COUNTERACTING ILLEGAL MIGRATION IN THE RUSSIAN FEDERATION

2015 ◽  
Keyword(s):  
Russian Federation ◽  
Illegal Migration ◽  
The Russian Federation

scholarly journals Modern Problems of Establishing and Implementing Criminal Liability for Illegal Migration Crimes

2021 ◽  
Vol 15 (3) ◽  
pp. 341-351
Author(s):  
Vladimir Taranenko ◽  
Stanislav Kharitonov ◽  
Maria Reshnyak ◽  
Sergey Borisov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Regulatory Compliance ◽  
Place Of Residence ◽  
Illegal Migration ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.

scholarly journals Modern perspectives of the criminal science on the normative regulation of migration processes (the case study of the legislation of the Russian Federation)

2021 ◽  
pp. 34-53
Author(s):  
Anastasiya Aleksandrovna Ageeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Subject Area ◽  
Theoretical Interpretation ◽  
Research Subject ◽  
Illegal Migration ◽  
The Russian Federation ◽  
Definition Of

The research object is the migration processes not only causing problems with law enforcement, connected with the investigation and solution of crimes committed by foreign citizens, but also require legislative and theoretical interpretation of particular provisions of legal acts. The research subject is the modern view of the criminal science on the legal regulation of migration processes (based on the case study of the legislation of the Russian Federation). Special attention is given to the purpose of the research which is the necessity to define and study the collision aspects in the field of migration legislation determining the need for the formation of a forensic technique of the investigation of crimes committed by foreign citizens. The author arrives at the following conclusions: the comprehensive analysis of the legal fundamentals of migration legislation helps to find out that practically each legal source contains the gaps not regulated by the legislation and requiring a detailed approach to the reconsideration, amending, or cancelation of the latter; no legal act contains the definition “illegal migration”; the proven lack of the category “migration safety” in the migration legislation, which is becoming more and more required year by year not only from the viewpoint of law enforcement, but in some collision aspects on the part of a legislator; the study of the sign of illegality in terms of its detection by means of a similar idea of an unresolved case. The special contribution of the author is the attempt to consider the author’s position on the category “crimes committed by foreign citizens” from the viewpoint of the criminal science. The author points at the importance and acceptance of the introduction of a new method - information frame modeling  which consists in in-depth development of particular structures, i.e. information is presented in basic standard processes and actions typical for a particular research subject area. The scientific novelty of the research consists in the author’s interpretation of the definition of “crimes committed by foreign citizens” and formulation of the categories of “migration safety”, “unresolved case” and “organization of illegal residency in the Russian Federation”.   

scholarly journals Management of migration processes in the Russian Federation: analysis and prospects

Upravlenie ◽  
2019 ◽  
Vol 7 (1) ◽  
pp. 5-12 ◽  
Author(s):  
Vladimir Volokh ◽  
Irina Gerasimova
Keyword(s):  
Labor Market ◽  
Russian Federation ◽  
Migration Policy ◽  
The State ◽  
Foreign Workers ◽  
International Treaties ◽  
Illegal Migration ◽  
Demographic Development ◽  
Economic Trends ◽  
The Russian Federation

The article analyzes the migration situation taking into account the social and economic development of the Russian Federation. The statistical data on labor migration, illegal migration, as well as indicators of demographic development and the labor market have been adduced. The forecast of changing the demographic situation has been considered. The main trends in the distribution of foreign workers taking into account the professional-qualification structure have been revealed. The authors stated the growing role of migration in the formation of labor potential and its placement in the country’s territory. The main legal instrument in the sphere of migration, according to authors, is the Concept of the State Migration Policy of the Russian Federation for the period 2019-2025, approved by the President of the Russian Federation, which defines the goals, principles, tasks, main directions and mechanisms for implementing the state migration policy of the Russian Federation. The implementation of the Concept activities will improve the migration legislation, using labor market tools related to determining the needs of the Russian economy for foreign workers, simplifying the entry, exit and stay of qualified foreign specialists, entrepreneurs and investors, and the development of educational and academic migration. Improving the mechanisms for foreign citizens to work on the basis of patents from Russian individuals, to facilitate the territorial mobility of Russian citizens are important aspects of the state migration policy. First of all, economic trends in the management of the state migration policy should be aimed at a balanced distribution of labor resources in the territory of the Russian Federation. Special attention has been paid to the international cooperation in the migration field. Attention has been paid to international treaties, aimed at the implementation of labor activity of migrants, the suppression of illegal migration, as well as international treaties on readmission. The prospects of effective management of migration processes in the Russian Federation on the basis of interaction of various levels of power have been determined.

scholarly journals Actual Problems of Human Trafficking and Illegal Migration in the Russian Federation

2015 ◽  
Author(s):  
Sergey V. Ryazantsev ◽  
Irina S. Karabulatova ◽  
Roman V. Mashin ◽  
Elena E. Pismennaya ◽  
Svetlana Yu. Sivoplyasova
Keyword(s):  
Human Trafficking ◽  
Russian Federation ◽  
Illegal Migration ◽  
The Russian Federation

scholarly journals Legal Basis for the Performance of International Obligations on Readmission in the Russian Federationand the Republic of Finla

