Problems of Criminal Law Support for National Security in the Sphere of Migration
Автор: Khristyuk A.A.
Журнал: Вестник Института права Башкирского государственного университета @vestnik-ip
Рубрика: Уголовное право и криминология, уголовно-исполнительное право
Статья в выпуске: 4 (28), 2025 года.
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In today's environment, national security is becoming increasingly complex, encompassing not only the defense and the foreign policy issues but also domestic aspects, including migration processes. The growth of cross-border population mobility, the intensification of international migration flows, and the accompanying risks and threats require the state to develop an effective and balanced migration policy that seamlessly combines humanitarian principles with the necessary measures to ensure law and order and public safety. The relevance of this study stems from the need for an adequate criminal law response to the challenges arising at the intersection of migration processes and national security. Gaps in legal regulation, inconsistencies in individual norms, and law enforcement practices indicate the need for an in-depth academic understanding of the role and potential of criminal law in the national security system in the area of migration. Conclusions: an analysis of the criminal law problems support for national security in the area of migration revealed systemic distortions that hinder an effective legal response to the threats arising in the context of uncontrolled cross-border mobility. The main problem remains the inconsistency and fragmentation of criminal legislation, in which the norms governing migration offenses do not form a unified systemic structure capable of adequately reflecting the specifics of the modern migration context. The lack of a comprehensive approach to the classification of acts related to violations of the migration regime, as well as the limited means of criminal law enforcement against organized forms of illegal migration, significantly reduce the preventive potential of criminal law in this area.
Illegal migration, national security, management procedures, criminal law regulation, criminal liability, administrative liability, interagency cooperation, migrant crime, transnational crime, organized crime
Короткий адрес: https://sciup.org/142246645
IDR: 142246645 | УДК: 343.3 | DOI: 10.33184/vest-law-bsu-2025.28.14