Constitutional-legal regulation of a Ukrainian citizen''s right to enter Ukraine
The article deals with the analysis of the theoretical and legislative aspects of the constitutional and legal regulation of a Ukrainian citizen's right to enter Ukraine and the substantiation of the suggestions concerning the improvement thereof. The article reviews the history of fixing one's right to enter his/her country in international instruments and the national legislation and analyzes the correlation between the terms "return" and "entry" as well as the word combinations "right to enter own country" and "right to enter the country a citizen of which the individual is" usedfor the formulation of the said right. It is noted that the Universal Declaration of Human Rights dated December 10, 1948 was the first international instrument declaring the right of every person to return to his/her country. Later on it was reflected in universal and regional international legal instruments on human rights. It is emphasized that the right of a Ukrainian citizen to enter Ukraine was duly regulated only after it declared independence while this right was restricted in a certain way in the USSR legislation. The article states that the right to enter Ukraine was fixed in the Ukrainian Citizens' Right to Leave Ukraine and to Enter Ukraine Act of Ukraine dated January 21, 1991 for the first time at the legislative level. According to the first part of Article 1 of the said Act, a Ukrainian citizen is entitled to enter Ukraine. The use of the term "entry" and not the term «return» in the Act is considered reasonable since it provides also this right for the Ukrainian citizens who were born abroad and have never been to Ukraine. It is noted that this right was subsequently fixed in the Constitution of Ukraine dated June 28, 1996. In accordance with the second part of its Article 33, a Ukrainian citizen cannot be deprived of the right to return to Ukraine at any time. The documents confirming a Ukrainian citizen's right to enter Ukraine are considered. The matter concerning the possibility to restrict this right is analyzed. Attention is paid to the provisions of the fourth part of Article 2 of the Ukrainian Citizens Exit from and Entry to Ukraine Procedure Act of Ukraine according to which the right of a Ukrainian citizen to enter Ukraine cannot be restricted under any circumstances. Arguments are offered that this version of the said provision is contrary to the second part of Article 64 of the Constitution of Ukraine in accordance with which the said right may be restricted in case of martial law or state of emergency. The conclusion is drawn that in our country they pay attention to the constitutional and legal regulation of a Ukrainian citizen's right to enter Ukraine. The offers concerning the further improvement thereof are substantiated.