Užsieniečių teisinės padėties įstatymo realizavimo probleminiai aspektai
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This article investigates the conditions on which foreigners enter the Schengen zone within the framework of the Schengen statute book. The article reviews practical situations occurring at the border crossing on the border of Russian Federation exclave of Kaliningrad when the Schengen legal acts and national legal acts are mutually exclusive or the situation can be interpreted differently. The problem of investigation lies in an invalid itinerary document with a valid visa; moreover, the question of short-term Type C visa recurring with the visa that has a note “Transit” is discussed, as well as the problem for solution for returning on the condition of departing deadline. The conclusions are drawn that it is necessary to fill legal gaps by solving the problems mentioned above while avoiding ambiguous interpretation of legal acts and application of different practices during border crossing because the officer must apply to State Border Guard Service (SBGS) for assertion; however, most of the time SBGS only provides a reference to a principle or directs to the same legal acts when the problem remains unsolved. This becomes an issue of the officer’s discretion since the officer at the border crossing has to make a decision here and now.
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