On the issue of not allowing foreigners to enter the Russian Federation
Автор: Smashnikova T.B.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Публично-правовые (государственно-правовые) науки
Статья в выпуске: 3 т.23, 2023 года.
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The features of legal terminology and existing legal mechanisms for applying restrictions on entry into the Russian Federation to foreign citizens and stateless persons are studied. It was revealed that the migration legislation of the Russian Federation does not establish uniform rules for the application of state coercive measures against foreign citizens and stateless persons in the form of non-permission to enter the territory of Russia. The author comes to the conclusion that for various actions (inaction) of foreign citizens and stateless persons, both representing an immediate danger to Russian society and the state, and as a result of committing administrative offenses, state bodies apply similar measures of restriction. The author believes that it is necessary to differentiate state influence, to introduce a clear legal regulation of the application of entry bans to the Russian Federation for foreigners, based solely on court decisions. The application of restrictive measures on entry into Russia to foreigners should be carried out exclusively or in accordance with the procedures established by the Code of Administrative Offenses of the Russian Federation, or the Code of Administrative Procedure of the Russian Federation. In accordance with the fact that the Constitution of the Russian Federation allows the restriction of the rights and freedoms of foreign citizens and stateless persons by federal law, the author believes that all cases of undesirability of the stay of foreigners in Russia, all acts committed by them that fall under further restriction of entry into Russia, as well as the mechanism for preparing and making decisions on non-permission of entry of foreign citizens and stateless persons into the territory of the Russian Federation should be fixed by a separate federal law "On non-permission of entry into the Russian Federation of foreign citizens and stateless persons". The article concludes that it is necessary at the legislative level to adopt specific, direct-acting rules of law that establish rules for restricting the rights of foreigners to enter the Russian Federation.
Freedom of movement, prohibition of entry, non-permission of entry, decision on non-permission of entry, administrative ban on entry, administrative offense, migration legislation
Короткий адрес: https://sciup.org/147241273
IDR: 147241273 | DOI: 10.14529/law230314