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Vol. 39, Nº 68 (Enero - Junio) 2021, 186-201
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Objective conditions for improving the
protection of the rights of labour
migrants in Ukraine
DOI: https://doi.org/10.46398/cuestpol.3968.10
Kozin Serhii **
Kovach Denys **
Soroka Larysa ***
Lopatynska Iryna ****
Savytskyi Roman *****
Abstract
The research analyses objective preconditions for improving
the protection of the rights of migrant workers in Ukraine. The
research methodology included the dialectical combination of
tools such as documentary observation and legal hermeneutics. Among the
main results is that: sand analyzed the statistical materials and standards
of current Ukrainian legislation governing the rights of migrant workers.
Problems related to the implementation of the rights of migrant workers
in Ukraine were determined. Objective prerequisites for improving the
protection of the rights of migrant workers in Ukraine were identied. It was
noted that the implementation of rights by migrant workers in the country
depends on several conditions and, above all, it was the specicity of the
legal regulation of this issue. It is concluded that Ukrainian law provides
general guarantees to prevent discrimination against immigrants in terms
of exercising their right to work. At the same time, the application of the
rights of immigrants in our country depends on a number of objective and
subjective conditions that should be discussed.
* PhD in Law, Assistant of the Department of Theory and History of State and Law of the National
University of Life and Environmental Sciences of Ukraine. ORCID ID: https://orcid.org/0000-0001-
7640-4579. Email: vstup@nubip.edu.ua
** Ph.D. in Law, Assistant Professor of the Department of Human Safety and Law of Kharkiv Petro
Vasylenko National Technical University of Agriculture. ORCID ID: https://orcid.org/0000-0002-
5933-078X. Email: dkovach@ukr.net
*** Doctor of Law, Associate Professor, Chief Researcher of the of the Scientic Institute of Public Law.
ORCID ID: https://orcid.org/0000-0002-6979-6049. Email: siplasl2019@gmail.com
**** Candidate of Pedagogical Sciences, Associate Professor of the Department of Foreign Languages
of Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine. ORCID ID: https://orcid.
org/0000-0003-4957-9845. Email: postmaster@dli.donetsk.ua
***** PhD in Law, Senior Research Fellow of the Scientic Institute of Public Law. ORCID ID: https://orcid.
org/0000-0002-4855-1472. Email: SavytskyiR@ukr.net
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Keywords: human rights; migrant workers; migration policies;
guarantees for the protection of rights; legal reality of
Ukraine.
Condiciones objetivas para mejorar la protección de
los derechos de los trabajadores migrantes en Ucrania
Resumen
La investigación analiza las condiciones previas objetivas para mejorar
la protección de los derechos de los trabajadores migrantes en Ucrania.
La metodología de investigación incluyó la combinación dialéctica de
herramientas como la observación documental y la hermenéutica jurídica.
Entre los principales resultados destaca que: se analizaron los materiales
estadísticos y las normas de la legislación vigente de Ucrania que rige los
derechos de los trabajadores migrantes. Se determinaron los problemas
relacionados con la implementación de los derechos de los trabajadores
migrantes en Ucrania. Se identicaron los requisitos previos objetivos para
mejorar la protección de los derechos de los trabajadores migrantes en
Ucrania. Se señaló que la implementación de los derechos por parte de los
trabajadores migrantes en el país depende de una serie de condiciones y,
sobre todo, se trata de la especicidad de la regulación legal de este tema.
Se concluye que la legislación ucraniana, ofrece garantías generales para
prevenir la discriminación contra los inmigrantes en términos de ejercer
su derecho al trabajo. Al mismo tiempo, la aplicación de los derechos de
los inmigrantes en nuestro el país depende de una serie de condiciones
objetivas y subjetivas que conviene debatir.
Palabras clave: derechos humanos; trabajadores migrantes; políticas
migratorias; garantías para la protección de derechos;
realidad jurídica de Ucrania.
