Modern perspectives of the criminal science on the normative regulation of migration processes (the case study of the legislation of the Russian Federation)

Abstract

The research object is the migration processes not only causing problems with law enforcement, connected with the investigation and solution of crimes committed by foreign citizens, but also require legislative and theoretical interpretation of particular provisions of legal acts. The research subject is the modern view of the criminal science on the legal regulation of migration processes (based on the case study of the legislation of the Russian Federation). Special attention is given to the purpose of the research which is the necessity to define and study the collision aspects in the field of migration legislation determining the need for the formation of a forensic technique of the investigation of crimes committed by foreign citizens. The author arrives at the following conclusions: the comprehensive analysis of the legal fundamentals of migration legislation helps to find out that practically each legal source contains the gaps not regulated by the legislation and requiring a detailed approach to the reconsideration, amending, or cancelation of the latter; no legal act contains the definition “illegal migration”; the proven lack of the category “migration safety” in the migration legislation, which is becoming more and more required year by year not only from the viewpoint of law enforcement, but in some collision aspects on the part of a legislator; the study of the sign of illegality in terms of its detection by means of a similar idea of an unresolved case. The special contribution of the author is the attempt to consider the author’s position on the category “crimes committed by foreign citizens” from the viewpoint of the criminal science. The author points at the importance and acceptance of the introduction of a new method - information frame modeling  which consists in in-depth development of particular structures, i.e. information is presented in basic standard processes and actions typical for a particular research subject area. The scientific novelty of the research consists in the author’s interpretation of the definition of “crimes committed by foreign citizens” and formulation of the categories of “migration safety”, “unresolved case” and “organization of illegal residency in the Russian Federation”.