Administrative Expultion of an Illegal Migrant and Judicial Discretion

Abstract

Using the example of the administrative prosecution of illegal migration, the article examines the inconsistency of the actions of the legislative, executive and judicial authorities. Its consequence is both the avoidance of migrants from administrative responsibility, and the transformation of administrative expulsion into the imprisonment for an uncertain period. Author expresses disagreement with the legislative trend to narrow the limits of judicial discretion and draws attention to the need to consolidate the efforts of all branches of Russian government, taking into account the current international political situation. In this regard, the expediency of adjusting the legislative approach to judicial proceedings in cases of administrative offenses is emphasized. Instead of limiting the discretion of the court, it is necessary to provide the court with a sufficient arsenal of administrative punishment and the authority to impose additional legal duties, in order to optimally individualize punishment.