Introduction
Modern life is characterized by a number of integration and globalization
processes, the feature of which is a signicant and rapid increase in
population migration. Labour migration occupies a special place in
migration processes. In an effort to realize their full potential and receive
a decent reward for their work, people try to nd employment in countries
with high economic development and high social standards, in particular,
in terms of protecting the rights and legitimate interests of workers. At the
same time, Ukraine, represented by its authorities, striving to quickly and
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Objective conditions for improving the protection of the rights of labour migrants in Ukraine
effectively solve the most acute problems in the main spheres of public life,
is interested in attracting leading world experts to work in our country. This
situation determines the expediency and necessity of introducing effective
mechanisms for managing migration processes and ensuring the protection
of the rights, freedoms and legitimate interests of labour migrants (Kozin,
2020).
However, the analysis of statistical materials and norms of the current
legislation allows to state the fact that today the mechanism for the protection
of the rights of labour migrants in Ukraine can hardly be considered awless.
Researchers have repeatedly stressed the need to improve the State policy
on immigrants, in terms of ensuring their labor rights, emphasizing that
this is a necessary step towards the proper implementation of relevant
international legal requirements and standards by our State.
For example, Dyka and Yushko (2019), analyzing the problems of
realization of labor rights of foreigners in Ukraine, note that today there
are a number of regulations governing the legal status of foreigners and
stateless persons in our country, including features of their participation
in the domestic labor. At rst glance, it seems that such regulation should
not cause any problems for foreign citizens willing to nd employment
in Ukraine, nor for the State, which has provided a clear mechanism for
the exercise of labor rights by foreigners and stateless persons. However,
having studied national legislation, as well as the practice of its application,
one can see that some problems exist. Therefore, the question arises as how
to improve the employment system of foreigners in order to attract foreign
investments into the economy of Ukraine and improve the conditions for
the realization of their right to work.
1. Methodology
To achieve the goal of the Article, the following methods of scientic
knowledge were used.
Normative and dogmatic method, as well as the method of hermeneutics,
were applied when analyzing legal acts regulating the rights of labor
migrants in Ukraine.
Monographic method helped in the analyses of scientic works of
different scholars who studied the issue under consideration.
The methods of analysis and synthesis made it possible to determine the
problems related to the implementation of the rights of labor migrants in
Ukraine.
The method of induction and deduction allowed to specify areas for
improving legal regulation of the rights of labor migrants in Ukraine.
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Statistical method was useful when considering the data concerning the
number of labor immigrants in Ukraine.
The method of generalization was used to formulate the relevant
conclusions and suggestions.
2. Literature Review
The issue of protection of the rights of labor migrants were the topic
of research in the scientic works of a number of foreign and domestic
scholars.
For example, Bohning (1988) studied international labor standards in
protecting migrant workers and the members of their families.
Massimo Merlino and Joanna Parkin (2010) emphasize that the
problem of labor migration is extremely acute for the EU. Tens of thousands
of migrants work overtime in unsuitable conditions to meet their basic
needs for food, housing, education, health care, etc. The author examines
regulations designed to ensure the rights of migrant workers at three levels:
within the EU, at the international level, and at the regional level.
The rights of migrant workers were also investigated within a specic
country; for example, Salve (2009) (India), Sönmez et al. (2011) (UAE),
Kozin et al. (2020), Sakharuk et al. (2020) (Ukraine).
This issue was also the topic of research of such Ukrainian scientists as
Barehamian (2015), Blynova et al. (2020), Kelman (2012), Spitsyna (2013),
Yatskevych (2015) and others.
However, it is fair to say that the scholars have pointed to the need to
improve one or another aspect of protection of the rights of labour migrants
in Ukraine, but there was not a comprehensive study on the objective
conditions for improving the protection of rights of labour migrants in
Ukraine.
That is why the purpose of the article is to clarify the objective conditions
for improving the protection of the rights of labour immigrants in Ukraine.
