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Illegal migration and criminal migration

Illegal migration and criminal migration

Globalization has made migration as its integral element. In the last decades the phenomenon of illegal migration remains a serious problem in Ukraine and in the world. The growing trend of illegal migration are well-founded concern because it is associated with various forms of crime directly affects the state of law and order, economic situation and public security.
Usually illegal (illegal) migration is described as the entry, stay and departure from its territory of foreign citizens and persons without citizenship in violation of the law of that country governing the entry, stay, transit and exit of foreign nationals, and arbitrary change their legal status during the stay in the territory of that country.
In scientific literature quite often, the term "illegal migration" associated with the term "criminal migration". However, one should clearly distinguish between the phenomena of illegal and criminal migration. If the illegal migration is a violation of immigration rules for entry, stay or exit from the country, criminal migration is a kind of temporary migration, which is criminal (criminal) purposes.
Illegal (illegal) migration has gone beyond the borders of individual States and into a global problem that poses a real threat to public safety, promotes the growth of crime, the spread of dangerous diseases and the expansion of the clandestine labour market.

In modern legal literature it is possible to meet various definitions of criminal migration. Thus, according to some scientists, a major factor in criminal migration is subjective, driven by the desire of a person to commit a crime or carry out criminal activity wherever it migrates.

With regard to illicit (illegal) migration, it is, according to some researchers, is characterized by objective signs. At the same time they quite rightly pointed out that illegal migration — illegal but not necessarily criminal.

Practice shows that, on the one hand, many illegal immigrants are actually involved in criminal activity, on the other hand, a significant number of migrants illegally staying on the territory of a state, work illegally, however, do not think about committing criminal acts.

Thus, a significant number of persons due to perfectly reasonable circumstances, forced to violate the immigration rules to seek asylum in other countries. We are talking about displaced refugees, migration, first of all, due to circumstances beyond their control.

At the same time, we cannot say that this forced illegal migration is quite only due to objective reasons. You should also take into account the subjective factor — the fear of the migrant persecution. It is clear that this category of persons, although unlawfully present on the territory of a state, however, is far from the thoughts of a criminal nature.

Criminal migration is "territorial displacement, which is expressed in the entry of persons who are not their citizens, and their stay in the country are a clear criminal purpose."

At the beginning of the twenty-first century, international migration has become one of the most important issues on the agenda of foreign and domestic policy, especially in developed countries, and has become a challenge to international security generally and national security of individual countries.

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