Abstract
The globalization of world economic relations, political instability and different levels of economic development in different countries predetermine a significant flow of migrants. The problem of illegal migration and application of measures of legal responsibility against migration legislation violators concerns most countries of the world. At the same time, applying such a sanction as expulsion, a number of states, including the Russian Federation, come into conflict with the legal positions of the European Court of Human Rights (hereinafter the ECHR) regarding expulsion of stateless persons and foreigners. The administrative expulsion, unfortunately, has not undergone any significant changes in the digital age, although the urgent need for such reform is obvious. It is emphasized in the legal positions of the ECHR that decisions on expulsion must be justified by pressing social necessity and they must correspond to a legitimate aim, since they may violate the right to respect the private and family life. It is necessary to take into account the legal positions of the ECHR in the framework of proceedings on expulsion and adhere to the principle of individualization of responsibility for an administrative offense, with taking into account the specific circumstances in each specific case.
Highlights
The migration policy of the Russian Federation is constantly undergoing reforms
Within the meaning of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms [5], which entered into force for Russia on May 5, 1998, and the Convention on the Rights of the Child [6], which entered into force for the USSR and for its legal successor, the Russian Federation, on 15 September 1990, and in view of their application by the European Court of Human Rights, the expulsion of a foreign citizen or a stateless person outside the Russian Federation, entailing an interference with the right to respect for private and family life, shall be allowed only in cases where it is necessary in a democratic society and in proportion to public law goals
Russia (Application no. 32737/16) [14], the gist of which was that the applicant complained that his expulsion from the Russian Federation, with an eight-year re-entry ban, violated his right for the family life, The European Court decided unanimously that the Russian Government had violated the requirement of Article 8 of the Convention in that case
Summary
In the policy formation, much attention is paid to regulation of processes related to the illegal stay of a foreign citizen on the territory of the Russian Federation, as well as to prevention of offenses committed by migrants. It is due to the fact that number of foreign citizens on the territory of the Russian Federation is growing rapidly, mainly due to the tense situation in the world. Caused by such factors, migration processes are becoming a negative phenomenon and a threat to the socio-economic and political development of states. It seems that the migration policy in the context of a modern information society can become more effective through the use of modern digital technologies within the framework of the regulation of migration activities, which will allow to more effectively implement state policy in this area
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