3. Results and Discussion
As of mid-2018, according to the State Statistics Service of Ukraine, the
number of immigrants (according to the criteria of Ukrainian legislation)
in the country was 273 000 people, which is 0.65% of the average
population of the country in January – June 2018. The majority of these
are representatives are the representatives of the former Soviet republics,
primarily of the Russian Federation (55.4%). Other numerical groups are
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Objective conditions for improving the protection of the rights of labour migrants in Ukraine
citizens of Moldova (6.6%), Azerbaijan (4.5%), Armenia (4.3%), Georgia
(3.9%), Belarus (3.3%), Vietnam and Uzbekistan (0.9% each). In fact, in
2017–2018 the number of foreigners in the country returned to the level of
2014. In 2016–2017, the volume of issued immigration permits in Ukraine
decreased by an average of 30% of 2014 when it amounted to 21574 permits
against 15068 permits in 2016 and 15213 permits in 2017.
The number of foreigners and stateless persons residing in Ukraine was
about 95 000 people in the rst half of 2018, which is equal to 0.22% of the
average population of the country in January – June 2018. Absolute growth
of this immigrant population between 2014 and the rst half of 2018 are
almost 20 thousand people. The majority of these are representatives
are foreign students and labor migrants. Immigrant workers are mainly
executives and managers (62.5% in 2015), employed in the wholesale and
retail trade (23.1%) and processing industry (16.7%). The largest group
among them are thr citizens of Russia (18.8%), Turkey (11.4%), Poland
(5.5%), Belarus (5%) and Germany (4%). Before the crisis, the number of
foreign students in Ukraine grew steadily and in 2013 reached almost 70
000. The most popular is medical and pharmacological education. Almost
half of foreign students are citizens of the CIS countries. However, as a result
of the war in the East of the country, the arrival of educational migrants
began to decline (International Organization for Migration, 2016).
The results of scientic research show that there is discrimination against
immigrants in Ukraine. Although Ukraine has developed and implemented
regulations governing foreigners’ access to employment, education, health
care, and housing, this access remains limited due to the ignorance and
low level of language prociency of migrants, as well as the actions of civil
servants, employees of health care system, etc.
The main problems in foreigners’ access to employment, according to
a survey conducted, are the low level of ofcial employment, difculties in
obtaining a business permit and low awareness of services provided by the
State employment service.
Preschool and school education for migrant children is generally available
(as conrmed by foreigners and leaders of migrant communities, as well as
government ofcials). Difculties in placing children in kindergarten and
schools are usually not related to citizenship or ethnic origin but are typical
for Ukraine’s educational system as a whole.
There are problems with the recognition of the foreigners’ diplomas of
education. In particular, the recognition of refugee diplomas often becomes
impossible due to the impossibility of applying to their countries of origin.
The language problem is also acute for migrants. According to the
survey, only one tenth of foreigners are uent in Ukrainian, and slightly
less than half – in Russian. Today, the network of institutions based on
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which Ukrainian language courses operate is insufcient. As for the courses
of history and culture of Ukraine, they do not actually exist. No more than
a quarter of those who applied to the health authorities reported problems
with treatment. In general, the situation with access to health care facilities
is assessed by respondents as much better than with access to other facilities.
Almost half of foreigners need support in providing housing. Most
tenants are deprived of the opportunity to register at the place of residence
due to the reluctance of landlords to register foreigners in their homes.
Lack of registration makes it much more difcult for foreigners to access
education, health care and administrative services. The survey showed
that foreigners often pay more for housing than Ukrainians; half of the
respondents said that Ukrainians prefer their citizens in the provision of
rental services (International Organization for Migration, 2014).
In the light of the foregoing, it is worth paying attention to the views
of scientists on the need to improve the protection of the rights of labour
migrants in Ukraine. For example, Barehamian (2015) emphasizes that a
number of issues need to be addressed in order to properly ensure the rights
of migrants in Ukraine. In particular, in connection with the implementation
of the European Social Charter (Council of Europe, 1996) (revised) the
following issues still remain unresolved in Ukraine: 1) our State has not
acceded to the fundamental paragraph 1 of Art. 4 of the this Charter, which
recognizes the right of employees to remuneration that provides them and
their families with a sufcient standard of living; 2) the norms on poverty
and extreme poverty, their establishing criteria, in order to strengthen the
effectiveness of the entire system of social and legal measures in this area;
3) to increase the impact of standard indicators such as the minimum wage
and the minimum pension all provisions on the subsistence level should
be removed from the law; 4) the government’s right to use this tool in
preparing the State budget and practical application of this indicator in the
measurement of social assistance should be limited; 5) it is expedient to
amend the laws of Ukraine by removing the indicator “subsistence level” as
one that does not comply with the Constitution of Ukraine; 6) it is expedient
to audit the regulatory framework for occupational safety and health and
bring it in line with international standards.
