International Practice in Regulating Liability for Illegal Migration

  • Rima Yerenatovna DZHANSARAYEVA Department of Law, Chair of Criminal Law, Criminal Trial and Criminalistics Al-Farabi Kazakh National University
  • Gulzhan Nusupzhanovna MUKHAMADIYEVA Department of Law, Chair of Criminal Law, Criminal Trial and Criminalistics Al-Farabi Kazakh National University
  • Assel Bostanovna SHARIPOVA Department of Law, Chair of Civil Law, Civil Procedure and Labour Law Al-Farabi Kazakh National University
  • Leila Marsovna ABDULLINA Department of Constitutional, International Law and Customs D.A. Kunayev Eurasian Law Academy
  • Liliya BISSENGALI Department of Law, Chair of Criminal Law, Criminal Trial and Criminalistics Al-Farabi Kazakh National University

Abstract

In the last several decades migration processes have become global in nature, involving a significant growth in both legal and illegal (illicit) migration. Insufficiently managed migration flows have become a serious security threat for many countries. Illegal (illicit) migration, which poses a threat to national security and is frequently potentially associated with conflict, crime and violence, has been included in the list of modern global challenges and threats, thus requiring not only improvement of international and national legal mechanisms, but also development of joint measures and actions on the part of the whole global community. Virtually all nations in the world are involved in this process either as host countries, countries of origin, or countries with mixed migration flows.

The authors argue that migration in general, and its illegal component creates for the economy as the benefits and losses. However, the gross loss to the economy can be minimized provided the adequate implementation of the migration policy. The author points out that clever use of foreign labor could become an objective good for the country with a negative reproduction and growing needs, it is important only to find the resources to manage this sometimes spontaneous process.

References

[1] Akhmetshin, Kh.M., Akhmetshin, N.Kh., and Petukhov, A.A. 2003. Modern Criminal Law of the PRC. Muravei Publ.
[2] Baiburina, E.R. 2010. Organization of Illegal Migration: Criminal and Criminological Aspects. PhD diss., Ufa Law Institute of the Ministry of Internal Affairs of Russia.
[3] Belyaev, S.S. 2001. Criminal Code of Denmark. Saint Petersburg: Legal Centre Press.
[4] Dell’Aringa, C., Lucifora, C. and Pagani, L. 2015. Earnings differentials between immigrants and natives: the role of occupational attainment. IZA Journal of Migration, 4: 8-16.
[5] Framework for Cooperation among the CIS Member States in Combating Illegal Migration, approved by the resolution of the Council of CIS Heads of State of 16 September, 2004. http://online.zakon.kz/Document/?doc_id=30308243
[6] Golovin, S.V. 2000. Criminal Code of Switzerland. Moscow: Zertsalo.
[7] Golovko, L.V. 2002. Criminal Code of France. Saint Petersburg: Legal Centre Press.
[8] ILO Convention No. 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers of 24 June, 1975. http://www.conventions.ru/view_base.php?id=91
[9] ILO Migration for Employment Convention No. 97 of 1 July, 1949. http://www.conventions.ru/view_base.php?id=93
[10] Lukashov, A.I. 2001. Criminal Code of the Republic of Bulgaria. Saint Petersburg: Legal Centre Press.
[11] Lukashov, A.I. 2001. Criminal Code of the Republic of Latvia. Saint Petersburg: Legal Centre Press.
[12] Méndez, F., Sepúlveda, F. and Valdés, N. 2016. Legalization and human capital accumulation. Journal of Population Economics, 29(3): 721-756.
[13] Ngo, H.V., Calhoun, A., Worthington, C., Pyrch, T. and Este, D. 2016. The Unravelling of Identities and Belonging: Criminal Gang Involvement of Youth from Immigrant Families. Journal of International Migration and Integration, 1: 1-22.
[14] Nunziata, L. 2015. Immigration and crime: evidence from victimization data. Journal of Population Economics, 28(3): 697-736.
[15] Programme of Cooperation among the CIS Member States in Combating Illegal Migration for the period 2006-2008, approved by the resolution of the Council of CIS Heads of State of 26 August 2005. http://adilet.zan.kz/rus/docs/H050000317_
[16] Shestakov, D.A. 2003. Criminal Code of the Federal Republic of Germany. Saint Petersburg: Legal Centre Press.
[17] United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000. http://www.un.org/ru/documents/decl_conv/conventions/orgcrime.shtml
[18] Vinogradova, A. 2016. Illegal immigration, deportation policy, and the optimal timing of return. Journal of Population Economics, 29(3): 781-816.
[19] Zapevalov, V.V. 2001. Criminal Code of the Republic of Estonia. Saint-Petersburg: Legal Centre Press.
Published
2016-10-08
How to Cite
DZHANSARAYEVA, Rima Yerenatovna et al. International Practice in Regulating Liability for Illegal Migration. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 4, p. 772-780, oct. 2016. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/151>. Date accessed: 04 dec. 2024.