Public danger fictitious migration registration foreign citizens or stateless persons

In connection with the intersect oral competition of the norms provided for in Articles and 322.3 of the Criminal Code of the Russian Federation and Article 19.27 of the Code of Administrative Offenses of the Russian Federation, the qualification of fictitious migration registration of foreign citizens and stateless persons in the Russian Federation, it remains a problematic issue. As a criterion for distinguishing similar elements of crimes and administrative offenses, it is proposed to assess the nature and degree of public danger of fictitious migration registration at the place of stay and registration at the place of residence of foreign citizens and persons without citizenship in the Russian Federation and providing false information when carrying out migration registration. The nature of the public danger of fictitious migration registration of foreign citizens and stateless persons is assessed from the standpoint of public relations protected by criminal and administrative law, and the degree of - by analyzing the correlation between the concepts of «fictitious migration registration» and «illegal migration», the legal meaning of criminalizing these acts in the presence of an incentive norm provided for by criminal law, taking into account the peculiarities of regulating the legal situation of migrants in the Russian Federation during the period of temporary measures related to the threat of further spread of a new coronavirus infection.