Значение стандартов ООН в области миграции в дальнейшем совершенствовании судебного рассмотрения дел о правонарушениях в миграционной сфере

Abstract

In the scientific and research article, the author considers and analyzes the importance of United Nations Migration Standards in further improving the judicial consideration of migration offenses. In accordance with the Constitution of the Russian Federation, the protection of human and civil rights, well-being and freedoms, recognition, ensuring and observance of these rights and freedoms is the responsibility of the state. Taking into account the UN Migration Standards, judges, when verifying the identity of the migrant, identifying the circumstances that contributed to the commission of the offense, must perform these judicial actions on the basis of the Criminal Procedure Law in a reasonable, fair and humane manner. In the case of detention of a migrant or a member of his family before trial, the judge, in accordance with the UN Migration Standards, should discuss whether there are grounds for informing consular or diplomatic institutions of the migrant's State of origin about the judicial review of the criminal case, as well as the appointment of the person as interpreter and summoning the interpret. The author makes proposals for amendments and additions to the Criminal Procedure Code of the Russian Federation to improve the judicial consideration of criminal cases of migration offenses.