打击特种军事行动中组织非法移民犯罪:组织法与犯罪论

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY
Roman Kuleshov, Elena Foigel
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引用次数: 0

摘要

本文论述了非法移民组织及其相关犯罪的认定、侦查问题。在乌克兰的特别军事行动并没有阻碍移徙的增长,相反,它加剧了移徙进程,使大量的非法移徙成为一个成功和有利可图的领域,为罪犯提供了大量的犯罪收益。作者分析了俄罗斯对移民具有吸引力的原因与去年登记为移民的外国公民数量的增长之间的相关性,即签发的临时居留证的数量。与此同时,他们注意到,与去年同期相比,外国公民和无国籍人所犯罪行的登记数目有所增加,因此有必要拟订对付这些罪行的方法建议。他们描述了在签订“弹性”劳动合同或使用“弹性”酒店和旅馆时组织非法移民的计划和方法。作者讨论了与执行规范性法律行为有关的困难,以及对特别部门的业务和调查活动的组织和执行产生不利影响的统计报告。事实证明,犯罪机制包括犯罪的准备、实施和隐藏的相互联系的手段、犯罪的阶段、多个犯罪参与者及其作用的分布,这构成了相当大的困难,需要执法机构的联合努力。指出了阻碍非法移民组织识别和侦查的规范性法律规制因素。考察了移民民族特征的犯罪学研究的具体特点及其在侦查犯罪中的应用。作者还分析了国家移民政策概念的当代状况,提出了完善其实施机制的建议,并就打击非法移民组织对打击侵犯人身权利、公共安全以及俄罗斯宪法秩序和国家安全基础的犯罪的预防意义得出结论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Counteracting Crimes Related to the Organization of Illegal Migration During the Special Military Operation: Organizational-Legal and Criminalistic Aspects
The article discusses the problems of identifying, investigating and detecting the organization of illegal migration and the crimes connected with it. The special military operation in Ukraine did not hinder the growth of migration, on the contrary, it intensified the migration processes, making considerable illegal migration a successful and lucrative area that provides criminals with substantial criminal proceeds. The authors analyze the correlation between the causes of Russia’s attractiveness to migrants and the growth in the number of foreign citizens registered as migrants, the number of temporary residence permits issued during the past year. At the same time, they note a growth in the number of registered crimes committed by foreign citizens and stateless persons in comparison with the same period last year, which makes it necessary to develop methodological recommendations for counteracting them. They describe the schemes and ways of organizing illegal migration when «elastic» labor contracts are made or when «elastic» hotels and hostels are used. The authors discuss difficulties associated with the enforcement of normative legal acts, as well as statistical reports that have a negative impact on the organization and execution of operative and investigative activities of special departments. It is proven that the mechanism of crime, which includes interconnected means of preparing, committing and concealing crimes, their stages, multiple crime participants and the distribution of their roles, poses considerable difficulties and calls for consolidated efforts of law enforcement bodies. The factors of normative legal regulation hindering the identification and detection of the organization of illegal migration are named. Specific features of the criminalistic research of ethnic characteristics of migrants and their use for investigating crimes are examined. The authors also analyze the contemporary condition of the Concept of State Migration Policy, develop recommendations on improving the mechanism of its implementation, and draw conclusions regarding the preventive significance of fighting the organization of illegal migration for counteracting crimes infringing on the rights of the person, public security and the foundations of the constitutional order and security of the Russian state.
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
期刊介绍: Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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