Является ли беженец "нелегалом-нарушителем"?

Abstract

The article "Is the Refugee a Law Offender?" considers an important problem concerning the rights of refugees and asylum-seekers on the territory of the Republic of Belarus. The government of the Republic of Belarus takes measures in order to perfect the legislation what concerns the solution of social and economic issues, security provision to this category of migrants on the basis of humanitarian principles of international law and taking into consideration the standards recommended by the international norms of treatment of the given individuals. However, some problems of illegal and forced migration remain unsolved (e. g. definition and eviction of illegal migrants, control of the refugee's residence...). The selection of measures of state influence in the sphere of uncontrolled migration mostly depends on the evaluation of the impact of any migrational flow on national security and social order. The level of individual responsibility of migrants in such cases is determined not only by the influence of the migrational flow on the interests safeguarded by law, but it also depends on a number of other factors: the reasons which caused people to cross borders, the means of crossing, the aims of coming and, in some cases, further behavior in the country of residence.Although the activities of illegal and forced migrants — crossing of the state border, illegal residence on the territory of the republic — seem to be similar and are not authorized by the authorities of the Republic of Belarus, the evaluation of the given violations from the point of view of punishment is directly opposite. It is this particular question that is discussed by the author. The summarized work gives a comparative legal analysis of the activities of the migrant and the basis of the provisions of international and national legislation norms. The article deepens the content of the notions: "an illegal migrant", "a forced migrant" and presents a list of mutual rights and responsibilities of states and the individuals who fall under the refugee status during the residence of the latter on the territory of our country; it also gives a definition of the position of national bodies of the Republic of Belarus towards the evaluation of the actions of these individuals in the light of national migration policy.