Prevention of repeated crimes committed by foreign migrants after serving a non-custodial sentence

Barsegyan Suren Vazgenovich Senior district police Commissioner of the Ministry of Internal Affairs of Russia 'Irkutsk'; the Ministry of Internal Affairs of Russia 'Irkutsk' 664048, Russia, Irkutsk region, Irkutsk, December Events str., 23 barsegyan.suren1986@mail.ru Other publications by this author

Introduction. The relevance of the study is due to the need to increase the effectiveness of preventing repeated crimes of foreign migrants after they have served a non-custodial sentence. The relevance is confirmed by statistical data on an increase in the number of non-custodial sentences imposed on foreign migrants, as well as an increase in serious and especially serious repeat crimes committed by foreign migrants.

The degree of scientific development. Migrant crime and its prevention have become the topic of research by such scientists as G. V. Antonov-Romanovsky, M.M. Babaev, E.S. Ketenchieva, P.N. Kobets, A.S. Kolozyan, D.A. Kravtsov, E.B. Magomedov, A.S. Cherepashkin, M.U. Yahyaeva, and others. However, there is a lack of in-depth consideration of current specific factors that negatively affect the re-commission of crimes by foreign migrants after they have served non-custodial sentences.

The expediency of developing a theme. The identified specific factors will have a positive impact on the prevention of repeated crimes of foreign migrants after serving or executing non-custodial sentences.

The scientific novelty lies in the identification of four groups of specific factors influencing the re-commission of crimes by foreign migrants and in the development of modern methods for solving the identified problems.

The main part. The issue of preventing the commission of repeated crimes is considered annually at a meeting of the Government Commission for the Prevention of Offenses under the Ministry of Internal Affairs of Russia, and it has also become a topic of discussion in the scientific world. In this regard, the repeated commission of crimes by persons who have served non-custodial sentences has traditionally been the subject of research. The study of the problems of preventing repeated crimes of foreign migrants after they have served non-custodial sentences is based on general and special methods. Thus, with the help of statistical analysis, one can see the real criminological picture of repeated crimes committed by foreign migrants. The dialectical method of studying the features of repeated crimes of foreign migrants after they have served non-custodial sentences will make it possible to comprehend the real picture and identify patterns of causes and conditions of repeated crimes, as well as reveal the latent nature of the crime of foreign migrants. The use of the comparative legal method reveals not only gaps in legislation regarding the prevention of repeat crimes by foreign migrants, but also weaknesses in interdepartmental cooperation within the country and with international partners. Due to the possibilities of the questionnaire method for law enforcement practitioners (113 active law enforcement officers from Moscow, Irkutsk region, and the Republic of Buryatia took part in the survey), the author's conclusions on improving the effectiveness of preventing repeated crimes of foreign migrants after they have served non-custodial sentences are positively supported.

It is worth noting that at present, the repeated commission of crimes by persons after serving or executing non-custodial sentences is undergoing qualitative changes, due to the new vector of criminal policy of the Russian Federation. Thus, modern Russian criminal policy is developing along the path of humanization of punishments, i.e. wider application of punishments and measures of a criminal-legal nature without isolating criminals from society. A striking example of support for this policy is the decree of the Government of the Russian Federation on the need to reduce the number of convicts in penal institutions: by 2024 - up to 400 thousand people, by 2030 – from 250 thousand to 300 thousand people (On the Concept of development of the penal system of the Russian Federation for the period up to 2030: decree Government of the Russian Federation No. 1138-r dated 04/29/2021 // Reference.-ConsultantPlus legal system (accessed: 11/29/2024)). It is logical to predict that in the near future the number of convicts serving criminal sentences at large will increase significantly. By the way, in 2019, 175,117 citizens were sentenced to real imprisonment for a certain period of time, which is 13,000 more than in 2023. At the same time, 79,263 citizens were sentenced to real imprisonment in the first half of 2023, and 72,480 citizens in the first half of 2024, indicating a decrease in their number by almost 8.6% (Judicial statistics data from the Judicial Department of the Supreme Court of the Russian Federation: Summary Form No. 1. Section No. 10.1 "Report on the number of persons brought to criminal responsibility and types of criminal punishment"). Settlement date: 17.01.2025 (access to the extended database of the Judicial Department at the Supreme Court of the Russian Federation is provided individually)).

