Evolution of institutional framework focusing on migration and asylum issues in Ukraine since 1991

Abstract

There are all the grounds to concur with the observation that although institutional changes in migration area in Ukraine have been discussed and planned for several years, they are still not in full effect1 . A plethora of research focusing on the institutional mechanisms of migration management in the country2 pinpointed to the notorious tendency of administration for frequent reorganizations of its governmental bodies and their responsibilities in the area of migration. This created challenges to a precise distribution of responsibilities between agencies, especially in what concerns immigration and asylum policies. Such frequent changes have also entailed some confusion with regard to the specification of particular agency/department responsible for some migrants’ detention centers. In early–mid 2000-s this ambiguous situation has spurred a heated debate over the issue of the necessity for the country to have a unified authorized body responsible exclusively for issues of migration policy and management3 . The issue was obtaining even greater prominence in view of the changing migratory status of Ukraine throughout the years of state independence: if in the beginning of economic reforms it was perceived mainly a sending country for its surplus labor force, then after the EU Eastern enlargement in 2004 it started transforming itself into a transit country and was increasingly becoming a receiving country for migrants. Yet, in the absence of a well-defined migration policy and proper infrastructure for migration management, such processes as mass outflows of Ukrainian labour, accompanied by in-flows of aliens into the country, especially those undocumented ones, ambiguity of their status and the use of their labour without formal regulations, can entail the risk of losing control over migration fluxes4 .