Administrative Expulsion of Foreign Citizens from the Russian Federation Territory and Deportation as a Measure of Administrative Coercion

This graduate qualification thesis considers the measures of administrative coercion applied to non-citizens of the Russian Federation: administrative expulsion and deportation. The study presents an analysis of different approaches to the definition of "administrative coercion" and the classification of administrative enforcement measures. The legal nature of administrative expulsion and deportation is determined, the system of legal acts establishing the content, the order of their appointment and execution is under study. Special attention is focused on the analysis of law enforcement practice in order to identify the features of the imposition of both administrative coercive measures. The study concluded that administrative expulsion and deportation could not be identified because of the differences in the grounds and the order of their application. The gaps in the current legislation (inconsistency of conditions of the Order of FSB of Russia to rules of Administrative Offences Code of the RF; necessity of revision of departmental acts with the assignment Russia's federal migration service functions to the Ministry of Internal Affairs; the absence of a fixed period of detention of a foreign citizen subject to administrative expulsion in a special institution), are indicated as well as vectors of its improvement are suggested. The solution of these problems will ensure proper legal regulation of administrative expulsion and deportation, as well as guarantee the rights of foreign citizens and stateless persons, not allowing violation of the Constitution of the Russian Federation and international treaties to which the Russian Federation is a party