Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 68
Enero
Junio
2021
Recibido el 04/10/2020 Aceptado el 15/01/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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M. C
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P
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Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
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Ri car do Com bel las
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Go ran Ther born
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Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 68 (Enero - Junio) 2021, 581-595
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Criminal Liability for Organization
of Illegal Migration
DOI: https://doi.org/10.46398/cuestpol.3968.37
Mariya Vyacheslavovna Talan *
Ildar Rustamovich Begishev **
Tatyana Gennadievna Zhukova ***
Diana Davlenovna Bersei ****
Regina Rustеmovna Musina *****
Bairamkulov Asker Magometovich ******
Abstract
The article discusses the criminal responsibility for illegally
organizing migration, using a comparative documentary-based
methodology. Constant changes in public life suggest the need
to improve states’ criminal policy in the eld of establishing
responsibility for organizing illegal migration, both nationally and
internationally. An analysis of the provisions of international criminal law
makes it possible to consider various legal approaches to the criminalization
of acts in the eld of migration. The document underpins the need to
develop a unied approach to determining the characteristics of the crime
in question, as it is transnational. It is concluded that, regardless of the
different approaches of States to recognize illegal population migration,
the organization of this illegal activity, in the presence of certain particular
signs, should be recognized as a crime. At the same time, the organization
of illegal migration is dened as the commission by a criminal group
* Professor in Law, Faculty of Law, Department of Criminal Law, Kazan Federal University, Kazan,
Russia (Russian Federation). ORCID ID: https://orcid.org/0000-0002-9852-5133. Email: kafedra.
ksu@yandex.ru
** Ph. D. in Law, Senior Researcher, Kazan Innovative University named after V.G. Timiryasov, Kazan,
Russia (Russian Federation). ORCID ID: https://orcid.org/0000-0001-5619-4025. Email: begishev@
mail.ru
*** Ph. D. in Law, Faculty of Law, Department of Criminal Law and Procedure, North-Caucasus Federal
University, Stavropol, Russia (Russian Federation), ORCID ID: https://orcid.org/0000-0002-1011-
8905. Email: tany_zhukova@mail.ru
**** Ph. D. in Law, Department of Criminal Law and Procedure, North-Caucasus Federal University,
Stavropol, Russian Federation. ORCID ID: https://orcid.org/0000-0001-7423-5978. Email:
di.bersej2012@yandex.ru
***** Master of Law, Department of Criminal Law and Procedure, Kazan Innovative University named after
V.G. Timiryasov, Kazan, Russia (Russian Federation). ORCID ID: https://orcid.org/0000-0002-5670-
4010. Email: unabhangig@yandex.ru
****** Ph. D. in Law, Department of Criminal Law Disciplines, North Caucasian State Academy, Cherkessk,
Russia (Russian Federation). ORCID ID: https://orcid.org/0000-0002-9493-1927. Email: Asker.
magometovich@yandex.ru
582
Mariya Vyacheslavovna Talan, Ildar Rustamovich Begishev, Tatyana Gennadievna Zhukova,
Diana Davlenovna Bersei, Regina Rustеmovna Musina y Bairamkulov Asker Magometovich
Criminal Liability for Organization of Illegal Migration
(association of criminal groups) of actions aimed at creating the conditions
for the illegal movement of foreign nationals across the state border or their
illegal presence in each country.
Keywords: Illegal migration; criminal organization; criminal liability;
transnational crime; organization of illegal migration.
Responsabilidad penal por organización de la
migración ilegal
Resumen
El artículo analiza la responsabilidad penal de organizar la migración de
forma ilegal, mediante una metodología comparada de base documental. Los
constantes cambios en la vida pública sugieren la necesidad de mejorar la
política criminal de los estados en el campo de establecer la responsabilidad
de organizar la migración ilegal, tanto a nivel nacional como internacional.
