International Legal Concept and Basics of Readmission

Abstract

Introduction. The concept of readmission, as a prevention tool regarding irregular migration, links with the interstate cooperation aimed to terminate the stay of foreigners who entered and/or reside in violation of the current legal regulations for immigration. The receiving party also extends the validity of the readmission agreements to the nationals of third countries who came from the territory of requested state. The list of grounds established in international law, basically cancelling readmission, connected with the content of universal and regional standards of human rights and represented the international legal obligations of states, is of particular importance. Materials and methods. As for the materials, the legal acts and a number of Russian and foreign scientific papers, where readmission has been studying, are presented. Methodological foundations are provided with scientific method of analysis and synthesis, formal-legal and comparative-legal methods. Research results. International legal institution of readmission presupposes the mutual obligations of states to identify personality and to establish a nationality of irregular migrants, to submit the relevant documents, to send a request, to keep people in a designated place, to take back nationals and persons who have permanent residence or carried out transit on the territory of participating states. The bilateral model agreements readmission are becoming more widespread for the moment. It seems that adoption of international regional treaty on readmission at the CIS level would promote unification of its legal definition and procedures, because model legislation has already developed. Discussion and conclusion. The Russian Federation actively participates in the expansion of bilateral agreements on readmission with both the CIS states and European and Asian countries. At the same time, the procedure for implementing readmission has been enshrined in Russian immigration legislation. The effectiveness of readmission, as a legal means of preventing irregular migration, relates to realization of joint regional programs of the states aimed to provide conditions, which allow them to control entry, stay, departure, transit and purposes of the presence of foreigners on the territory of receiving state.

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