GAPS AND CONFLICTS IN CRIMINAL LEGISLATION IN THE FIELD OF COMBATING ILLEGAL MIGRATION
Abstract and keywords
Abstract:
The current problems of criminal law counteraction to illegal migration in the Russian Federation are analyzed, gaps and conflicts in the current criminal legislation are identified. The statistical data of recent years are given: despite the tightening of criminal liability, the scale of crimes related to illegal migration remains significant. Based on the analysis of judicial practice and scientific sources, it is shown that the lack of completeness and certainty of the norms lead to a lack of uniformity in their application. The conclusion is made about the need for comprehensive improvement of legislation and law enforcement. The main directions proposed are the clarification of terminology, ensuring cross-industry consistency and the successful operation of the principle of the inevitability of punishment.

Keywords:
illegal migration, migration crimes, fictitious registration, anti-migration, inter-sectoral coordination
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References

1. Akimenko P. A., Osokin R. B. Problems of differentiation of criminal and administrative responsibility for illegal acts in the sphere of migration legal relations // Bulletin of Voronezh State University. Series: Law. 2016. No. 1 (24). P. 277–285.

2. Analytical report on the results of the activities of the migration units of the territorial bodies of the Ministry of Internal Affairs of Russia for January–December 2024 // URL: https://mvd.rf/dejatelnost/statistics/migracionnaya/item/63022223/

3. Analytical report on the results of the activities of the migration units of the territorial bodies of the Ministry of Internal Affairs of Russia for January–September 2025 // URL: https://mvd.rf/dejatelnost/statistics/migracionnaya/item/72315437/

4. Beccaria C. About crimes and punishments / translated from it by Yu. M. Yumashev. M. : International Relations, 2000.

5. Ivanov P. I. On illegal migration (concept, essence and content) // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. 2024. No. 3 (43). P. 135–141.

6. Kaufman M. A. Gaps in criminal law and ways to overcome them: abstract of the diss. ... doctor of legal sciences. M., 2009.

7. Convention on the Status of Refugees (adopted on July 28, 1951 by the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, convened in accordance with General Assembly resolution 429 (V) of December 14, 1950) // URL: https://www.un.org/ru/documents/decl_conv/conventions/refugees.shtml

8. Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2020 No. 18 (as amended on December 23, 2025) «On judicial practice in cases of illegal crossing of the State Border of the Russian Federation and crimes related to illegal migration» // Bulletin of the Supreme Court of the Russian Federation. 2020. No. 9.

9. Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (adopted by General Assembly resolution 55/25 of November 15, 2000) // URL: https://www.un.org/ru/documents/decl_conv/conventions/protocol2.shtml

10. Putin called on the Security Council to stop attempts to involve illegal immigrants in crime // URL: https://nazaccent.ru/content/20075-putin-prizval-sovbez-presekat-popytki-vtyanut

11. Judicial Department at the Supreme Court of the Russian Federation: judicial statistics // URL: https://cdep.ru/?id=79

12. Utorova T. N. Comparative analysis of criminal liability for crimes in the field of migration: abstract of the diss. ... candidate of legal sciences. M., 2019.

13. The number of illegal migrants in Russia has increased by 40 % since the beginning of the year, Russian Interior Minister Vladimir Kolokoltsev said at a meeting of the Board of the Ministry of Migration // URL: https://expert.ru/news/chislo-nelegalnykh-migrantov-v-rf-s-nachala-goda-vozroslo-na-40/

14. The number of people convicted of legalizing migrants in the Russian Federation increased by 27 % in 2023 // URL: https://tass.ru/obschestvo/20611511

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