The conceptual framework for the unification of measures for the removal of foreign citizens from the Russian Federation in the context of the expulsion regime

Relevance. The study is devoted to the unification of measures for the removal of illegal or unwanted migrants that are similar in content but have different legal significance. The problem is actualized by the instruction of the President of the Russian Federation dated March 6, 2020 No. Pr-469 on unification of rules, elimination of gaps in legal regulation and development of a unified algorithm of actions for the organization of expulsion of these persons from the Russian Federation; introduction of a new legal regime of expulsion designed to solve these tasks.

The purpose is to scientifically develop the conceptual foundations for the removal of foreign citizens from the Russian Federation as a prerequisite for the systemic transformation of deportation, readmission, administrative expulsion of foreign citizens from the Russian Federation and other similar measures in the context of the relationship with the regime of expulsion.

Objectives: to assess the innovation of the expulsion regime for compliance with modern needs for the unification and systematization of existing measures for the removal of foreign citizens from the Russian Federation; to identify regulatory material to be consolidated; to substantiate the legal nature of these measures, compare them in order to determine the scope of unification, technical and legal problems of their regulatory design; systematization of the conceptual and categorical apparatus.

The research methodology includes dialectical, comparative-legal, formal-logical, systematic, documentary methods, analysis, synthesis. The results are theoretical and applied. The expulsion regime was subjected to a critical analysis; the existing measures of eventual and real coercion to remove illegal or unwanted migrants from the Russian Federation were reviewed; proposals for systematization and unification of these measures were developed and scientifically substantiated.

Conclusions. The new expulsion regime does not solve the problem posed by the President of the Russian Federation, in fact, it boils down to creating a register of controlled persons "who are in the Russian Federation and do not have legal grounds to stay (reside) in the Russian Federation." This blurs the concept of "expulsion" and contradicts its essence. The authors have formulated the conceptual framework for the unification of relevant measures under the new expulsion regime, eliminating existing gaps and contradictions.

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