Forced return of foreign citizens and stateless persons to the state of citizenship or permanent residence: a comparative legal analysis

Introduction: In the article, in the light of the implementation of the list of instructions of the President of the Russian Federation dated March 6, 2020 №. Pr-469, a comparative legal analysis of Russian and foreign legislation is carried out, providing for application to foreign citizens and stateless persons who violate migration rules or other norms of the legislation of the host country , measures of administrative and legal coercion in the form of expulsion to the state of nationality or permanent residence. The author studied the positive international experience that could be implemented in Russian legislation; formulated proposals for the modernization of Russian legislation governing the forced return of foreign citizens and stateless persons to the state of citizenship or permanent residence. Materials and methods: the study used the method of studying and analyzing documents: regulatory legal acts of the Russian Federation and certain foreign states regulating migration rules, as well as the procedure for applying administrative and legal coercion measures against persons violating the established rules. The result of the study: as a result of a comparative analysis of foreign legislation in terms of the application of compulsory measures of expulsion to foreign citizens and stateless persons in connection with their violation of the rules of stay, the expediency of having three independent forms of expulsion in Russian legislation is shown: administrative expulsion, deportation and readmission, since have different legal bases of application. Findings and Conclusions: According to the author, the unification of the existing norms should be carried out on the basis of the expediency of a single legal regulation, and not the unification of the forms of expulsion of foreign citizens existing in Russian legislation, since the legal bases for their application are different and correspond to the norms of international law. At the same time, since all forms of expulsion, by their coercive nature, intrude into the sphere of fundamental rights of foreign citizens, the procedure and grounds for the expulsion of foreign citizens should be regulated in a single regulatory legal act, namely, in the current Federal Law of July 25, 2002 № 115- Federal Law «On the legal status of foreign citizens in the Russian Federation».