Thus, statistical data from the last five years show that, in accordance with the new vector of criminal policy of the Russian Federation, such types of punishments that do not isolate the convicted person from society have become more common for crimes. However, it is also worth noting that at the same time the criminal situation is changing. Thus, over the past five years, the number of people convicted of serious crimes has increased by 4%, and for especially serious crimes – by 1.3%. Criminal penalties not related to imprisonment have become more common for serious crimes (2023-2024 for serious crimes +1.1%, for especially serious crimes +0.6 %).

It is well known that in countries where migration flows do not stop arriving, crimes are committed not only by citizens of the country, but also by migrants. In this regard, the Russian Federation is also no exception, since in our country, in addition to citizens of the Russian Federation, crimes are committed by foreign citizens and stateless persons.

Undoubtedly, since ancient times, it has happened that the migration of people from one state (region) to another (migration) took place in one way or another during certain periods of history. Currently, these people are called foreign migrants. According to the latest United Nations data, the number of migrants in 2020 reached 281 million ([Electronic resource].– Access mode: https://www.un.org/ru/fight-racism/vulnerable-groups/migrants ). According to the Russian Interior Ministry, there are currently about 6.2 million foreign citizens in the country, which is 27% less than in 2023 and 52% less than in 2019. (Statistical information on migration crimes. [electronic resource]: https://xn--b1aew.xn--p1ai/dejatelnost/statistics/migracionnaya . // Form 492 book. 1 section 1 of the Consolidated Report on Russia for 2019-2023 "Information on persons who have committed crimes" // GIAC of the Ministry of Internal Affairs of Russia). Despite the fact that the number of foreign migrants in Russia is decreasing every year, there is still an increase in the crime of foreign migrants. Thus, the number of foreign migrants prosecuted in 2023 (22,392) is 27.3% higher than in 2020. (Judicial statistics data from the Judicial Department of the Supreme Court of the Russian Federation for 2023: Summary Form No. 1. Section No. 11.1 "Report on demographic characteristics of convicts for all types of crimes of the Criminal Code of the Russian Federation"). Settlement date: 17.01.2025 (access to the extended database of the Judicial Department at the Supreme Court of the Russian Federation is provided individually)).

Meanwhile, only 36.3% of foreign citizens and stateless persons were criminalized by actual imprisonment for a certain period of time. By the way, foreign citizens and stateless persons are more often criminalized by fines (the main punishment) than by imprisonment (8% more, see diagram 1).

Scheme 1. Types of penalties imposed on foreign citizens and stateless persons for 2023

Thus, a large proportion of foreign migrants (63%) who commit crimes on the territory of our country do not isolate themselves from society, but continue their labor, criminal or other activities in the Russian Federation. By the way, these individuals continue their criminal activities, more precisely, they commit repeated crimes, while at the time of the crime they have an outstanding or outstanding criminal record.

