Counteracting Crimes Related to the Organization of Illegal Migration During the Special Military Operation: Organizational-Legal and Criminalistic Aspects

Abstract

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.