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 an aid to those who wish to leave our territory forever, but also the movement of people who want to find work or seeking political asylum, human trafficking. According to various estimates, about 130 million people who illegally left the country and who are currently abroad overseas of the Russian Federation. This situation is not only in Russia. Illegal migration has taken on a world scale. At the same time, illegal transfer to the other side of the border, that is, entry into our country, is also of enormous proportions.
What is the organization of illegal migration
Illegal migration is more of a social problem. An uncontrolled process leads to social tensions, an increase in the number of crimes and informal employment. As a consequence, there is no necessary amount of tax deductions to the budget. And this, in turn, entails a reduction in the pension, medical and social security of the citizens of the country. Corruption is also a consequence of the organization of illegal migration, as migrants try to obtain legal rights to reside in the country, "encouraging" officials to take illegal actions.
Crime and Punishment
The organization of illegal migration under the Criminal Code is punishable by law:
- Art. 159 CC. For fraud can be involved persons who provide illegal migration services or mislead their customers, make promises, knowing in advance that they will not be executed, and for their actions they take solid fees.
- Art. 322. The organization of illegal migration is punished most often by this article. Responsibility is provided for facilitating illegal entry and stay on the territory of our country.
- Art. 327. Assumes responsibility for forgery of documents, for example work permits or migration cards.
For illegal transit and stay of migrants on the territory of our country, a fine of 300 thousand rubles or in the amount of labor remuneration, other income of the offender for the last months, but not more than 18, is provided. Also the offender may be obliged to perform compulsory work up to 420 hours, to correctional - up to 24 months. In more serious cases, forced labor may be imposed for 36 months with simultaneous restriction of freedom or without such punishment. 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 violation of the established order of crossing the border or the lawful rules of staying in the country.
The objective side of the commission of a crime consists of acts:
- organization of entry;
- illegal stay;
- illegal transit passage.
All these acts must be committed against stateless persons or foreign nationals.
Foreign citizens are persons who are able to confirm the citizenship of another state. Persons without citizenship - unable to confirm belonging to any country.
In this case, the subjective side is a fault characterized by direct intent. The subject of the crime may be a person who has reached the age of 16.
Sources that can provide information on illegal migration
Law enforcement authorities can receive information about illegal migration from open sources, through advertisements. Information can be obtained from employees of embassies and representatives of firms for the organization of employment abroad, enterprises involved in facilitating the receipt of registration and registration. In the administration of construction sites, you can get relevant information.
The list of sources is not exhaustive, but only to confirm the organization of illegal migration to Russia. Every fact must be documented so that such information can not be denied in court. The fact of entry, stay or transit is subject to proving.
Because of the specifics of criminal proceedings, the main thing is that all operative information and material evidence should be obtained legally. To this end, the employees of the operative-search service should observe a number of conditions in the procedure for assessing the facts and the ways of their withdrawal. In addition, all the information obtained should allow the formation of evidence base.
The organization of illegal migration is a problem not only for our state. In the light of this, law enforcement agencies of different states have established cooperation aimed at preventing illegal crossing of borders. The activity is regulated by acts of international level. There are acts of cooperation between the bilateral and multilateral order.
The general concept of cooperation consists of:
- a well-defined procedure for extradition;
- assistance in organizing a questioning of witnesses, conducting a search or in obtaining other evidence of violation of criminal law;
- satisfaction of requests and motions;
- operational assistance, interception plans and official deliveries.
The foregoing provides an understanding that the organization of illegal migration is the development of ways to illegally cross the border. Operational services in this case should, first of all, search for persons who wish to migrate illegally, establish contacts with organizers and only then such acts will be possible to prove and, as a result, punish the organizers of the crime.