Work Permit for Foreigners: Legal Regulation of the Administrative Procedure in the Czech Republic Cover Image

Дозвіл на роботу для іноземців: правове регулювання адміністративної процедури в Чеській Республіці
Work Permit for Foreigners: Legal Regulation of the Administrative Procedure in the Czech Republic

Author(s): Valeriia O. Riadinska, Olga O. Dmytryk, Nataliia Ya. Iakymchuk
Subject(s): Public Administration, Labor relations, Administrative Law, Labour and Social Security Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: administrative procedure; work permit; employment permit; labor migration; employment of foreigners; public administration; public authorities;

Summary/Abstract: The adoption of the Law of Ukraine No. 2073-IX «On Administrative Procedure» dated February 17, 2022 laid the foundation for the further development of a modern European state. The mentioned Law introduces universal rules of interaction between citizens, businesses and the state. Taking into account the European integration course of Ukraine, various types of administrative procedures require improvement, among which the procedure for granting work permits for foreigners requires special attention, taking into account the positive experience of legal regulation of administrative relations to ensure the right to work for foreigners in European countries. General scientific and special methods of cognition are used to conduct research, formulate specific conclusions and proposals. Dialectical and logical analysis became the main general scientific methods. With the help of the system-structural method, the scientific legal literature was elaborated. The methods of analysis, synthesis, induction, and deduction helped to formulate the conclusions. The comparativist method was used during the study of the domestic and international regulatory framework and the analysis of the positive experience of European countries regarding the legal regulation of administrative relations to ensure the right to work, which could be useful for Ukraine. The administrative procedure for granting a work permit for foreigners in the Czech Republic attracts special attention, therefore, consideration of the legal regulation of this procedure and its stages in the specified country is the goal of our study. The article analyzes the issue of the administrative procedure for issuing a work permit for foreigners. The legal regulation, the stages of the administrative procedure of granting a work permit in the Czech Republic are analyzed. The requirements for obtaining a work permit for foreigners in the Czech Republic are summarized. It is determined that a work permit for foreigners in the Czech Republic can be issued only on the condition that the foreigner is legally staying in the country and is issued a corresponding residence permit. It is determined that a work permit for foreigners in the Czech Republic can be issued only on the condition that the foreigner is legally staying in the country and is issued a corresponding residence permit. It is emphasized that the legal regulation of relations in the field of employment of foreigners in the Czech Republic is regulated by the law, which establishes the legal status of foreigners in this country, a number of other laws, the norms of which in one way or another affect the regulation of this status, and a number of by-laws developed by the relevant ministries and departments entrusted with the functions of directly granting residence and work permits to foreign citizens.

  • Issue Year: 1/2023
  • Issue No: 23
  • Page Range: 116-134
  • Page Count: 19
  • Language: Ukrainian