In addition, when studying the problems of preventing repeated crimes of foreign migrants, we consider it important to consider them (problems) through the prism of the latency of crimes committed by foreign migrants. Data obtained based on the analysis of judicial statistics for 2024 (Judicial statistics data from the Judicial Department of the Supreme Court of the Russian Federation for 2023: Summary Form No. 1. Section No. 10.1 "Report on the number of persons brought to criminal responsibility and types of criminal punishment"). Calculation date: 01/23/2025 (access to the expanded database of the Judicial Department at the Supreme Court of the Russian Federation is provided individually)), indicate that foreign migrants are more likely to commit crimes against governance (as they are more often prosecuted) – 31.3% (Chapter 32 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code)) crimes against property – 26.8% (Chapter 21 of the Criminal Code), crimes against public health and public morals – 18.5% (Chapter 25 of the Criminal Code). At the same time, only 8% of those convicted under Chapter 32 of the Criminal Code of the Russian Federation were sentenced to actual imprisonment for a certain period of time. There is no doubt that statistics are compiled on identified and solved crimes, and crimes that are more often committed by foreign migrants are in this category. According to the information resulting from the study of P. N. Kobets, the number of unreported crimes of migrants exceeds the number recorded by 2.5–3 times ^{[15, p. 13]}. This trend can mainly be explained by the fact that identifying foreign migrants on the territory of the Russian Federation is a difficult task for law enforcement agencies. It is no secret that not all foreign citizens comply with the regime of stay (residence) on the territory of the Russian Federation. Thus, in 2023 alone, 159,859 foreign migrants were brought to administrative punishment for violating the rules of entry into the Russian Federation or the regime of stay (residence) (art. 18.8 of the Administrative Code of the Russian Federation (Code of the Russian Federation on Administrative Offenses: [feder. Law No. 195-FZ: adopted by the State Duma on 30 Dec. 2001; as of 2024] // Collection of legislation of the Russian Federation. Federation. – 2002. – No. 1. – part 1. – art. 1)), 91.7% of them were repeatedly brought to administrative responsibility for a similar offense. And only 72% of the persons who repeatedly violated the stay regime were expelled from the Russian Federation (Judicial Statistics of the Russian Federation [Electronic resource]. – Access mode: https://stat.xn----7sbqk8achja.xn--p1ai/stats/adm/t/31/s/1 ).

Thus, based on empirical data, it can be stated that crimes committed by foreign migrants on the territory of the Russian Federation are highly latent in terms of latency.

The conclusions made by the author of this article justify his solidarity with the opinion of scientists who believe that the problem of crime of migrants (foreign citizens) is currently considered very relevant, since there is increased attention to it from society and the state ^{[5, p. 193]}. In addition, migration processes have become one of the main factors of the social and economic dynamics of modern states, if, of course, there are controlled migrant flows ^{[24, p. 421]}.

It so happens that the increase in the number of crimes committed always encourages practitioners and scientists to find ways to solve this problem ^[12]. A significant increase in the number of foreign citizens and stateless persons who are subject to non-custodial sentences undoubtedly calls for a study of this problem in order to develop relevant methods for preventing repeat crimes.

We believe that in the current situation, in order to achieve positive results in preventing repeated crimes by foreign migrants after serving non-custodial sentences, it is necessary to identify the main causes and conditions conducive to the commission of crimes, which can lead to positive results.

The criminological features of migrant crime were studied by G.V. Antonov-Romanovsky ^[1], M.M. Babaev ^[2], M.A. Vaneeva ^[7], E.S. Ketenchieva ^[14], P.N. Kobets ^[16], E.B. Magomedov ^[20], A.S. Cherepashkin ^[25], M.U. Yahyaeva ^[26] and others.

Speaking about the criminological features of the crime of foreign migrants, first of all it is necessary to pay attention to such indicators, the knowledge of which will help to build effective work on the prevention of repeated crimes. Undoubtedly, in the commission of both primary and repeated crimes, it is the personal qualities of a person who is inclined to commit crimes that play an important role (in criminological language– the personality of the criminal). By the way, the criminological characterization of the personality of a criminal in this category is not only of scientific value, but can also become a recommendation in the practical work of law enforcement agencies, in preventing the re-commission of crimes by persons who have served non-custodial sentences. In addition, the analysis of the personality of convicts makes it possible to determine the circle of persons most prone to re-commission of crimes ^{[13, p. 18]}. Thus, the majority of foreign migrants who have committed crimes are men (91.5%), aged 30-39 years (31%) or 18-24 years (25%). More than half of the foreign migrants prosecuted for crimes (55%) have a general secondary education. It is noteworthy that there are relatively few people with higher education among foreign migrants (7.7%). More than half of the foreign migrants prosecuted for crimes (55%) have a general secondary education. It is noteworthy that there are relatively few people with higher education among foreign migrants. The level of higher education among them is almost two times lower than the level of primary education or lack thereof (7.7%). More than 50% of crimes and offenses committed by foreign migrants occur under the influence of alcohol or drugs ^{[8, p. 61]}.

