Immigration Detention: International Law Framework and National Regulation (a Comparative Study)

Abstract

Detention of foreign citizens waiting their expulsion from the country is an effective measure to ensure the execution of expulsion. This one is available in the legislation of different countries. It limits most important personality rights and freedoms and there is discussed on its implementation as among the authorities and academics. In particular there is discussed about call of this measure, its ground, procedure, maximum time limits. In article was used the comparative and law method and legislative, judicial practice and doctrine of Russia, Germany, USA, UK, Italy were analyzed. It also the legal positions of European Court of Human Rights and Russian Constitution Court was compared. In result there were discovered the similar problems which were appeared in different countries used immigration detention and the particular ways for their solved in this countries. The restraint of foreign citizens waiting their expulsion from the country should be call to as immigration detention. When this measure is use should take into account the specific of each case and some based constitution principles. Only extremely dangerous foreign citizens should detention. Also immigration detention is intended to restrict the freedom of persons who are trying to avoid from expulsion and remain in the country. The aim of immigration detention is very important for immigration authorities. Thus they must follow to it and do not exchange it. It needs to immigration authorities avoid too formal method for take decision of immigration detention. In this case the nature of immigration detention is sum of administrative procedures instead of researching the real essence. Here the principle of individualizing administrative measures will be suffered. Foreigners should be able to get their freedom if they cannot be expulsion from the country. Therefore the alternative measures must be included in legislation of Russia. They will be able to replace immigration detention in cases where the restriction of freedom is impossible.