MIGRATION POLICY DURING THE WAR: CRIMINAL-LEGAL COMPARATIVISTICS

Abstract

The article aims to clarify the characteristics and the main essence of the migration policy during the war, determining its key features, including by conducting a comparative legal study. The results. Migration caused by economic factors and global conflicts creates significant problems, especially illegal migration. The uncontrolled flow of people to the EU requires constant interaction between the EU member states and the Schengen area at the international and national levels. Illegal stay on the territory of the country can be a consequence of both legal and illegal entry. There is no legal document in European legislation that would necessarily require the establishment of criminal liability for illegal border crossing in member states. However, such activity is punishable in almost all countries of the European Union. Yes, the Polish legislator, in Art. 264 of the Criminal Code provides for responsibility for crossing the border of the Republic of Poland contrary to the provisions of the Law: using violence, threats, deception or in cooperation with other persons or for organizing other persons to cross the border of the Republic of Poland contrary to the rules. Provisions of the Polish criminal law aimed at countering the phenomenon of illegal migration also include Art. 264a of the Criminal Code of the Republic of Poland, which provides for liability for enabling or facilitating the stay of another person on the territory of the Republic of Poland contrary to the provisions of the law. Conclusions. The Criminal Code of Ukraine resolves this issue with specific provisions, especially in the context of the ongoing military-political conflict.Evasion from mobilization is a noticeable problem in Ukraine, many conscripts try to leave the country illegally. Proposed changes to the Criminal Code of Ukraine are aimed at strengthening criminal liability for illegal border crossing, in particular for evasion of mobilization, and also offer incentives for those who voluntarily return and report their criminal offense. These complexities highlight the need for robust legal measures to address the challenges of irregular migration and mobilization evasion.