Open AccessOrganization of Illegal Migration (Art. 322.1 of the Criminal Code of the Russian Federation): Legislative Technique and Law Enforcement Issues
Author(s) -
Nina Yu. Skripchenko,
AUTHOR_ID
Publication year - 2021
Publication title -
migracionnoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2071-1182
DOI - 10.18572/2071-1182-2021-1-33-35
Subject(s) - criminal code , criminalization , russian federation , legislature , law , political science , law enforcement , enforcement , code (set theory) , norm (philosophy) , legislation , criminal law , criminology , business , sociology , computer science , programming language , set (abstract data type) , economic policy
The legal analysis carried out shows that Art. 3221 of the Criminal Code of the Russian Federation essentially describes actions not to organize, but to facilitate illegal migration. The blurring of the boundaries between criminal (Art. 3221 of the Criminal Code of the Russian Federation) and administratively punishable (Part 3, Art. 18.9 of the Code of Administrative Offenses of the Russian Federation) leads to the fact that under similar actual circumstances the actions of the perpetrators are given a different legal assessment. The implementation of the new norm in practice not only revealed the flaws in the legislative structure, but also called into question the validity of the criminalization of actions related to the organization of illegal migration.