Un análisis de las disposiciones del derecho penal internacional permite
considerar diversos enfoques legales para la penalización de actos en el
ámbito migratorio. El documento fundamenta la necesidad de desarrollar
un enfoque unicado para determinar las características del delito en
cuestión, ya que es transnacional. Se concluye que, independientemente de
los diferentes enfoques de los Estados para reconocer la migración ilegal
de la población, la organización de esta actividad ilegal, en presencia de
ciertos signos particulares, debe ser reconocida como un delito. Al mismo
tiempo, la organización de la migración ilegal se dene como la comisión
por parte de un grupo delictivo (asociación de grupos delictivos) de
acciones encaminadas a crear las condiciones para el movimiento ilegal de
ciudadanos extranjeros a través de la frontera estatal o su presencia ilegal
en un país determinado.
Palabras clave: Migración ilegal; organización criminal; responsabilidad
penal; crimen transnacional; organización de la
migración ilegal.
Introduction
The relevance of the study of criminal law measures to combat illegal
migration is predetermined by the fact that today one of the rst threats
to the national security of the state is the intensication of the activities
of cross-border criminal groups organizing channels of illegal migration.
This creates a danger for the normal development of states in the economic
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and social spheres of public life, infringes on public security. Criminal
organizations illegally take socially unprotected people out of their
countries with the aim of being involved in committing terrorist crimes,
drug trafcking, arms trade, prostitution, etc. The approach to organizing
illegal migration at the international level differs signicantly from the
understanding of this phenomenon in many countries of the world. An
analysis of the provisions of the national criminal law systems showed
that in most countries responsibility for organizing illegal migration is
not associated with obtaining material benets, a person should be held
accountable if he pursued other goals of organizing illegal migration.
1. Materials and methods
When studying the illegal organization of migration, special attention
should be paid to the historical analysis of the development trends of this
legal institution, which makes it possible to reveal its essence, to identify
the conditionality of the legal consolidation of the rules of behavior in
accordance with the characteristics of the emerging social relations at a
particular historical stage.
An analysis of the current state of legal prohibitions regarding the
establishment of criminal liability for illegal organization of migration will
make it possible to formulate a criminal-legal characteristic of the crime
in question. A comparative legal study of legal regulation in the eld of
establishing responsibility for organizing illegal migration in different
countries provides an opportunity to formulate a general global trend in
the criminalization of acts in the eld of illegal migration. Generalization
of the experience of different countries is a necessary condition for nding
the optimal model of criminal law regulation in terms of the research topic.
2. Results and discussions
Many studies show that the majority of “illegally migrating are enslaved”
(Zhang, 2009). Yu. A. Kuzmenko claims, referring to the International
Organization for Migration, that the organizers of illegal migration receive
from 5 to 7 billion dollars a year (Kuzmenko, 2006). To effectively counter
such criminal activity, it is necessary to analyze the legal signs of organizing
illegal migration. “The integration of legal and economic activities in
modern states, the globalization of various aspects of technology and
human capital is the main characteristic of modern civilization” (Smirnov
et al., 2018: 415).
Historical analysis of the development of criminal legislation in the eld
of legal regulation of migration allows us to assert that the consolidation of
the prohibition on the commission of certain acts in the eld of migration
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Criminal Liability for Organization of Illegal Migration
is directly related to the economic, social and political transformations
in the country. One and the same act at different historical stages could
be recognized as socially useful and socially dangerous. It seems that this
specicity of the social relations under consideration distinguishes the
illegal organization of migration from the majority of crimes, which at all
times are recognized and recognized as socially dangerous (murder, theft,
high treason, etc.).
Purposeful legal regulation of Russia’s migration policy began in the
17th century. During this period, it was not limited, but rather encouraged
the resettlement of foreigners and the development of new territories. This
direction of the migration policy is reected in the regulatory document,
which can be considered one of the rst acts regulating migration processes
in the country. So, on April 27, 1702, Peter I signed the Manifesto “On the
exportation of foreigners to Russia, promising them freedom of religion.”
“The reason for inviting foreigners is banal - the lack of people to carry out
the colonization of the gigantic empty lands of the Russian Empire” (Kirov,
2001: 200).
By the end of the 18th and the beginning of the 19th century, the
migration of foreigners to Russia stopped, which was a natural consequence
of the Russian-Japanese war and the First World War.
During the reign of Nicholas II, a number of laws were issued, in
accordance with which the eviction of migrants from the territory of Russia
was organized (Pakhalyuk, 2013).