According to M. A. Vaneeva, the main mass industries of attracting foreign workers are: construction, trade, housing and communal services (construction – 940.2 thousand (6.9%), wholesale and retail trade, repair of motor vehicles and motorcycles – 497.7 thousand (+13%), manufacturing – 297.3 thousand (+8.2%), transportation and storage – 185.9 thousand (+4.4%) ^{[9, p. 104]}. However, it is worth noting that 68.4% of convicted foreign migrants were employed at the time of the crime.

Improving the effectiveness of efforts to prevent repeat crimes among foreign migrants after serving or executing non-custodial sentences dictates the need to develop and apply scientifically sound recommendations based on the theory of the causes of crime.

In her research, M.A. Vaneeva notes that among migrants from neighboring countries, namely Transcaucasia and the countries of the Commonwealth of Independent States (hereinafter referred to as the CIS), a significant part is made up of the former rural population, where there is a high level of informal control and a patriarchal lifestyle persists. For many years, the acceptable standard of behavior of such persons was due to strict informal control by close relatives, friends, and acquaintances, rather than the norms of the law. When moving to the Russian Federation, such control is leveled, which can also become one of the criminogenic factors of the crime of foreign migrants ^{[10, p. 61]}.

If we consider the repeated crime of persons who have served non-custodial sentences from a criminological point of view (criminological recidivism), a number of scientists believe that repeated crime is influenced by causes and conditions (determinants) ^{[23, p. 4]}, however, in the case of foreign migrants, the causes and conditions of crimes can significantly they may differ, or rather they may be specific.

Professor P.F. Grishanin identified shortcomings in the activities of justice authorities and other organizations that are designed to combat crime for specific reasons ^{[11, p. 50]}, and it is difficult to disagree with this.

Professor M.M. Babaev identified three groups of determinants of migrant crime, considering in each group a set of causes and conditions, factors, while dividing them into those that occur before migration and after arrival in a particular locality ^{[2, p. 49]}.

In addition, some authors attribute various factors to the causes of crimes committed by migrants: socio-economic, political, cultural, individual factors ^{[24, p. 424]}, as well as negative circumstances before the first criminal record, flaws in the activities of law enforcement agencies, etc. ^{[22, p. 36]}.

Meanwhile, it is worth noting that there are other points of view on this issue (A.V. Bunyaeva, M.V. Bunyaeva, E.V. Seregina ^[6], V.V. Kovalenko ^[17], A.S. Kolozyan ^[18], D.A. Kravtsov, and others). According to D.A. Kravtsov, in order to prevent the crime of migrants, it is necessary to adopt a law on the mandatory receipt of biometric and genetic data of foreign citizens ^{[19, p. 120]}. Of course, we consider it right to support D.A. Kravtsov's opinion that the availability of biometric and genetic data is the key to ensuring a high level of security, but meanwhile we assume that the voiced position should be subjected to in–depth research, firstly, so that international treaties and agreements are not violated, and secondly, so that the law is constitutional. and, thirdly, so that it does not contradict other regulations, as there may be a question about the legality of the evidence collected.

Of course, we agree with the opinions of well-known scientists (M.M. Babaev, P.F. Grishanin, P.N. Kobets, etc.) and, based on the scientific foundation established by domestic scientists, we propose to consider three main reasons for repeated crimes committed by foreign migrants after serving or executing non-custodial sentences, which, it seems, They have a primary impact on the criminal behavior of foreign migrants, and by paying close attention to these causes, we will have more opportunities to achieve positive results.