Kelman (2012), having investigated the issue of ensuring the right to
work of foreigners in Ukraine, note that the problem of improving the legal
mechanisms for ensuring the rights and freedoms of citizens, including
their right to work, which is recognized as the most important of all socio-
economic rights and the prerequisite for the existence of the latter, remains
current topic in many studies.
It is worth to note that the right to work is of basic, fundamental nature;
other labour rights derive therefrom. Therefore, the issues that arise in
the area of employment deserve special attention, because all competent
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Objective conditions for improving the protection of the rights of labour migrants in Ukraine
persons of any country may be subject to the labour relations of our State.
Today, the labor market is open to foreigners despite job decit and
unemployment; the number of immigrants is signicantly increasing due
to the government’s desire to raise Ukraine to interstate status and the
European level, which signicantly affects the socio-economic development
of the country as a whole. The established demographic norms and traditions
of the population are destroyed to some extent under the inuence of such
processes, which contributes to the growth of crisis in the social status of
the country. The inadequacy of national legislation in terms of restrictions
on the work of foreigners, the existence of contradictory norms, adopted
depending on the political situation, signicantly reduce the effectiveness
of their application, the rule of law and legality.
At the same time, there are more and more people willing to work in
Ukraine, both legally and illegally. All this justies the need for proper
legislative consolidation of the mechanism for the implementation of
labor rights of foreigners and regulation of labor relations with foreigners
in Ukraine. The task of the legislation should be to predict and take into
account all possible negative factors in the exercise of the right to work by
foreigners.
Levenets (2014), having studied the constitutional rights of foreigners
in Ukraine, pays special attention to the need to ensure their right to
work. According to the lawyer, the foundation for the constitutional and
legal status of any person is his / her rights and obligations enshrined
in the Constitution and current legislation. Emphasizing the equality of
people in the exercise of their rights and freedoms, some of the articles
of the Constitution of Ukraine of the second section (which is devoted to
human rights and freedoms) assign them to every person, regardless of
whether they are citizens of Ukraine. However, the constitutional and legal
status of foreigners still differs signicantly from the status of citizens of
Ukraine, primarily in relation to restrictions on rights in the political, socio-
economic, and labor spheres. The urgency of the research is explained rstly
by the extent to which such restrictions are justied in the development of a
sovereign, independent, and democratic State, and secondly by the extent to
which they meet global trends and international standards in constitutional
status of foreigners. Thus, labor, socio-economic, and political rights are
the most important and problematic rights of foreigners in Ukraine, which
should be discussed in more detail.
As for the real provision of labor rights and freedoms of an individual
and a citizen, as well as the guarantees of their observance, it is necessary
to study theoretical and practical problems of observance of constitutional
guarantees of labor rights of foreign workers in Ukraine; to create
really effective mechanisms that would ensure the implementation of
constitutional and legal guarantees of labor rights of foreigners and stateless
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persons in Ukraine; to improve the current labor legislation and bring it in
line with the Constitution of Ukraine and international legal acts (Spitsyna,
2013).
Yatskevych (2015) notes that the strengthening of Ukraine’s integration
processes with the European Union involves intensication of not only
public but also private law relations. This applies to the scope of employment
of foreigners in Ukraine, as well as citizens of Ukraine abroad. Efciency,
transparency, and simplication of employment of foreign nationals under
an employment contract with an employer of Ukrainian jurisdiction should
be ensured taking into account national interests of Ukraine and should
promote the creation of new jobs, the modernization of production, foreign
investment inows and strengthening the rule of law, in particular through
effective legal guarantees of realization of the right to work by both residents
and non-residents.