After the revolution that took place in Russia in 1917 and the
establishment of Soviet power, the second of the previously identied
stages in the development of criminal legislation in terms of establishing
responsibility in the eld of organizing population migration began.
Accordingly, the changes that have occurred in all spheres of society
have led to a change in the understanding of the public danger of illegal
resettlement of foreign citizens to the territory of the country, as a result
of which such an act began to be recognized as socially dangerous and
deserving severe punishment.
The Criminal Code of the Russian Federation (The Criminal Code of the
Russian Federation of June 13, 1996 No. 63-FZ (hereinafter referred to as
the Criminal Code of the Russian Federation) adopted in 1996, similar to
the criminal legislation of the Soviet period, established responsibility for
crossing the state border of the Russian Federation without established
documents and appropriate permission (Art. 322 of the Criminal Code of
the Russian Federation).
With the further development of legislation in the eld of organizing
migration processes, the number of acts that were recognized as criminal in
this area also increased.
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At the beginning of the 21st century, Russian legislation in the eld of
organizing and controlling migration processes began to develop quite
actively.
There have also been changes in Russian criminal legislation, primarily
related to increased liability for illegal entry of foreign citizens into Russia.
In 2004, Art. 322.1 “Organization of illegal migration of the Criminal Code
of the Russian Federation (The Criminal Code of the Russian Federation,
1996).
The considered changes in the state policy in the eld of migration are
predetermined by the existing need to prevent negative consequences for
the country from spontaneously and uncontrollably developing migration
processes.
The public danger of the act under Art. 322.1 of the Criminal Code
of the Russian Federation, is that when organizing illegal migration, the
procedure for regulating migration processes established in the territory of
the Russian Federation is violated, and also complicates the demographic
situation in the country. Subsequently, these factors lead to the emergence
of interethnic conicts, undermine the economic and national security of
the state. This creates additional obstacles in the ght against transnational
crimes.
In accordance with the current Russian criminal law, the organization of
illegal migration as a crime is a guilty socially dangerous act, expressed in
the organization of illegal entry into the territory of the country of foreign
citizens or stateless persons, their illegal stay in the country or organization
of illegal transit through the territory of the state, specied persons.
Stricter responsibility for organizing illegal migration is provided for in
Part 2 of Art. 322.1 of the Criminal Code of the Russian Federation, for
organizing illegal migration by a group of persons by prior conspiracy, or
by an organized group, as well as for the purpose of committing a crime on
the territory of the Russian Federation, or the commission of a crime by
a person using his ofcial position. The maximum penalty in this case is
imprisonment for a period of 7 years.
An analysis of judicial practice has shown that most mistakes in
qualifying acts as organizing illegal migration are made due to the
difculties in delimiting the crime under Art. 322.1 of the Criminal Code of
the Russian Federation from administrative offenses described in the Code
of the Russian Federation on Administrative Offenses (Code of the Russian
Federation on Administrative Offenses, 2001).
Part 3 of Art. 18.9 of the Code of Administrative Offenses of the Russian
Federation establishes administrative responsibility for “the provision of
housing or a vehicle or the provision of other services to a foreign citizen
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Mariya Vyacheslavovna Talan, Ildar Rustamovich Begishev, Tatyana Gennadievna Zhukova,
Diana Davlenovna Bersei, Regina Rustеmovna Musina y Bairamkulov Asker Magometovich
Criminal Liability for Organization of Illegal Migration
or stateless person who is in the Russian Federation in violation of the
established procedure or rules for transit through its territory.”
In this case, both an individual and a legal entity are held liable. For
persons who committed the described offense using their ofcial position,
a penalty is provided in the form of a ne of up to 50,000 rubles, for other
individuals - up to 5,000 rubles. Legal entities for committing these actions
are punished with a ne of up to 400,000 rubles.
In Art. 18.15 of the Code of Administrative Offenses of the Russian
Federation is recognized as an administrative offense “involving a foreign
citizen or stateless person in labor activity in the Russian Federation in the
absence of a work permit”, which entails the imposition of an administrative
penalty. For individuals, the punishment is similar to that indicated above,
and legal entities are punished more severely - with a ne of up to 800
thousand rubles or suspension of activities for up to 90 days (Code of the
Russian Federation on Administrative Offenses, 2001
These actions can also be considered as a manifestation of the
organization of illegal stay on the territory of Russia of foreign citizens.