Thus, we also propose to consider the specific (only for foreign migrants) reasons and conditions for the commission of repeated crimes by migrants after serving or executing non-custodial sentences, dividing them into the following groups of factors:

1) political factors that led to the commission of the first and subsequent crimes;

2) legislative shortcomings as a factor that does not deter migrant crime;

3) factors related to the activities of courts and law enforcement agencies (disadvantages);

4) weak interaction with law enforcement agencies of foreign countries, whose citizens commit crimes on the territory of the Russian Federation.

Political factors that have a negative impact on the commission of crimes by foreign migrants include existing flaws in migration policy. It is no secret that since 2024, Russia has been actively taking measures to tighten migration policy, which was largely due to the terrorist attack committed by citizens of the Republic of Tajikistan in Moscow. Due to the tightening of migration policy in 28 regions of the Russian Federation today (the geography of subjects supporting this policy is constantly expanding), foreign citizens are prohibited from carrying out economic activities in more than 35 areas ^{[4, p. 40]}. This policy mainly affected such areas of activity as catering, trade and transportation. And, as mentioned above, these are precisely the areas in which foreign migrants work. It follows from this that foreign migrants arrive on the territory of the Russian Federation for the purpose of earning money, but face such a problem that they cannot do exactly the work that they are capable of doing. It is logical that migrants who find themselves in such a dead end (since mostly foreign migrants come to Russia without having a "financial cushion") try to find other ways to solve their problems, namely: to do work without official employment, which is fraught with new problems (non-compliance with labor protection regulations, non-payment of taxes, etc.) or engage in illegal activities, in particular the distribution of narcotic drugs ^[3], joining ethnic criminal communities, etc.

On January 1, 2025, Decree No. 1126 of the President of the Russian Federation dated December 30, 2024 (hereinafter referred to as the decree) "On Temporary measures to Regulate the legal status of Certain Categories of foreign citizens and Stateless persons in the Russian Federation in connection with the application of the expulsion regime" entered into force, according to paragraph 1 of which, those who are in the Russian Federation foreign citizens and stateless persons (hereinafter referred to as "foreign citizens"), whose information is subject to inclusion in the register of controlled persons, are required to leave the Russian Federation on their own or to regulate their legal status in the Russian Federation from January 1 to April 30, 2025 in accordance with Federal Law No. 115-FZ of July 25, 2002. "On the legal status of foreign citizens in the Russian Federation", taking into account the specifics established by this decree (without leaving the Russian Federation and without taking into account the stated purpose of entry into the Russian Federation).

It turns out that foreign migrants, who are actually offenders, are given a unique opportunity to illegally stay on the territory of the Russian Federation until April 30, 2025 and continue their illegal activities, to acquire the status of a "legal migrant". According to paragraph 3 of the decree, in order to regulate their legal status, foreign citizens, their employers or customers of works (services) submit applications, petitions and other documents necessary for the issuance of permits.

However, the author considers this position exclusively from the positive side, assuming that it can become a kind of which, in turn, is the start for a more significant migration reform.

On February 5, 2025, the "Register of Controlled Entities" started operating in Russia. This register includes foreign citizens who are in Russia illegally, including those who have not received a patent within 30 days of crossing the border or have not registered for migration. Restrictive measures will be applied to these individuals. For example, it will be impossible to change their place of residence without the permission of the competent authorities, travel outside the region in which they live, purchase real estate and vehicles, and marry. The children of foreigners who are illegally in Russia will not be accepted into schools and kindergartens. Such citizens will remain in this registry until the situation is resolved or until deportation. You can check the availability of information about an illegal migrant on the official website of the Ministry of Internal Affairs of Russia (Register of Controlled Persons of the Ministry of Internal Affairs of Russia. [electronic resource]. – Access mode: https://xn--b1aew.xn--p1ai/rkl ).

In our opinion, we believe that the "Register of Controlled Persons" will play an important role both in terms of preventing the suppression of primary crimes by foreign migrants, and in preventing the prevention of repeated crimes by these individuals. In other respects, according to the data of our survey among active law enforcement officers, the majority of respondents (81.4%) believe that the new course of migration policy will successfully solve problems related to the prevention of crime of foreign migrants.

