Challenging Decisions on Non-Admission to the Russian Federation: the Practice of Considering Migration Disputes

Abstract

The article examines the problem of the lack of uniform practice of courts of general jurisdiction in the consideration of disputes related to the appeal of decisions taken by the authorized executive authorities on the non-admission of a foreign citizen or a stateless person to the Russian Federation. The purpose of the study is to determine the specifics of the consideration of disputes on appeal of decisions on non-admission, to identify current problems related to the legislative regulation and application of the grounds for making such decisions, as well as to develop proposals for their resolution. The achievement of this goal is realized through the solution of such tasks as the analysis of the national migration legislation, the legal positions of the European Court of Human Rights, the highest judicial bodies of the country, the materials of current administrative and judicial practice, the development of recommendations to ensure the unity of approaches to the resolution of this category of disputes. Research methods: general scientific methods are used: analysis, synthesis, deduction, induction, as well as private scientific methods. Research results: based on the conducted research, a number of theoretical propositions are systematized, judicial errors are analyzed, issues requiring legal solutions are identified, and measures aimed at improving legislation in this area are proposed. It is noted that the establishment of detailed grounds and criteria in the national legislation for the adoption of decisions on non-admission by the authorized bodies will reduce the additional burden on the courts, as well as the risks of non-compliance by Russia with its international obligations, will contribute to a uniform law enforcement practice, the full implementation of the rights and freedoms of foreign citizens and stateless persons, and reduce the number of violations of migration legislation.