It seems that in this case the delimitation of actions constituting an
administrative offense from a criminal offense should be carried out in
accordance with the establishment of the fact that it is legal or illegal to
be in the territory of Russia a migrant. In the rst case, there is a basis for
criminal liability, and in the second, administrative.
In the countries of the so-called post-Soviet space, the approach to
establishing criminal liability for organizing illegal migration is similar to
the provisions of Russian legislation.
In the criminal laws of Azerbaijan, Georgia, Uzbekistan, Turkmenistan,
Kyrgyzstan, there is no norm providing for criminal liability for organizing
illegal migration. At the same time, unlike Russia, they establish criminal
liability for illegal movement across the state border if this act is committed
in the presence of aggravating circumstances, for example, committed with
the use of violence (with the threat of its use) or committed by an organized
group (Skhimnikova, 2015).
For example, for the aforementioned actions under the Criminal Code
of Uzbekistan for illegal travel abroad or illegal entry into the Republic of
Uzbekistan, a penalty of imprisonment for a period of three to ve years is
established (Article 223) (The Criminal Code of the Republic of Uzbekistan,
1994).
Interesting, at the same time, is the legislator’s approach to differentiating
criminal liability for illegal movement across the border, taking into account
the identity of the perpetrator. So, in accordance with the Criminal Code of
Uzbekistan, punishment in the form of imprisonment for up to 10 years
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is established for moving across the border of the Republic of Uzbekistan
in violation of the established procedure, if this act was committed by a
dangerous repeat offender or an ofcial whose travel abroad, without
special permission, is prohibited (The Criminal Code of the Republic of
Uzbekistan, 1994)
Spain became one of the rst European states to face the fact that the
unauthorized migration of foreigners on its territory gives rise to a number
of social and economic problems, including an increase in crime and the use
of migrant labor without state control. Consequently Skhimnikova (2015):
Spanish legislation has detailed issues related to creating conditions for
combating illegal migration, especially with organized forms of crime in the
migration sphere. In accordance with the “Law on Foreigners” in Spain, criminal
punishment is provided for such actions as facilitating the creation or participation
in criminal organizations involved in the delivery of illegal immigrants to the
country or using its territory as a transit (Article 50) (2015: 101).
Compared to Russian criminal law, illegal migration is punished quite
strictly in Bulgaria. In accordance with the Criminal Code of Bulgaria, a
person who crosses the border of the country without the permission of the
relevant state organizations should be punished with imprisonment for up
to ve years (Article 279) (Lukashov, 2001). As an aggravating circumstance,
responsibility for the indicated crime is provided for the commission of
such an act a second time, for which responsibility is imposed in the form
of deprivation of freedom for up to six years.
The Criminal Code of Bulgaria established responsibility for preparing
illegal movement across the state border, which is punishable by
imprisonment for up to two years (Skhimnikova, 2015).
The liability of persons organizing the unauthorized crossing of the state
border of Bulgaria by other persons is provided separately in Art. 280 of the
Criminal Code of Bulgaria (Lukashov, 2001).
Of greatest interest are the circumstances established in the Criminal
Code of Bulgaria that aggravate the responsibility for organizing illegal
migration.
Up to 10 years of imprisonment is punishable by organizing the
movement of a person across the state border if the person being displaced:
has not reached 16 years of age; is not a Bulgarian citizen; did not know that
he was being illegally transported across the border (Lukashov, 2001).
Indeed, these circumstances signicantly increase the degree of public
danger of organizing illegal migration, primarily due to the fact that they
infringe not only on the management order, but also on the interests,
personal rights and freedoms of the displaced person.
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Mariya Vyacheslavovna Talan, Ildar Rustamovich Begishev, Tatyana Gennadievna Zhukova,
Diana Davlenovna Bersei, Regina Rustеmovna Musina y Bairamkulov Asker Magometovich
Criminal Liability for Organization of Illegal Migration
As a circumstance aggravating responsibility for organizing illegal
migration, in Bulgaria it is indicated that such an act was committed using
mechanical, air or other transport. Special conscation is provided for by
Part 3 of Art. 280 of the Criminal Code of Bulgaria, which stipulates that
in these cases, the transport, if it belongs to the culprit, is recovered by the
state (Lukashov, 2001).