Thus, in order to eliminate flaws in migration policy, which are political factors that have a negative impact on the commission of crimes by foreign migrants, we propose that upon entry into the Russian Federation, migrant workers should be required to indicate the purpose of the visit in the migration card – "work", additionally indicate in which subject of the Russian Federation and in which field they intend to work. Thus, it can already be established at customs control whether a foreign migrant is allowed to carry out the work indicated in the migration card in the region of Russia to which the latter is sent. In case of a negative result, we consider it necessary to recognize the arrival of a foreign migrant on the territory of the Russian Federation as undesirable and prohibit his entry. By the way, by depriving a foreign migrant in advance of the opportunity to get into an "unfavorable" situation for him, we will warn the state to prevent the criminality of foreign migrants in general, which directly affects the re-commission of crimes by foreign migrants.

The second group of factors that negatively affect the correction of foreign migrants after serving or executing a non-custodial sentence, as well as those that do not deter the criminality of migrants, include shortcomings in legislation. For example, as is well known, criminal punishment should act as an overwhelming factor for people who are prone to committing crimes and (or) have previously committed crimes, thereby preventing recidivism. It is no coincidence that, in accordance with Article 43 of the Criminal Code of the Russian Federation, the purposes of criminal punishment, in addition to restoring social justice, include correcting the convicted person and preventing the commission of new crimes. If a foreign migrant commits a repeat crime after serving or executing a non-custodial sentence, it becomes obvious that the punishment has not achieved its goal.

It is worth noting here that the preventive role of criminal punishment will not be considered in the general aspect, but only as a special warning exclusively for foreign migrants. Thus, we believe that criminal legislation within the framework of migration policy should be subject to such adjustments and adjustments that exclude the re-commission of crimes by foreign migrants on Russian territory after serving or executing a non-custodial sentence. It is well known that the legislation of some countries has undergone changes, while paying attention to the problems associated with foreign migrants. For example, in the criminal laws of some countries – the Republic of Armenia (art. 62), the Republic of Azerbaijan (art. 52), the Republic of Kazakhstan (art. 51), etc. – for the commission of crimes by foreign citizens and stateless persons, such a type of punishment is provided for as forced expulsion from the state with a ban on entry (the time limit prescribed by law, often within five years). However, it should be added that if the criminal legislation of the Republic of Azerbaijan and the Republic of Kazakhstan provides for the expulsion of both foreign citizens and stateless persons, then, in accordance with the Criminal Code of the Republic of Armenia, only foreign citizens may be forcibly deported from the republic for committing a crime. In our opinion, we believe that this formulation is more appropriate, since the expulsion of a stateless person to a State of which he is not a citizen raises ambiguous questions.

Based on the above, we consider it advisable to supplement Article 44 of the Criminal Code of the Russian Federation with a new type of punishment – "Forced expulsion of a foreign citizen from the Russian Federation." This type of punishment can be applied as a basic or additional type of punishment, while it is necessary to establish the duration of the ban on crossing the border of the Russian Federation, up to a lifetime ban.

