Reference:
Paukova Y.V..
On the issue of the application of administrative expulsion, deportation and readmission of foreign citizens
// NB: Administrative Law and Administration Practice. – 2022. – ¹ 2.
– P. 38-50.
DOI: 10.7256/2306-9945.2022.2.38235.
DOI: 10.7256/2306-9945.2022.2.38235
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Abstract: The article discusses one of the ways to counter illegal migration – the removal of foreign citizens and stateless persons from the territory of the country through the use of administrative expulsion from the Russian Federation, deportation and readmission. The subject is the consideration of the grounds for administrative expulsion, deportation and readmission from Russia to foreign citizens. The purpose of this article is to develop proposals for improving the grounds for the application of the considered types of removal of foreigners from the territory of the country. The methodological basis of the study is a combination of such research methods as formal-logical, comparison, system and complex analysis. Also, formal legal and comparative legal methods were used when writing the work. The reasons for the appointment of administrative expulsion (in the form of controlled self-departure and forced controlled movement across the State border of the Russian Federation), deportation and readmission of foreign citizens from Russia are analyzed. The results of the work can be used in the legislative activity of state bodies. The scientific novelty of the research lies in the author's vision of changing the grounds for making decisions on the removal of foreign citizens from the territory of Russia.
The author comes to the conclusion that it is necessary to correct the cases of self-departure and forced displacement of migrants when appointing administrative expulsion, to change the grounds for deportation, establishing its application to persons who have served a sentence for committing an intentional crime against life, health or public safety or who did not fulfill the decision on the undesirability of stay (residence) in Russia within the prescribed period, and also, to carry out the readmission of persons subject to administrative expulsion or deportation if it is necessary to establish their identity and citizenship or transfer them to the competent authorities of a foreign state.
Keywords: undesirability of stay, non-authorization of entry, administrative coercion, illegal migration, migration, a stateless person, foreign citizen, readmission, administrative expulsion, deportation
References:
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Bezrukov, A.V., Nevirko, D.D. (2021). The main directions of reforming modern migration legislation in Russia (based on the materials of the draft law on the legal status of foreign citizens). Migration Law, 3, 7-11.
Kapranova, Iu.V., Osyak, A.N. (2016). Constitutional dimension of the institution of administrative expulsion. In: Regulation of migration processes in the South of Russia: political, legal and law enforcement aspects: collection of articles. mater. All-Russian scientific-theor. Conf (pp. 195-199). Rostov on Don.
Paukova, Iu.V., Popov, K.V. (2021). Digital transformation of the procedure for bringing foreign citizens to administrative responsibility. Legal Research, 8, 84 – 97. doi: 10.25136/2409-7136.2021.8.34955
Paukova, I