Implementation of ECHR decisions on expulsion in a modern digital society

• Main Authors: Ablyakimova Elvina, Kostylev Vladislav, Rudenko Artem, Trifonova Kristine, Trifonov Sergey
• Format: Article
• Language: English
• Published: EDP Sciences 2021-01-01
• Series: SHS Web of Conferences
• Online Access: https://www.shs-conferences.org/articles/shsconf/pdf/2021/20/shsconf_lisid2021_01001.pdf

The globalization of world economic relations, political instability and different levels of economic development in different countries predetermine a significant flow of migrants. The problem of illegal migration and application of measures of legal responsibility against migration legislation violators concerns most countries of the world. At the same time, applying such a sanction as expulsion, a number of states, including the Russian Federation, come into conflict with the legal positions of the European Court of Human Rights (hereinafter the ECHR) regarding expulsion of stateless persons and foreigners. The administrative expulsion, unfortunately, has not undergone any significant changes in the digital age, although the urgent need for such reform is obvious. It is emphasized in the legal positions of the ECHR that decisions on expulsion must be justified by pressing social necessity and they must correspond to a legitimate aim, since they may violate the right to respect the private and family life. It is necessary to take into account the legal positions of the ECHR in the framework of proceedings on expulsion and adhere to the principle of individualization of responsibility for an administrative offense, with taking into account the specific circumstances in each specific case.