However, it is logical to assume that the mass deportation of foreign migrants who have committed crimes on Russian territory will create an additional burden on the economy of our country. In this regard, we propose to create a special fund for migrants under the control of the state. In other words, upon entry into the territory of the Russian Federation, a foreign migrant who indicates work as the purpose of arrival is obliged to contribute a certain amount of money to this fund (established by the Government of the Russian Federation). In the future, if there is a question about the deportation of foreign migrants, all financial expenses for the expulsion procedure will be transferred to the specified fund. To be fair, it is worth noting that the idea of deporting foreign migrants from Russia at their own expense is supported by some political parliamentary factions. Thus, representatives of the Liberal Democratic Party of the Liberal Democratic Party of Russia submitted to the State Duma of the Federal Assembly of the Russian Federation a bill proposing to deport foreign migrants at their own expense if the certificate of knowledge of the Russian language received by the migrant was declared invalid, and in the event that the migrant does not have enough funds to purchase a plane or train ticket, then He should be deported at the expense of the diplomatic mission of his country of citizenship (Rossiyskaya Gazeta. 07/22/2024. [Electronic resource]. – Access mode: https://rg.ru/2024/07/22/v-gosdumu-vnesen-zakonoproekt-o-deportacii-migrantov-za-neznanie-russkogo-iazyka.html (date of access: 02/17/2025)). In our opinion, the author believes that, despite the reasonableness of this proposal, despite the fact that it may become a significant contribution and its potential to become a significant institution in the reform of migration policy, however, there are doubts that its implementation will face many pitfalls and obstacles. In particular, the idea of imposing financial obligations on expelling migrants on the diplomatic missions of their countries of citizenship is highly questionable and may cause resistance from these missions. Meanwhile, it is worth noting that 96.4% of respondents supported the proposed model of creating a special fund for migrants under state control.

The considered third group of specific factors related to the activities of courts and law enforcement agencies is closely related to the second group of factors, because we believe that it is flaws in regulatory legal acts that lead to shortcomings in the work of the court and law enforcement agencies.

Professor V. I. Seliverstov noted that in order to achieve the goal of correcting convicts, it is important that the punishment itself be fair and individually appropriate to the personality of the perpetrator ^{[21, p. 306]}. The author of the article fully agrees with the professor and supports his idea that punishment, which is chosen based on the individual characteristics of the criminal's personality, can have a corrective effect. However, as already mentioned, in accordance with the new criminal policy of the Russian Federation, punishments that do not isolate the convicted person from society have become more common for crimes. A striking example of this is the increase in penalties imposed in the form of fines (as the main punishment). Nevertheless, despite the leniency of the punishment imposed, foreign migrants not only do not pay the fine, but also re-commit crimes, as evidenced by statistical data from the Judicial Department at the Supreme Court of the Russian Federation (Statistical data from the Judicial Department at the Supreme Court of the Russian Federation for 2023 (No. 14 "Results of consideration of submissions from judicial service units bailiffs on the replacement of fines with other types of punishments"). [electronic resource]. – Access mode: http://www.cdep.ru/index.php?id = (date of access: 06.06.2024).

According to Part 1 of Article 16 of the Penal Enforcement Code of the Russian Federation (Penal Enforcement Code of the Russian Federation dated January 8, 1997, No. 1-FZ // Collection of Legislation of the Russian Federation. Federation. – 1997. – No. 2. – Art. 198), the penalty in the form of a fine is executed by the Federal Bailiff Service of Russia (hereinafter referred to as the FSSP of Russia) (unlike other types of punishments not involving imprisonment). In accordance with the Federal Law "On Enforcement Proceedings" dated October 2, 2007, No. 229-FZ (On Enforcement proceedings: feder. The law grew. Of the Russian Federation dated October 2, 2007, No. 229-FZ // Collection of Legislation of the Russian Federation. Federation. - 2007. – No. 4. – Art. 4849), the FSSP of Russia is not authorized to monitor (or supervise) the behavior of persons against whom a court decision on the collection of a fine is being executed, or to carry out preventive measures aimed at preventing repeated crimes. Individual prevention, aimed at preventing the commission of repeated crimes by persons sentenced to a fine, is not provided for in Federal Law No. 10-FZ of February 6, 2023 "On Probation in the Russian Federation" (On Probation in the Russian Federation: Federal Law on Probation in the Russian Federation). The law of February 6, 2023, No. 10-FZ // Collection of legislation of the Russian Federation. Federation. – 2023. – No. 6. – Article 917), as well as in a number of regulatory legal documents (with a reservation).

