Population migration is a natural and logical process that allows for the balancing of the economic, social, and political spheres of the global community.
Population migration is a natural and logical process that allows for the balancing of the economic, social, and political spheres of the global community.
Migration is a positive phenomenon as it facilitates socio-cultural exchange and spiritual enrichment. At the same time, migration processes are one of the most complex problems of global development. There are many negative consequences of migration processes. Illegal migration often leads to illegal employment and even human trafficking.
These phenomena pose a threat to the national security of the country and have a negative impact on the economy and other spheres of public life.
For violation of migration legislation in the Republic of Belarus, administrative and criminal liability is provided.
Most often, foreign citizens and stateless persons are brought to administrative liability under Articles 23.29, 23.53, 23.55 of the Code of Administrative Offences of the Republic of Belarus for illegal crossing of the State Border of our country, violation of legislation on the legal status of foreign citizens and stateless persons, as well as for residing without registration or without identity documents.
According to Article 23.29 of the Code of Administrative Offences of the Republic of Belarus, intentional illegal crossing of the State Border of the Republic of Belarus, if this act does not entail criminal liability, as well as an attempt at such crossing, entails a warning with deportation or a fine ranging from ten to one hundred base units.
The Criminal Code of the Republic of Belarus for the illegal intentional crossing of the State Border of the Republic of Belarus using a mechanical vehicle, inland navigation vessel (self-propelled), inland navigation vessel, mixed navigation vessel (self-propelled), small motor vessel, vessel with an outboard motor, personal watercraft, powered aircraft, as well as the intentional illegal crossing of the state border of the Republic of Belarus by other means, committed within a year after the imposition of an administrative penalty for the same violation, provides for a fine, or arrest, or imprisonment for up to two years.
Intentional illegal crossing of the State Border of the Republic of Belarus, committed by a person previously convicted of a crime provided for by this article, or by a foreign citizen, a stateless person, deported or expelled from the Republic of Belarus, before the expiry of the period of prohibition of entry into the Republic of Belarus, or by an official using their official powers, shall be punished by arrest or restriction of liberty for up to five years, or imprisonment for the same term.
Intentional crossing of the state border of the Republic of Belarus, committed by an organised group, shall be punished by imprisonment for a term of three to seven years with or without a fine.
Organisation, or direction, or assistance in activities related to the illegal entry into the Republic of Belarus, stay in the territory of the Republic of Belarus, transit through the territory of the Republic of Belarus, or exit from the Republic of Belarus of foreign citizens or stateless persons (organisation of illegal migration) shall be punished by arrest or restriction of liberty for up to five years, or imprisonment for the same term.
Organisation of illegal migration, committed by means that pose a danger to the life or health of foreign citizens or stateless persons, or associated with cruel or degrading treatment, or committed repeatedly, or by a group of persons by prior conspiracy, or by an official using their official powers, shall be punished by imprisonment for a term of three to seven years with or without a fine.
Violation of the entry ban period to the Republic of Belarus, namely the stay in the Republic of Belarus by a foreign citizen or a stateless person, deported or expelled from the Republic of Belarus, until the end of the entry ban period to the Republic of Belarus in the absence of signs of a crime provided for by Part 2 of Article 371 of the Criminal Code of the Republic of Belarus, is punishable by arrest or imprisonment for up to three years.
Article 22 of the Law "On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus" stipulates that foreigners staying in the Republic of Belarus are obliged to comply with the Constitution of the Republic of Belarus and other legislative acts of the Republic of Belarus, and respect its national traditions.
Intern for the position of Assistant to T.V. Lukutin
Prosecutor of Lepel District