Ensuring the realization of the right to free movement became an integral attribute ofall democratic states today resulting in increasing number of participants involved ininternational migration exchange. The UN experts estimate that more than three percentof the population of the planet, i.e. 244 million people are migrants today. This fact shows atrend of globalization of the migration movement. At the same time, researchers of migrationprocess come to the conclusion that a global migration crisis takes place, because ofuncontrolled migratory movement causing a significant threat for the nation’s security ofthe hosting countries. At the same time, illegal migration is regarded as the most dangerousmanifestation of migratory movements that negatively influence on social and economicdevelopment of the states, and on crime rate. It is necessary to note that the developmentof the institutes of the restrictions of human right to free movement took place along with thehistorical 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 threatsconnected with foreign citizens staying within the territory of the country and violating thenation’s legislation is their forced expulsion from the territory of the Russian Federationwhich can be carried out in the form of administrative expulsion of the foreign citizens andstateless persons, and also in the form of deportation or readmission. However, despite all the existing differences these procedures have common features, including procedurefor detaining foreign citizens and stateless persons in the special institutions of the Ministryof Internal Affairs of the Russian Federation or its territorial body to administrative expulsionfrom the Russian Federation in the form of forced expulsion, or deportation or readmissionAt the same time the basic principles of keeping foreign citizens in detentiob facilitiesare legitimacy, humanism, respect of human dignity, personal safety and healthcare. It isconsidered the issues of legal and prosecutional protection and public control, as well asthe activity of the Russian Federation ombudsman for human rights to be the guarantiesof observing these principles. It is forming a reasonable conclusion that it is necessaryto continue the development of legal mechanisms of the restriction of the right to foreigncitizens’ free movement in order to ensure the nation’s security of the Russian Federation.
For citation: Amelchakov I.F., Kataeva O.V. (2019) Expulsion of a Foreign Citizen as a Restriction of its Right to Free Movement and as a Way of Ensuring National Security. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 138–159 (in Russian) DOI: 10.17-323/2072-8166.2019.3.138.159