Thus, after paying a fine, foreign migrants actually remain without proper control, namely, preventive measures are not carried out against them, they are not registered with the internal affairs bodies, despite the fact that the criminal record is removed or expunged within a year after the execution of the fine. The lack of preventive work in relation to those sentenced to a fine, it seems, in the criminal's legal consciousness will not be perceived as a criminal punishment, which will lead to the failure to achieve the goals of criminal punishment. This raises the question of the effectiveness of fining as the main punishment for foreign migrants.

As it has already been clarified, the weak interaction of internal affairs bodies with the criminal and executive system (including the probation service), the FSSP of Russia negatively affects the prevention (prevention) of repeated crimes of foreign migrants after serving or executing non-custodial sentences, and indicates the need to make some adjustments to the current legislation. acts.

The fourth group of factors, the absence or weak application of which does not contribute to the prevention of repeated crimes of foreign migrants after serving non-custodial sentences, includes weak interaction with States whose citizens commit crimes on Russian territory.

To be fair, we note that the Convention of the CIS member States on the Transfer of Execution of Non–Custodial Sentences (hereinafter referred to as the Convention), signed on October 11, 2019 in the city of orod Ashgabat (On Ratification), can play an important role in preventing repeated crimes of foreign migrants serving or who have served non–custodial sentences Conventions of the Member States of the Commonwealth of Independent States on the Transfer of Execution of Non–custodial Sentences: Federal Law No. 570-FZ dated 12.1 Dec2. 2023 // Reference.-legal system "ConsultantPlus" (date of application: 05.10.2024). The Convention entered into force in the Russian Federation on April 10, 2024 (ratified by Federal Law No. 570-FZ of December 12, 2023), after which the Russian criminal procedure legislation of the Russian Federation was once again supplemented with new articles (Articles 469.1, 471.1, as amended by Article 470). It follows from the text of the Convention that the competent authority of a country, on the basis of a petition from a convicted person, requests that the execution of the sentence be transferred to the competent authority of another country.

We believe that the Convention, firstly, is promising in solving problems related to the prevention of repeated crimes by citizens of the CIS member states on the territory of the Russian Federation, and secondly, it will relieve the burden on law enforcement agencies (FSIN of Russia, UIN of Russia, Ministry of Internal Affairs of Russia, etc.), since 91.6% of those sentenced to punishment, Citizens of the CIS member states are not associated with imprisonment ^{[4, p. 41]}.

However, it is worth noting that only five CIS member States (the Russian Federation, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic) have signed (ratified) this Convention. To achieve more positive results, it is necessary to expand the geography of countries with which a similar convention can be concluded.

Thus, within the four groups of factors, the author has considered those specific factors that, as we believe, have the most negative impact on the prevention of repeated crimes committed by foreign migrants after serving or executing non-custodial sentences.

In conclusion, we can say that the modern criminal policy of the Russian Federation is aimed at humanizing punishments. This means that punishments and criminal law measures that are not related to the isolation of criminals from society are increasingly being used. This policy has also extended to foreign citizens and stateless persons who have committed crimes on the territory of the Russian Federation (only 36.3% were sentenced to real imprisonment). Along with this, the crime latency of these individuals is assessed as high-latency. In order to increase the effectiveness of work on the prevention of repeated crimes of foreign migrants after serving or executing non-custodial sentences, it is proposed to consider four groups of specific factors: 1) political factors that led to the commission of the first and subsequent crimes; 2) shortcomings in legislation as a factor that does not deter the criminality of migrants; 3) factors related to the activities of courts and law enforcement agencies (shortcomings); 4) weak interaction with law enforcement agencies of foreign states whose citizens commit crimes on the territory of the Russian Federation. A logically formulated solution to the existing problems is proposed for each group of factors. The scientific nature of the proposed solutions is based on empirical research data; in particular, the majority of respondents (more than 88.4%) who took part in the survey gave a positive assessment of the four groups of specific factors considered, the implementation of which will contribute to improving the effectiveness of work to prevent repeated crimes of foreign migrants after departure or execution. non-custodial punishments. In addition, the author has taken into account the points of view of domestic scientists, as well as the relevant statistical research data we have obtained.