PECULIARITIES OF ADMINISTRATIVE LIABILITY FOR FAILURE TO FULFILL THE OBLIGATIONS OF THE HOST PARTY REGARDING THE EDUCATION OF FOREIGN STUDENTS IN UKRAINE

Abstract

The article is devoted to the study of migration processes associated with the entry into the territory of Ukraine of foreign citizens who intend to receive education in higher educational institutions of Ukraine. It is proved that the regulation of legal migration to attract foreign students is carried out under the influence of global migration processes and international obligations to develop a comprehensive dialogue in the field of migration, including legal migration and illegal migration. It is established that when crossing the state border of Ukraine, foreign citizens must confirm the purpose of entry into Ukraine on the basis of an invitation from a higher educational institution of Ukraine, which is confirmed by documents. They are also required to undergo an oral interview, where they clearly and reasonably explain the purpose of their entry into Ukraine. The author proposed an approximate list of questions that can be asked during the interview, the answer to which will serve as confirmation of the purpose of entry into Ukraine on the basis of the invitation of the Ministry of Foreign Affairs. In the course of the study, it was found that from the moment of entry into Ukraine of a foreigner on the basis of an invitation from the Higher Education Institution, the Higher Education Institution, and subsequently the responsible person for working with foreign students, is the "host party," which is entrusted with a number of duties, the non-observance of which will be the basis for bringing to administrative responsibility by the bodies of the State Migration Service of Ukraine on the basis of Article 205 of the Code of Administrative Offenses. An in-depth analysis of the norms of migration legislation, which entered into force in 2023, and determine the duties and rights of the host party. On the basis of the analysis, the author has developed a "Memo for responsible persons regarding the stay of foreign students in Ukraine," which will facilitate the established interaction between the SMS and ZVO, as well as avoid the grounds for untimely documentation of foreigners with permits and at the same time ensure control over the stay of foreigners in Ukraine, which affects the solution of problems of illegal migration. Also provided guidelines.