This article deals with the issues concerning the legal status and administrative liability of foreigners and stateless persons. It investigates the peculiarities of bringing foreigners and stateless persons to legal liability under administrative law. The legislation under which foreigners and stateless persons are brought to administrative liability has been analysed. Administrative coercion measures that can be applied to foreigners and stateless persons have been investigated. The article considers issues of arrangements for cases concerning foreigners and stateless persons, in particular, which are considered within civil proceedings, customs, and administrative proceedings, the peculiarities of the implementation of decisions concerning foreigners and stateless persons. The shortcomings of the mechanism for bringing foreigners to administrative liability have been identified. The imperfection and ineffectiveness of the mechanism for bringing foreigners who are subject to an administrative liability in the form of a fine to administrative liability, and collisions and gaps in migration legislation have been highlighted. Two ways of solving the identified problems are proposed: improving national legislation and concluding mutual assistance agreements. It has been substantiated that the mechanism for bringing foreigners and stateless persons to administrative liability should provide for the influence of the authorities or the state on the violator during the period when he or she is still in the state where the crime was committed. Methods of bringing to liability during the period when a foreigner has already left the state’s territory are important only in the case of committing serious offenses, including crimes. It was proposed to consolidate certain changes in the legislation.

The paper is devoted to a careful and topical topic of studying the administrative responsibility of foreigners and stateless persons in some foreign countries. It is noted that foreigners and stateless persons in Ukraine are subject to the national legal regime, i.e., they are endowed with the same scope of rights and responsibilities as citizens of Ukraine. Except for certain political and labor rights. Thus, foreigners and stateless persons are brought to legal responsibility, including administrative, on a par with the citizens of Ukraine. In the context of improving and optimizing the process of bringing to administrative responsibility foreigners and stateless persons in Ukraine, it is advisable to study the positive foreign experience. Thus, the proposed study is relevant and important. The methodological basis of the study were general scientific and special legal methods of cognition. Among the general scientific methods, we used dialectical, general logical, analysis, generalization, and formalization. Regarding specifically legal methods, we used, among others, formal-legal, systemic, theoretical, and legal. The key place in our study, of course, was occupied by the comparative law method, which allowed to conduct a comparative legal study of the grounds of administrative liability of foreigners and stateless persons in foreign countries, as well as those sanctions and penalties that may apply to some foreign countries. The authors found that the states of the Anglo-American legal system do not recognize separate administrative legislation. Acts that in Ukraine are considered administrative offenses, violations of customs law or tax misdemeanors in the United States belong to the category of crimes or civil misdemeanors. It has been proven that in most European countries belonging to the continental group of legal systems, cases of administrative offenses belong to the field of criminal law, i.e., such offenses are considered a type of crime. It is determined that the peculiarity of the administrative and legal status of foreigners in Japan is the fact that the migration policy of this country is not focused on the integration of foreigners, plus this country does not have adequate social infrastructure for their settlement.

The article is devoted to an important and topical issue, that is the essence of legal responsibility as a structural element of the legal status of foreigners and stateless persons. It is noted that the concept of “responsibility” is used by many branches of scientific knowledge, which imbue it with a peculiar meaning determined by their subject. In a broad sense, responsibility is a special relationship between human actions (people, institutions), intentions, as well as evaluations of these actions by other people or society. It has been proven that social responsibility depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. Social and legal responsibility are related as a genus and species. The issue of responsibility is relevant not only for the theory of law, but also for all branches of science, as it is essential for understanding the essence and role of the legal status of a person in general and of a foreigner and stateless person in particular. Three key approaches to the interpretation of the concept of “legal responsibility” are analyzed, namely: retrospective, positive and two-aspect. According to the first, legal responsibility is the legal obligation of the offender to suffer adverse consequences determined by the state for the illegal act committed by him or her. According to the second, legal responsibility is lawful behavior, the obligation to comply with prohibitions, the fulfillment of positive duties, as well as the permissions granted and guaranteed by the state for the exercise of subjective rights, the use of state incentives, recognition. The third approach assumes that retrospective legal responsibility results from a breach of positive legal responsibility.