Criminal liability is also increased if the transportation was organized
by groups of persons or the grouping of groups or the transportation was
carried out with the participation of an ofcial who used his ofcial position.
In the Criminal Code of the Federal Republic of Germany in section
18 “Punished acts against personal freedom”, in paragraph 234 “Forcible
removal of people abroad” criminal liability is established for moving
a person across the border of Germany, against his will. In addition, the
preparation of such a transfer is in itself recognized as a punishable act.
Paragraph 235 of the Criminal Code of the Federal Republic of Germany, as
a more severe act, provides for the commission of these actions in relation
to a minor (Shestakov, 2003).
In the Criminal Code of the PRC, the system of criminal-legal prohibitions
in the eld of organizing illegal migration includes legal prohibitions
that criminalize various manifestations of unauthorized migration of the
population and are aimed at preventing its organization. In accordance
with Art. 318 of the Criminal Code of the PRC, the organization of illegal
migration can be punished not only by imprisonment for a certain period,
but also by life imprisonment (Korobeyev, 2001).
However, criminal liability under this provision does not arise in all
cases of illegal organization of migration, but only if:
• the person is the leader of the group organizing the illegal crossing
of the state border.
• the organization of illegal migration was carried out repeatedly.
• as a result of illegal migration, harm to life or health was caused to
persons whose migration was organized.
• migration was carried out with the use of threats and violence.
• the presence of other aggravating circumstances, serious violations
in the implementation of migration organized by a person
(Korobeyev, 2001).
According to, Hanson (2007): “Immigration reform is one of the most
controversial issues facing US policymakers” (2007: 12). The growth in
the number of illegal immigrants in the United States is of great concern,
therefore, the country pays great attention to suppressing the organization
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of illegal migration, including by eliminating its primary cause, which is
seen in the possibility of using migrant labor by American corporations.
The tougher punishment for illegal migration is associated with the
events of 2001, namely with the terrorist attack on the World Trade Center
(Singer and Golan, 2019), one of the reasons for not preventing which the
US government saw in uncontrolled migration.
The study showed that of 94 foreign terrorists who operated in the
United States, about two thirds crossed the border illegally (Kephart,
2006). Fillipenko says:
In October 2001, a Mexican citizen of Iraqi descent confessed to smuggling
hundreds of Syrians, Iraqis, Palestinians, Jordanians, and other citizens of Arab
countries into the United States, each of whom paid from 10 to 15 thousand dollars
to move from their homeland to the United States. and most of this money went to
the “coyotes” - maa organizations that specialize in smuggling illegal goods and
undocumented persons from Mexico (2015:180).
In the United States, the following categories of persons are distinguished
as subjects of crimes in the eld of illegal migration:
• employers who illegally use migrant labor.
• the migrants themselves who are in the United States illegally.
• persons organizing illegal migration.
The importation of any foreigner into the United States for the purpose of
prostitution or any other immoral purpose is prohibited (The Immigration
and Citizenship Act (INA)) was passed in 1952. The text contains those laws
that entered into force on May 20, 2020. For persons who organize the
illegal entry of foreign nationals into the United States for these purposes
or his stay in the United States, under Title 18, a penalty of a ne(s) or
imprisonment for up to 10 years is provided. At the same time, even a failed
attempt to commit the described act is recognized as a criminal offense.
If these actions are associated with the iniction of grievous bodily
damages or with the threat of their commission, then for the organization
of illegal migration a term of imprisonment of up to 20 years is provided. In
the event of a person’s death, life imprisonment may be imposed.
It seems reasonable that the repeated or systematic commission of the
described acts is provided as a circumstance aggravating criminal liability
for helping a foreigner to illegally enter the United States or stay in the
United States.
