Legal basis for the performance of international obligations on readmission in the Russian federation and the republic of Finland

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Abstract

Readmission agreements are international obligations affecting substantially the rights and freedoms of individuals and citizens. The increase in the number of victims of terrorist acts and the flow of migrants to Europe have revealed the urgent need to build a new migration policy common for the whole of Europe and to strengthen the counter-terrorism cooperation of intelligence services, including between Western countries and Russia, along with realization of international commitments on readmission. The act of signing the Readmission agreement as well as the executive protocol on the order of implementation of this agreement by the Russian Federation and the European Community has become a significant step in developing the mechanisms to counteract illegal migration. The sources used in the article include the fundamental legal documents in the sphere of securing human rights, the decisions of the European Court of Human Rights, the European Union directives, the national legislative acts of the Russian Federation and Finland, the readmission agreements and executive protocols. The article highlights the legal and conceptual aspects of the readmission institute and the relevant international agreements. The author has undertaken the analysis of the Russian and Finnish legislation on readmission, has suggested recommendations for further improvement of the regulatory legal and organizational framework in this area for efficient implementation of readmission agreements concluded by the Russian Federation and the Republic of Finland, and at the same time, on the measures to respect human rights. Readmission, from the point of view of international practice, is only a technical mechanism used in realization of a decision to forcibly deport a foreign citizen or stateless person from the territory of a state. The world practice of combating illegal migration has shown high efficiency of readmission agreements making possible to deport migrants with unsettled legal status to the states of their citizenship or permanent residence within a limited time.

About the authors

Vladimir A. Jilkine

Law Office Kari Korhonen

Author for correspondence.
Email: info@lawcenter.fi

Law Office Kari Korhonen

Finland, Helsinki

References

  1. Жилкин В. А. Исторический аспект и предпосылки внесения изменений в Конституцию Российской Федерации // РЖПИ. 2017. № 3.
  2. Руководство по реадмиссии. Международная организация по миграции. Т. 2. М., 2009.

Copyright (c) 2019 Jilkine V.A.

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