transition: Challenges and Opportunities for the OSCE”, prepared by a team of Swiss experts under the leadership of the renowned Swiss diplomat Thomas Greminger (the Permanent Representative of Switzerland to the OSCE, the UN and the International Organizations in Vienna). The fact that T. Greminger served as Secretary General of the OSCE from 2017 to 2020 gives added value to the research. This created a unique opportunity to combine in the research his vast experience, personal impressions from the observance of the “internal kitchen” of the Organization and his analyses of the main directions of the work of the OSCE. The research focuses on the central problems of the OSCE’s activities- preservation of the European security, prevention and regulation of conflicts, new challenges to the European security, strategic partnership of the OSCE with major international organizations, introduction of modern technologies to the operational activities of the Organization, reformation and modernization of the OSCE’ s management system and operational functions. Special attention is payed to the revitalization of the OSCE Structured Dialogue ‒ the main platform for discussions of the most important politico-military problems and confidence-building measures, exchange of information on current perceptions of threat, military capacity, de-escalation measures, best practices for the prevention and improved management of military incidents. The book contains a positive assessment of the concept of cooperative actions aimed at a collective response to the new challenges to the European security: climate change and environment destruction, impact of technology on the societies, illegal migration, pandemics, cross- border organised crime, cyber threats, nuclear security. The authors of the book consider that the collective security initiative could stimulate trust, convergence of interests of participating states and finally would improve European security through cooperation. They also bring to attention the problems of the longstanding reform of the OSCE through presentation of the ten-point reform agenda, including management reform of the OSCE Secretariat, reform of the budget cycle, information security and automating work processes. leveraging partnerships with international and regional organizations.

Poland may treat Afghan asylum claims as special case

Poland’s opposition to illegal migration across its Belarus border will not preclude considering regular asylum claims

Legal regulation of combating illegal migration in Ukraine and the EU

Through a methodology of legal interpretation and analyze the stages of formation of migration policy and legislation in Ukraine since its independence. It was determined that in the initial stage the main elements of the legal regulation of migration processes in Ukraine were the development of the legal framework on migration, the initiation of international cooperation and the creation of organizational structures that address migration issues. The article also analyzes the extensive system of normative acts developed in Ukraine today, aimed at the legal regulation of migration processes and the fight against illegal migration. In this context, the details of the fight against illegal immigration in EU countries are described. Finally, the guidelines for EU migration policy in the field of combating illegal immigration are studied. It is concluded that, unlike Ukraine, where the fight against illegal immigration is mainly limited to the establishment of prohibitions and fines for illegal immigrants, the EU has developed a system of incentives and measures aimed at supporting third countries, among other aspects.

Offense of organizing illegal migration: subject of the offense

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

Illegal migration in Azerbaijan. Threats and consequences

The article discusses the concept of illegal migration, the problems of studying migration processes. The most important causes of illegal migration are listed. In addition, the article analyzes the possible threats and consequences of this process for the Republic of Azerbaijan. The article also reviews the laws governing migration policy in Azerbaijan.

Offense of organizing illegal migration: subjective side of the offense in relation to the victim’s consent

The prosecution of a person who has committed a prejudicial act is a priority of the state to protect a public interest, or to defend a fundamental right for which the state has commitments to respect. This article identifies the mental attitude of the subject of the crime towards the prejudicial act of organizing illegal migration. The article also elucidates the extent to which the migrant, who is the victim of the crime, is directed by the perpetrator. Also, attention is drawn to the purpose and motive of the crime. In the same context, it is analyzed what impact the victim’s consent has on the commission of the crime. In the author’s opinion, the analysis of the organization of illegal migration through the prism of its distinct elements plays a fundamental role for the legislation of the Republic of Moldova. It is concluded that the Moldovan legislator must introduce in the Criminal Code of the Republic of Moldova the phrase “migrants’ trafficking”, in exchange for the current one of “organizing illegal migration”. This conclusion is based on the social requirement to protect the rights and interests of migrants. Thus, the Moldovan authorities will be able to identify the authentic purpose pursued by the perpetrator when violating human values and freedoms (the authorities will make a clear distinction between trafficking of human beings and trafficking of migrants).

International legal experience in combating illegal migration by sea

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

Methods of interaction of the state border service of Ukraine with other law enforcement authorities

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

The phenomenon of illegal migration in the context of the implementation of the ,,vaccination passport”

The COVID-19 pandemic has led a number of countries to introduce restrictive “isolation” policies to control the spread of infection. ,,Vaccination passports” have been proposed as a solution to mitigate the damage of such decisions and could be used in tandem with other policies and measures to control the spread of infection. This document would allow you to return to some normal activities, such as free travel and return to work. The introduction of ,,vaccination passports” raises a number of practical, ethical and security challenges. In this article, we try to analyze the challenges and risks of fraud in this type of document and their use in the context of illegal migration.