Criminal law and criminology bases for combating crimes in illegal migration
The indicators of illegal migration in Russia are highnowadays. This state of affairs is connected with a number of factors, which include a complicated demographic situation, a specificsocial and economic life in the Russian society, the migration policy of our state and active involvement of Russia in the worldmigration exchange. The complex of criminally legal and criminalistic measures of preventing crimes can serve as means ofcounteraction against illegal migration. Statistics indicate that a criminally legal mechanism of counteracting illegal migration does notwork properly. Experts estimate that there are about 10.2 million migrants in the Russian Federation who have no settled legal status, i.e.have no legal grounds to live and work on the territory of the Russian Federation. Despite the mass concentration of migrants in someregions, invited by their developed economy, various opportunities for labour activity and favourable conditions for residence, onlysingle facts of illegal migration are revealed. Therefore, to make prevention of crime in the sphere of illegal migration more effective it'snecessary to clarify the legislative construction of Article 322.I of the Criminal Code of the Russian Federation. Criminological crimepreventive measures in the sphere of illegal migration also require some new legal support. In this connection it would be reasonable notonly to amend and supplement the legislation, regulating the issues in the sphere of counteracting crimes of immigrants but also tocreate a codified act - the Migration Code of the Russian Federation. Besides, the adoption of the Federal Law ''On immigration in theRussian Federation'', aimed at facilitating the implementation of basic principles and goals of the immigration policy, including thestreamlining of the policy with regard to illegal migration, would be a big step forward. Among the urgent measures of counteractionagainst illegal migration are the unification and rapprochement of the interstate migration legislation, the creation of national andinterstate structures for the purpose of coordinating the efforts in the fight against illegal migration. It is necessary to developfundamental research into social-economic, legal and psychological foundations of regulating migration processes, to conductmonitoring and scientific prediction of the migration situation in our country. It is reasonable to use the experience of foreign countriesin the sphere of prevention and suppressing the illegal migration, which endangers the national security of the Russian Federation. Thedevelopment of fight against illegal migration by criminally legal and criminological, preventive measures will ultimately contribute tothe decrease of the threat to the national security of the Russian Federation and protect the rights and interests of both Russian citizensand immigrants.
Keywords
незаконная миграция, противодействие, иммиграция, эмиграция, миграционное законодательство, illegal immigration, emigration, immigration legislationAuthors
Name | Organization | |
Larionov Ilya A. | National Research Tomsk State University; Tomsk Regional Court | i.a.larionov@mail.ru |
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