Принятие решения о нежелательности пребывания (проживания) иностранного гражданина или лица без гражданства в Российской Федерации как административно-предупредительная мера, применяемая при обеспечении миграционной безопасности Российской Федерации

Abstract

Тhe article notes the meaning of administrative and preventive measures in the field of migration. The author’s definition of administrative and preventive measures aimed at ensuring migration security is formulated. The decision-making on the undesirability of the stay (residence) of a foreign citizen or a stateless person in the Russian Federation as a comprehensive measure affecting the provision of migration security of the Russian Federation is analyzed. The role of federal executive authorities in the application of this preventive measure in the field of migration (Rospotrebnadzor, Federal Medical and Biological Agency (FMBA), FSIN, etc.), as well as their officials is reflected. The decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and other federal courts of general jurisdiction on the application of measures of state coercion against foreigners are used in this work. It is concluded that the decision on the undesirability of stay (residence, as a measure of administrative warning is applied not in connection with the administrative offense committed and not in relation to the offender, but in connection with the circumstances of the present time, entailing the emergence of a real or potential threat to migration security and the safety of life, health of citizens, in order to prevent violations of the law and causing possible harm.