Criminal and criminological characteristics of illegal migration

Migration processes influence the Russian present-day reality in many ways.On the one hand, migration allows smoothing the consequences of the demographic crisis, on the other hand, it appears to be anextremely negative factor, worsening the crime situation. Crime growth is directly proportional to the illegal migration of population.Experts estimate that in the nearest future the level of migration will come to 10 million people a year. The main reason for the existenceof illegal migration is the disparity of economic development of states. Among the factors influencing the migration from CIS countriesare a high level of poverty in some CIS countries, the extent and unsettled state borders between Russia and former Soviet Republics,the presence of diasporas of many states in Russia, the criminalization of our society and a high level of corruption. Illegal migration onthe territory of Russia is frequently used for illegal commercial activities, for unlawful acts with drugs, weapon, currency and for othercrimes. Illegal migration broadens the possibilities for the organized criminal groups, international terroristic and extremistorganizations, increases the threat to the national security of the state of residence. The efficiency of Article 322.1 of the Criminal Codeof the Russian Federation, which imposes criminal liability for the organization of illegal migration, is insignificant. We can supposethat the corpus delicti under analysis is not a successful legislative construction and it needs some improvement. As criminal liability forthe organization of illegal migration is a kind of responsibility that works in the sphere of social relations in the field of state securitythen this specified responsibility should be interpreted as the liability for crimes against national security and this legal rule should betransferred from Chapter 32 of the Criminal Code (''Crimes against the order of administration'') into Chapter 29 of the Criminal Code(''Crimes against the foundations of the constitutional order and national security''). Moreover, it is essential to work out a cleardefinition of ''illegal migration''. The objective aspect of a corpus delicti under Article 322.1 of the Criminal Code of the RF as acomplex structure, including a number of independent (alternative) acts, each of which separately and all of them taken together form asingle, complete crime. The acts listed in a disposition by reference to their content can be characterized by the concept ''immigration''.Subjective characteristics of the organization of illegal migration, consolidated in Article 322.1 of the Criminal Code of the RussianFederation are highly controversial. The development of criminal legislation in the sphere of counteracting illegal migration should beaimed at eliminating the gaps within legal regulation in this field of activity.

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