The scientist correctly states that under the conditions of growing
investment activity and low unemployment in the country, attracting foreign
labor (both skilled and unskilled workers) may result in the expansion of
production, and thus in economic growth. Therefore, providing transparent
and understandable conditions for legal employment of foreigners will only
increase investment in Ukraine’s economy. Adherence to the principles
of non-discrimination, the rule of law and the protection of the national
interests in the employment of foreigners will testify to the establishment of
democratic principles in Ukraine, approximation to the European standards
in the social sphere. After all, foreigners in Ukraine have the same rights and
obligations as the citizens of Ukraine, except for the restrictions established
by law. Transparent and motivated legal regulation of these restrictions is
one of the important legal guarantees of ensuring the right of foreigners to
work. The realization of such right by non-residents of Ukraine through
concluding an employment contract in cases specied by law provides for
the issuance of work permission for the foreigners, which is part of the legal
fact along with the conclusion of an employment contract. Further progress
of Ukraine on the path of reforming labor relations provides for the
legislative enshrinement of a clear procedure for employment of foreigners
in the territory of our State in the future Labor Code of Ukraine.
Kovalenko (2018) emphasize that the strengthening of Ukraine’s
integration processes with the European Union involves the intensication
of not only public but also private law relations and provides greater
transparency of Ukraine’s labor market to foreign labor, which leads to
increased competition between the employees in this market. In turn, this
necessitates the implementation of a consistent and balanced State policy
in the labor market, which would ensure the necessary balance between
the interests of the State, employers and the national economy and the
interests of employees. One of the tools for implementing such a policy,
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Objective conditions for improving the protection of the rights of labour migrants in Ukraine
creating the necessary conditions to protect the national labor market is the
introduction of mechanisms of State inuence in this market and elements
of control over the use of foreign labor in Ukraine while fully respecting the
interests and equality of Ukrainian citizens and foreigners as employees.
The positions of the indicated authors and several other researchers
eloquently demonstrate that the current state of legal regulation of the legal
status of immigrants, in terms of exercising their labor rights in Ukraine
and their protection, needs improvement, due to the need for proper
implementation legal requirements and the needs of economic development
of our country.
According to Article 26 of the Constitution of Ukraine (LU 254k/96-
VR/1996, June 28), foreigners and stateless persons legally staying in
Ukraine enjoy the same rights and freedoms, as well as bear the same
obligations as the citizens of Ukraine with exceptions provided by the
Constitution, laws or international treaties of Ukraine. This constitutional
provision also applies to the right to work guaranteed by Article 43 of the
Constitution of Ukraine. According to this article, everyone has the right
to work, which includes the opportunity to gain a living by work, which he
(she) freely chooses or freely agrees to. The use of forced labor is prohibited.
Military or alternative (non-military) service, as well as work or service
performed by a person under a sentence or other court decision or in
accordance with the laws on martial law and the state of emergency, shall
not be considered forced labor. Everyone has the right to adequate, safe and
healthy working conditions, to wages not lower than those specied by law.
It is prohibited to employ women and minors in jobs that are hazardous to
their health. The right to timely remuneration for work is protected by law.
Article 24 of the Constitution of Ukraine should be mentioned in this
context as well. It provides that there should be no privileges or restrictions
on the grounds of race, color, political, religious or other beliefs, sex, ethnic
and social origin, property status, place of residence, linguistic or other
features. Equality of the rights of women and men is ensured: by providing
women with opportunities equal to those of men, in public and political,
and cultural activity, in obtaining education and in professional training,
in work and its remuneration; by special measures for the protection of
work and health of women; by establishing pension privileges, by creating
conditions that allow women to combine work and motherhood; by legal
protection, material and moral support of motherhood and childhood,
including the provision of paid leaves and other privileges to pregnant
women and mothers.