2019 ◽  
Vol 6 (1) ◽  
pp. 126-131
Author(s):  
Vladimir Alekseevich Jilkine
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Status ◽  
High Efficiency ◽  
Migration Policy ◽  
The European Union ◽  
Illegal Migration ◽  
International Obligations ◽  
The Russian Federation ◽  
The Republic

Readmission agreements are international obligations affecting substantially the rights and freedoms of individuals and citizens. The increase in the number of victims of terrorist acts and the flow of migrants to Europe have revealed the urgent need to build a new migration policy common for the whole of Europe and to strengthen the counter- terrorism cooperation of intelligence services, including between Western countries and Russia, along with realization of international commitments on readmission. The act of signing the Readmission agreement as well as the executive protocol on the order of implementation of this agreement by the Russian Federation and the European Community has become a significant step in developing the mechanisms to counteract illegal migration. The sources used in the article include the fundamental legal documents in the sphere of securing human rights, the decisions of the European Court of Human Rights, the European Union directives, the national legislative acts of the Russian Federation and Finland, the readmission agreements and executive protocols. The article highlights the legal and conceptual aspects of the readmission institute and the relevant international agreements. The author has undertaken the analysis of the Russian and Finnish legislation on readmission, has suggested recommendations for further improvement of the regulatory legal and organizational framework in this area for efficient implementation of readmission agreements concluded by the Russian Federation and the Republic of Finland, and at the same time, on the measures to respect human rights. Readmission, from the point of view of international practice, is only a technical mechanism used in realization of a decision to forcibly deport a foreign citizen or stateless person from the territory of a state. The world practice of combating illegal migration has shown high efficiency of readmission agreements making possible to deport migrants with unsettled legal status to the states of their citizenship or permanent residence within a limited time.

scholarly journals Importance of the Internet in Illegal Migration and Migration Crimes Determination

2020 ◽  
Vol 1 (12) ◽  
pp. 114-122
Author(s):  
V. S. Solovyev ◽  
M. N. Urda
Keyword(s):  
Russian Federation ◽  
Integrated Approach ◽  
Virtual Space ◽  
Telecommunication Networks ◽  
Global Network ◽  
The Internet ◽  
Illegal Migration ◽  
The Media ◽  
The Russian Federation ◽  
Use Of The Internet

The purpose of the paper is to identify the correlation between illegal migration, migration crimes and the use of the Internet resources. The content analysis of advertising sites, social networks in combination with other research methods has revealed that in the virtual space there is both active promotion of services facilitating illegal migration and a wide demand for them. Based on the results of the study, the authors develop the following proposals for improving measures to combat illegal migration in the global network. 1. A strategic direction for countering illegal migration should be the adjustment of the state’s migration policy through the establishment of a correlation between this phenomenon and the use of modern information and telecommunication technologies aiming at organizing and developing a criminal business providing illegal entry, stay (residence) services, fictitious registration, and registration on migration registration, etc. 2. The counteraction to illegal migration in cyberspace should be implemented through an integrated approach. From the perspective of criminal law, it is necessary to add the element “using the media or information and telecommunication networks (including the Internet)” into Part 2 of Art. 322.1 of the Criminal Code of the Russian Federation, which provides for liability for the crime elements of the organization of illegal migration. From the perspective of criminology it is important to identify and record the real conditionality of the development of illegal migration, migration crimes and the use of the Internet to commit them; to improve statistical reporting on crime by including information on the organization of illegal migration committed via the media or information and telecommunication networks (including the Internet) in the report of the State Automated Police Center of the Ministry of Internal Affairs of the Russian Federation on crimes committed in the field of telecommunication and computer information.

scholarly journals The Analysis of Key Provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.07.2020 No. 18 “On Judicial Practice in Cases of Illegal Crossing of the State Border of the Russian Federation and Crimes Related to Illegal Migration”

2020 ◽  
pp. 076-083
Author(s):  
P. A. Akimenko ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Illegal Migration ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Uniform Law ◽  
The Russian Federation ◽  
Criminal Legislation

The norms introduced at different times into Russian criminal legislation and enshrined in Articles 322, 3221, 3222 and 3223 of the Criminal Code of the Russian Federation have a number of legal defects, resulting in a controversial practice that has generated a lot of debate in the scientific community regarding this research issue. There was a need to accumulate and analyze the existing judicial practice, taking into account advanced scientific views. As a result, the Plenum of the Supreme Court of the Russian Federation issued a Resolution aimed at regulating criminal liability for violations of migration legislation. After that, the author of the article conducts a detailed analysis of the said judicial act and on this basis draws conclusions about the set of positive and negative aspects contained in it in order to help create a uniform law enforcement practice.

Sign in / Sign up

Export Citation Format

Share Document