Expulsion of a Foreign Citizen as a Restriction of its Right to Free Movement and as a Way of Ensuring National Security

Abstract

Ensuring the realization of the right to free movement became an integral attribute of all democratic states today resulting in increasing number of participants involved in international migration exchange. The UN experts estimate that more than three percent of the population of the planet, i.e. 244 million people are migrants today. This fact shows a trend of globalization of the migration movement. At the same time, researchers of migration process come to the conclusion that a global migration crisis takes place, because of uncontrolled migratory movement causing a significant threat for the nation's security of the hosting countries. At the same time, illegal migration is regarded as the most dangerous manifestation of migratory movements that negatively influence on social and economic development of the states, and on crime rate. It is necessary to note that the development of the institutes of the restrictions of human right to free movement took place along with the historical process of the formation of this right and initially aims at ensuring national security. At present, one of the most effective ways of protection against the potential threats connected with foreign citizens staying within the territory of the country and violating the nation's legislation is their forced expulsion from the territory of the Russian Federation which can be carried out in the form of administrative expulsion of the foreign citizens and stateless persons, and also in the form of deportation or readmission. However, despite all the existing differences these procedures have common features, including procedure for detaining foreign citizens and stateless persons in the special institutions of the Ministry of Internal Affairs of the Russian Federation or its territorial body to administrative expulsion from the Russian Federation in the form of forced expulsion, or deportation or readmission At the same time the basic principles of keeping foreign citizens in detentiob facilities are legitimacy, humanism, respect of human dignity, personal safety and healthcare. It is considered the issues of legal and prosecutional protection and public control, as well as the activity of the Russian Federation ombudsman for human rights to be the guaranties of observing these principles. It is forming a reasonable conclusion that it is necessary to continue the development of legal mechanisms of the restriction of the right to foreign citizens' free movement in order to ensure the nation's security of the Russian Federation.