IX Международная студенческая научная конференция Студенческий научный форум - 2017

Uncontrolled migration of population has become one of the factors influencing the state of public law and order and public safety. These processes determine the origin of problems of administrative levers application in suppression of undesirable migratory processes. The institution of administrative deportation of foreign citizens and stateless persons takes an important place in this area.

The function of regulating migratory processes in the Russian Federation and providing legal status of foreign citizens and persons without citizenship is entrusted on subdivisions of the Federal migratory service of the Russian Federation.

The analysis of legislation of foreign countries (Germany, USA, France) shows that it is possible to meet different terms, determining the forms of deletion from the country of foreign citizens, such as "banishment", "eviction", "deportation", "force deportation" et al. The differences in determination of the indicated legal category certainly generate the problems of the right application.

The reason for administrative deportation of a foreign citizen and a stateless person may be: violation of rules of crossing borders; providing false documents or false information; withdrawn convictions for a deliberately committed crime.

The Russian Constitutional Court has determined in its judgment that the use of administrative deportation as an administrative penalty does not testify the exceeded constitutional limits, as well as retreat from the principle of equality.¹

However, the law contains gaps in the regulation of this institution.

The main result of the administrative deportation of a foreign citizen is a pastime or a stateless person outside the Russian Federation. The updated legislation establishes a five-year moratorium on the entry of the person into the territory of the Russian Federation. Consequently, such a citizen is deprived of the opportunity to lay claim for the Russian citizenship.

The corresponding norm in the Federal Law "On procedure of exit from the Russian Federation and Entry into the Russian Federation" is contrary to several provisions of the Administrative Code.

In accordance with Article 4.6 of the Administrative Code² after one year any restrictions for foreign citizens must not tread. But in practice, the exclusion for limits of the Russian Federation of foreign citizens and stateless persons, this term is extended contrary to this article.

The question arises, whether in all cases the application of staying is appropriate and even necessary, as in the case of administrative violations of this category marital status of foreign citizens and stateless persons should be considered in the appointment of an administrative penalty of deportation. A lot of judges do not consider the presence of foreign citizens or stateless persons, in respect of which the proceedings are conducted, minor children, who are not citizens of the Russian Federation.

In our opinion, the use of "severe" administrative punishment for a single violation of formal rules is not always justified, because it limits the constitutional rights of a person. Perhaps the weakening of administrative coercion, and sometimes cancellation of the administrative deportation is necessary in some regions of our country, where the migration situation is average.

Thus, we considered the type of the administrative punishment, aimed at providing the sovereignty and Law Enforcement on the territory of the Russian Federation. One should not forget that foreign citizens have an opportunity to leave the territory of the country, making it easier for themselves thus the degree of difficulties associated with the implementation of the decision on deportation can be low. It is necessary to carry out a number of legislative modifications, basing not only on the scientific works of domestic lawyers, but also the experience of foreign countries.

1 Российская газета.2016.№ 43.

2 Собрание законодательства Российской Федерации . 2002. № 1. Ст. 1.

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