These constitutional provisions are translated in the Labor Code of
Ukraine (LU 322-VIII/1971, December 10) and the Law of Ukraine “On
Employment”. Thus, Article 2 of the Labor Code of Ukraine provides that the
State creates conditions for effective employment, promotes employment,
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training and retraining, and if necessary, provides retraining of persons
released as a result of the transition to a market economy. Employees
exercise the right to work by concluding an employment contract with an
enterprise, institution, organization or an individual. Employees have the
right to rest in accordance with the laws on the restriction of working days
and working weeks and on annual paid leave, the right to healthy and safe
working conditions, to unite in trade unions and to resolve collective labor
disputes in the manner prescribed by law, to participate in the management
of the enterprise, institution, organization, to material provision in old age
or in the event of illness, full or partial disablement, to nancial assistance
in case of unemployment, the right to appeal to court to resolve labor
disputes, regardless of the nature of the work performed or position held,
except as provided by law, as well as other rights established by law.
Besides, Article 2-2 of this Code stipulates that any discrimination in the
area of labor is prohibited, including violation of the principle of equality
of rights and opportunities, direct or indirect restriction of workers’ rights
depending on race, color, political, religious and other beliefs, sex, gender
identity, sexual orientation, ethnic, social and foreign origin, age, health
status, disability, suspected or present of HIV / AIDS, marital and property
status, family responsibilities, place of residence, membership in a trade
union or other association of citizens, participation in a strike, appeal or
intention to appeal to court or other agencies to protect their rights or
provide support to other employees in defending their rights, notication
of corruption or corruption-related offenses, other violations of the Law of
Ukraine “On Corruption Prevention” as well as assisting a person in making
such a report, on linguistic or other grounds not related with the nature of
the work or the conditions under which it is performed.
As for the Law “On Employment” (LU 5067-VI/2012, July 05), it
enshrines that everyone has the right to freely chosen employment. Forced
labor in any form is prohibited. Voluntary unemployment of a person cannot
be the ground for bringing him (her) to justice. Employment is provided
by establishing relations governed by employment agreements (contracts),
conducting business and other activities not prohibited by law. Foreigners
and stateless persons permanently residing in Ukraine, or recognized as
refugees in Ukraine, or granted asylum in Ukraine, or recognized as persons
in need of additional protection, or granted temporary protection, as well
as those who have obtained immigration authorization, have the right to
employment on the grounds and in the manner prescribed for the citizens
of Ukraine. Foreigners and stateless persons who arrived in Ukraine for
employment for a denite period are hired by employers on the basis of a
work permission for foreigners and stateless persons issued in the manner
prescribed by this Law, unless otherwise provided by international treaties
of Ukraine recognized by the Verkhovna Rada of Ukraine.
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Objective conditions for improving the protection of the rights of labour migrants in Ukraine
The Law of Ukraine “On International Labour Migration” (LU 761-
VIII/2015, November 05) enshrines the rights and social guarantees of labor
migrants and members of their families. In particular, the Law provides
for the rights of migrant workers to appropriate working conditions,
remuneration, recreation and social protection, participation in the system
of compulsory State social insurance, pensions, receiving education in
Ukraine in accordance with the law, participation in public associations,
addressing their national, cultural, educational, spiritual, and linguistic
needs.
Despite the positive novelties, some issues important for migrant
workers mentioned in the Law are very vague, some are missed altogether.
Therefore, the Law “On International Labour Migration” is important,
but only the rst step towards settling legal relations arising from labor
migration. Harmonization of current legislation, as well as the development
of new regulations necessary for its implementation is ahead.
In April 2017, the Government approved an Action Plan to ensure the
reintegration into society of migrant workers and their families (Order
of the Cabinet of Ministers of Ukraine. 2017(1), April 12), developed to
implement the abovementioned Law. Unfortunately, it did not specify to
the declared norms, as it mostly contained provisions such as promoting
the employment of foreigners, studying foreign experience, providing
consultations, etc.
In July 2017, the Government of Ukraine adopted the Strategy of State
Migration Policy for the period up to 2025 (Order of the Cabinet of Ministers
of Ukraine. 2017(2), July 12). The International Organization for Migration
and the European Union provided signicant assistance in developing the
Strategy, advising on the adaptation of best international practices to the
Ukrainian legislation. During the development of the document, the latest
migration policy strategies of a number of EU countries and the Eastern
Partnership (Bulgaria, Georgia, Finland, Hungary, Moldova, Poland,
Slovakia) were studied and taken into account.
