LEGAL AND MORAL PROBLEMS OF MIGRATION IN GERMANY
Background: the debatable nature of the issue of open (closed) borders in the field of migration and the presence of lacunae in the legislative sphere indicates the relevance of this topic and contributes to the need for a more detailed interpretation of the phenomenon of “migration” from a legal and ethical perspective. Objective: the analysis of the approaches to the concept of “right for migration” that have been developed in legal science and in the practice of migration policy, as well as to submit our observations on this problem. Methodology: presented by dialectical, comparative and legal, formal and legal methods providing the comparison of existing standpoints on the legal status of migration, as well as formulation of our own vision of this phenomenon. Results: the author’s position on the interpretation of the right for migration as universal, but limited by reasonable control is substantiated, and the home and host parties within this right are characterized. Conclusions: the right for migration is absolute, but not absolutized in the process of implementing migration policy, ethical assessments should not prevail over the formal approach and vice versa, and this should be reflected in the legislative framework.