The number of migrants against whom a crime is committed also affects
the severity of the punishment (Bokovnya et al., 2019; Begishev et al., 2020;
Begishev et al., 2019; Bokovnya et al., 2020; Begishev et al., 2019; Bokovnya
et al., 2020; Bokovnya et al., 2020; Bokovnya et al., 2020; Khisamova et
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Diana Davlenovna Bersei, Regina Rustеmovna Musina y Bairamkulov Asker Magometovich
Criminal Liability for Organization of Illegal Migration
al., 2019; Bokovnya et al., 2020; Begishev and Khisamova, 2018; Begishev
et al., 2020; Khisamova and Begishev, 2019; Khisamova et al., 2019).
Thus, illegal transportation of foreigners by groups of more than 10 people
is punishable by imprisonment for up to 10 years, while for committing
similar actions against a smaller number of people, imprisonment cannot
be imposed for more than 5 years (US Immigration and Citizenship).
3. Summary
Summing up the study of the provisions of the criminal law of different
countries of the world, in terms of countering illegal migration, it should
be noted that in those countries in which such responsibility is provided, in
most cases the legislator differentiates responsibility for organizing illegal
migration.
Organization of migration is an activity that involves the involvement
of many persons acting by prior agreement (ofcials of regulatory bodies,
carriers, security guards, etc.)
It seems that the activities of these persons should be considered with
their participation in the organization of illegal migration as co-execution
in the commission of the crime in question.
Responsibility for organizing illegal migration should be stricter in cases:
organizing illegal migration for the purpose of committing serious crimes
(terrorism, slave trade, involvement in prostitution, drug trafcking, etc.)
and in cases when it is associated with causing serious harm to health or
death of a person.
In many countries, stricter criminal liability is established by specifying
circumstances related to the characteristics of the identity of the perpetrator
or person illegally transferred across the state border.
Many issues related to illegal migration have long gone beyond the
boundaries of any territories and can rightfully be considered global,
which means that their solution is possible only with the interaction of all
countries of the world.
For example, as the International Organization for Migration emphasizes,
“during the COVID-19 pandemic, the vulnerability of migrant workers
increased signicantly, as many of them found themselves in an irregular
situation, expired their work visas, could not pay off debts accumulated
through recruiting or supporting families at home” (IOM, Migrant Forum
in Asia Partner to Promote the Rights of Migrant Workers in International
Supply Chains, 2020). And this problem has affected all countries today.
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According to Art. 3 of the Protocol against the Smuggling of Migrants
by Land, Sea and Air, supplementing the UN Convention against
Transnational Organized Crime (United Nations Convention against
Transnational Organized Crime, the organization of illegal migration
should be understood as “the smuggling of migrants in order to obtain,
directly or indirectly, any nancial or other material benet from illegal
entry to any State of any person who is not its citizen or does not reside
permanently on its territory” (Protocol against the Smuggling of Migrants
by Land, Sea and Air Supplementary to the United Nations Convention
against Transnational Organized Crime, 2000)
Thus, the approach to organizing illegal migration at the international
level differs signicantly from the understanding of this phenomenon in
many countries of the world. An analysis of the provisions of the national
criminal law systems showed that in most countries responsibility for
organizing illegal migration is not associated with obtaining material
benets, a person should be held accountable if he pursued other goals of
organizing illegal migration.
Conclusions
I would like to draw attention to the need for a more thorough
international regulation of migration processes. Violations in this area
are undeniably transnational in nature. Many global problems of our time
are associated with illegal migration require joint efforts of states in their
solution.
A distinction should be made between offenses and crimes in the eld of
migration. If the issues of administrative and legal regulation of migration
processes in each country depend on the peculiarities of the social system
that has developed in this state and predetermined by the historical features
of development, then the composition of offenses expressed in violation of
the migration regime will be quite diverse. At the same time, most countries
take a similar position in the establishment of criminal responsibility for
organizing illegal migration.
Acknowledgements
The work is performed according to the Russian Government Program
of Competitive Growth of Kazan Federal University.
592
Mariya Vyacheslavovna Talan, Ildar Rustamovich Begishev, Tatyana Gennadievna Zhukova,
Diana Davlenovna Bersei, Regina Rustеmovna Musina y Bairamkulov Asker Magometovich
Criminal Liability for Organization of Illegal Migration
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