Migration in any country reflects the economic processes taking place within the state. The increase in the number of migrants fleeing the country is an additional confirmation of instability, economic recession and social insecurity. The organization of illegal migration is not only assistance to those who want to leave our country forever, but also the movement of people who want to find work or seek political asylum, human trafficking. According to various estimates, about 130 million people who illegally left the country and are currently abroad the Russian Federation. This situation is not only in Russia. Illegal migration has taken on a global scale. At the same time, illegal movement in the opposite direction of the border, that is, entry into our country, also has enormous proportions.
What does the organization of illegal migration lead to?
Illegal migration is more of a social problem. An uncontrolled process leads to social tension, an increase in crime and unofficial employment. As a result, there is no necessary amount of tax deductions to the budget. And this, in turn, entails a decrease in the pension, medical and social protection of citizens of the country. Corruption is also a consequence of the organization of illegal migration, as migrants try to obtain legal rights to live in the country, "stimulating" officials to illegal actions.
Crime and Punishment
The organization of illegal migration under the Criminal Code of the Russian Federation is prosecuted by law:
- Art. 159 of the Criminal Code. For fraud, persons who provide illegal migration services or mislead their clients may be brought in, make promises, knowing in advance that they will not be executed, and take substantial fees for their actions.
- Art. 322. The organization of illegal migration entails punishment most often under this article. Responsibility is provided for facilitating the illegal entry and stay on the territory of our country.
- Art. 327. Assumes responsibility for the falsification of documents, for example a work permit or a migration card.
For illegal transit and stay of migrants on the territory of our country, a fine of 300 thousand rubles is provided, or in the amount of remuneration of labor, other income of the offender in recent months, but not more than 18. Also, the offender may be required to perform mandatory work up to 420 hours, to correctional - up to 24 months. In more severe cases, 36 months of forced labor may be assigned with or without restriction of liberty. In especially serious cases, the offender may be imprisoned for up to 5 years.
Object and subject of crime
In accordance with the Criminal Code of the Russian Federation, the organization of illegal migration is assistance in violating the established border crossing procedure or the legal rules for staying in the country.
The objective side of the crime consists of acts:
- organization of entry;
- illegal stay;
- illegal transit.
All these acts must be committed against stateless persons or foreign citizens.
Foreign citizens are persons who are able to confirm citizenship of another state. Stateless persons - not able to confirm belonging to any country.
In this case, the subjective side is the fault, characterized by direct intent. The subject of a crime may be a person who has reached 16 years of age.
Sources that may provide information on illegal migration
Law enforcement agencies can receive information on illegal migration from open sources, through advertisements. Information can be obtained from embassy staff and representatives of companies organizing employment abroad, enterprises involved in promoting registration and registration. In the administrations of construction sites, you can get relevant information.
The list of sources is not exhaustive, however, to confirm the organization of illegal migration to the Russian Federation, only they will not be enough. Each fact must be documented so that such information could not be refuted in court. Proof of the fact of entry, stay or transit.
Due to the peculiarities of criminal proceedings, the main thing is that all operational information and physical evidence should be obtained legally. To this end, officers of the operational investigative service should observe a number of conditions in the procedure for assessing facts and ways of seizing them. In addition, all the information received should allow the formation of an evidence base.
The organization of illegal migration is a problem not only for our state. In light of this, cooperation has been established between law enforcement agencies of different states, the purpose of which is to prevent illegal border crossing. The activity is regulated by international acts. There are acts of bilateral and multilateral cooperation.
The general concept of cooperation consists of:
- clearly regulated extradition procedures;
- assistance in organizing a survey of witnesses, conducting a search or in obtaining other evidence of a violation of criminal law;
- satisfaction of inquiries and petitions;
- operational assistance, interception plans and official deliveries.
The above gives an understanding that the organization of illegal migration is the development of ways to illegally cross the border. The operational services in this case should, first of all, look for people who wish to migrate illegally, establish contacts with the organizers and only then can such acts be proved and, as a result, punished the organizers of the crime.