Detention of foreign citizens waiting their expulsion from the country is an effectivemeasure to ensure the execution of expulsion. This one is available in the legislation ofdifferent countries. It limits most important personality rights and freedoms and there isdiscussed on its implementation as among the authorities and academics. In particularthere 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 anddoctrine of Russia, Germany, USA, UK, Italy were analyzed. It also the legal positions ofEuropean Court of Human Rights and Russian Constitution Court was compared. In resultthere were discovered the similar problems which were appeared in different countriesused immigration detention and the particular ways for their solved in this countries. Therestraint of foreign citizens waiting their expulsion from the country should be call to asimmigration detention. When this measure is use should take into account the specificof each case and some based constitution principles. Only extremely dangerous foreigncitizens should detention. Also immigration detention is intended to restrict the freedomof persons who are trying to avoid from expulsion and remain in the country. The aim ofimmigration detention is very important for immigration authorities. Thus they must followto it and do not exchange it. It needs to immigration authorities avoid too formal methodfor take decision of immigration detention. In this case the nature of immigration detentionis sum of administrative procedures instead of researching the real essence. Herethe principle of individualizing administrative measures will be suffered. Foreigners shouldbe able to get their freedom if they cannot be expulsion from the country. Therefore thealternative measures must be included in legislation of Russia. They will be able to replaceimmigration detention in cases where the restriction of freedom is impossible.
For citation: Sherstoboev O.N. (2020) Immigration Detention: International Legal Framework and National Regulation (a Comparative Study). Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 231–261 (in Russian) DOI: 10.17323/2072-8166.2020.1.230.261