coordination of the activities of the internal affairs bodies of Mirzo Ulugbek district, Independent researcher of Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan

Аннотация

In the article, the essence of illegal migration is revealed from a criminal- legal point of view. All signs and elements belonging to the term are summarized within a single concept. The definitions given by several scientists to the concept of illegal migration have been studied. The terms “illegal migration”, “unlawful migration” and “criminal migration” are different from each other. From the above definitions of illegal migration, there are several ways to become an illegal migrant. All opinions were analyzed and a proposed definition of illegal migration was developed. Key words: illegal migration, unlawful migration, criminal migration, socio- economic, political, legal and national-demographic factors, foreign citizens, stateless persons, illegal migrant. It is known that, as each problem has its own characteristics, there are certain aspects that reveal the essence of illegal migration, and it is important for law enforcement officers to understand the issues related to illegal migration. Because, from the point of view of Criminal law, determining the legal content of the concept, first of all, implies the generalization of all signs and elements related to this phrase within a single concept. This makes it possible to distinguish a certain concept from other phenomena and categories that are close and similar to it [1]. Thus, today in the legal literature there is no consensus on the concept of illegal migration, as well as terminological inconsistency regarding the analyzed term. In particular, one group of authors uses the term “illegal migration” to explain the issue under analysis, others call it “unlawful migration”, and the third group of authors uses the term “criminal migration”. In this matter, the most frequently used term by the authors is “illegal migration”. In particular, A.N. Shkilev, who has studied this problem, defines the concept of illegal migration as follows: “Illegal migration is the territorial movement of the population in physical space, under the influence of socio- economic, political, legal and national-demographic factors, in violation of the 5 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference current rules of international law and the requirements of the national legislation” [17]. In addition, E.Kh.Kakhbulaeva writes that “illegal migration is a rapidly developing socially dangerous phenomenon that violates the current international law and national legislation and threatens national security and the interests of the entire international community” [8]. However, in our opinion, the content of illegal migration is not fully revealed in these definitions, for instance, they do not specify the issues related to the subjects of illegal migration and do not reveal the aspects related to its objective signs. Continuing the reasoning of scientists, G.E.Dudin and S.V.Kalinins note the following: “... Illegal migration in the general sense means any movement in the territory of the state in violation of the legal requirements that determine the procedure for entering the country and being in its territory” [5]. However, in our opinion, this definition is given in a rather narrow sense, in which, along with the shortcomings mentioned above, the content of illegal migration is limited to taking into account only the cross-border features of movement. Along with the above scientists A.Fedorako states as follows “... illegal migration is the activity that occurs as a result of the movement of foreign citizens and stateless persons in violation of the established order of entry, transit, stay and exit on the territory of a specific country” [16]. In addition, T.B.Smashnikova rightly interprets the concept of “illegal migration” in her own way, that is, she points: “...illegal migration is an act of migration on the territory of the state in order to change the temporary place of residence or place of residence of the population is voluntary or forced migration across state borders in violation of the requirements of the law” [13]. In addition, A.V.Sukharnikova, who studied this problem, notes that a person must have the following characteristics to be considered an illegal migrant: 1) crossing the border of a foreign country bypassing the designated control points; 2) living on the territory of the state in violation of the rules of the current national migration legislation; 3) it is necessary to understand the persons who entered the country by illegal means or obtained residence permit documents” [14]. However, in our opinion, the definitions disagnated by A.Fedorako, T.B.Smashnikova and A.V.Sukharnikova in relation to the issue under discussion also have some shortcomings and do not fully reveal the meaning of illegal migration, for instance, they limit the migration from one country to another by violating national law of receiving country, they do not take into account the types of migration and their specific characteristics, in addition, the