The criminal and legal significance of formal and essential signs of illegal migration

The main aim of the work is to determine the formal and essential signs of illegal migration, which are the methodological basis for a direct counteraction to this negative phenomenon of modern reality. On the basis of the analysis of normative acts of national and supranational legislation, project documents and various scientific points of view through the use of logical, dogmatic and other methods of scientific knowledge, the author's position on the definition of formal and essential features of illegal migration, its correlation with the concepts “uncontrolled” and “criminal” migration is formulated. Despite the close attention of the state to the problem of combating illegal migration, which is one of the main threats to the national security today, there is no legal definition of it in the Russian Federation. The author believes that the legal definition of illegal migration as a social and legal phenomenon should form the basis of the regulatory framework for combating illegal migration. Only this definition can be the conceptual basis of the system of counteraction to it. It determines the set of legal and organizational tools to control and regulate migration processes. According to the results of the study, the concepts “migration control”, as a function of the state, and “migration regime”, as a tool of modern migration policy, are introduced into scientific discourse. The following conclusions are formulated. (1) Illegal migration should be understood as migration in violation of the legislation of the Russian Federation on the entry, stay (residence) and transit through the territory of the Russian Federation of foreign citizens and stateless persons. (2) The main means of criminal-legal counteraction to illegal migration are criminal encroachments provided for by Art. 322, Art. 322.1, Art. 322.2, Art. 322.3 of the Criminal Code of the Russian Federation. They are the rules of direct counteraction to illegal migration: their criminal and political orientation is to ensure migration control over the implementation of the requirements of migration legislation on the entry, stay (residence) or transit of foreign citizens and stateless persons. Violation of these requirements reflects the essence of illegal migration, which consists in uncontrolled movement across the state border of the Russian Federation, intra-state movement as well as stay (residence) of these persons in the territory of the state, which poses a threat to its national interests. (3) There are no criminal and political grounds for criminalizing the fictitious registration of a citizen of the Russian Federation at the place of stay or residence in a residential building in the Russian Federation. The fight against this kind of violation may well be implemented through administrative measures.

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