Open AccessCriminal Liability for Organization of Illegal Migration
Author(s) -
Maria V. Talan,
Ildar Begishev,
Tatyana Gennadievna Zhukova,
Diana Bersei,
Р. Р. Мусина,
Байрамкулов Аскер Магометович
Publication year - 2021
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.3968.37
Subject(s) - criminalization , political science , criminal law , criminology , commission , state (computer science) , population , organised crime , liability , criminal liability , business , law , sociology , demography , algorithm , computer science
The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.