In contrast to previous attempts to conceptualize the State’s migration
policy, the Strategy has more profound and comprehensive approach. It
contains a number of new and progressive elements, which were practically
not mentioned in previous political documents. In particular, the Strategy
provides for the involvement of highly qualied foreign specialists in
accordance with the needs of economic and social development of the State.
Particular attention is paid to the integration of immigrants into
Ukrainian society as a bilateral process involving both migrants and the
local population. It is proposed to introduce a mechanism and programs
to regularize illegal migrants who have lived in the country for a long time,
have families and jobs, have not committed serious violations of the law,
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and cannot be expelled for humanitarian reasons. An important place
in the Strategy is given to the improvement of accounting, information,
and statistical support of migration policy, as well as coordination of the
activities of various agencies, which, of course, should be considered as
positive features of the document.
To increase the effectiveness of Ukraine’s immigration policy for the
period up to 2025, the following measures should be taken:
• to do polling of the situation of foreigners.
• to introduce an exchange of information between communities,
public organizations, and governmental structures of Ukraine, in
particular information on the number and composition of members
of migrant organizations, the problems they face, the assistance
they need.
• to develop and disseminate informational and educational materials
to acquaint immigrants with the mechanisms for the protection
against discrimination in their national languages.
• to create conditions for the adaptation of the educational process for
migrants and stateless persons who do not have sufcient knowledge
of the State language by developing and implementing methods of
teaching foreigners and publishing specialized textbooks.
• to study the issues of attracting migrants to Ukraine by developing
the relevant migration programs.
• to identify the categories of migrants to be regularized, etc.
Despite the advantages of the Strategy, a number of its provisions
raise certain reservations. Firstly, the Strategy of State Migration Policy
was approved by an Order of the Cabinet of Ministers of Ukraine, i.e. it
is a document whose level hardly corresponds to the severity of migration
problems that need to be addressed. The scope of the Strategy is quite large,
it formulates 13 goals and numerous tasks aimed at achieving them. As a
result, the text is misrepresented in some places by the activities planned by
various agencies that participated in its development (Ministry of Internal
Affairs, State Migration Service of Ukraine, State Border Service of Ukraine),
which is detrimental to the clarity of the State goals and objectives in the
area of migration.
198
Kozin Serhii, Kovach Denys, Soroka Larysa, Lopatynska Iryna y Savytskyi Roman
Objective conditions for improving the protection of the rights of labour migrants in Ukraine
Conclusion
The role of migration as a factor of socio-economic development
increases signicantly under conditions of depopulation (stable excess of
the number of deaths over the number of births). Due to the exhaustion of
the potential for demographic growth in Ukraine, a further decrease in the
total population is inevitable, especially in working age. Maintaining stable
population and an acceptable level of the ratio between different age groups
in economically developed countries is possible due to the migratory inux
of population from developing countries. In this regard, the problem of
protection of migrant’s rights is of paramount importance.
Summing up the results of the presented research, we can state that in
general, Ukrainian legislation on the one hand provides general guarantees
to prevent discrimination against immigrants in terms of exercising their
right to work in Ukraine. At the same time, the implementation of the rights
of immigrants in our country depends on a number of conditions. Firstly,
we are talking about the specics of the legal framework for the employment
of such categories of workers.
Besides, the analysis of a number of scientic views and provisions
of existing regulations showed that there are a number of gaps and
shortcomings in the area of protection of the rights of labour migrants in
Ukraine which should be addressed in such directions:
• to strengthen the guarantees of immigrants’ labor rights.
• to address inconsistencies in legislation regarding remuneration of
immigrant employees.
• to review the problems of social protection of this category of
workers (to enshrine clear rules for the provision of pensions for
immigrants, to clarify the issue of taxation of migrant workers’
wages, to specify the migrants’ guarantees in the area of education,).
• to address the issue of the exercise of the voting rights of the
immigrants, which is extremely painful for migrants and inevitably
escalates during every parliamentary or presidential elections.
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