МЕЖДУНАРОДНО-ПРАВОВОЙ МЕХАНИЗМ РЕАДМИССИИ И ПРИМЕНЕНИЕ УНИВЕРСАЛЬНЫХ СТАНДАРТОВ ПРАВ ЧЕЛОВЕКА ПО ОТНОШЕНИЮ К ИНОСТРАННЫМ ГРАЖДАНАМ (С УЧЁТОМ ОПЫТА РФ)
THE INTERNATIONAL LEGAL MECHANISM OF READMISSION AND IMPLEMENTATION OF THE UNIVERSAL STANDARDS OF HUMAN RIGHTS TOWARDS FOREIGNERS (WITH REGARD TO THE EXPERIENCE OF THE RUSSIAN FEDERATION)

Summary/Abstract: The purpose of the paper is to study the existing international legal backgrounds of readmission, as well as to analyze bilateral and multilateral treaties in the sphere of migration for compliance with the essential human rights and freedoms. Special attention is paid to implementation of the readmission mechanism towards foreign citizens and stateless persons, who have valid fears of returning to their state of origin. Under these conditions, they fall under the principle of non-refoulement as potential refugees or asylum seekers. Special procedures are established to recognize their status. It is revealed that model treaties on readmission do not specify anything about guaranties for illegally staying foreign citizens and stateless persons, who are sent back by the host state to their states of origin. These treaties also do not comply with the essential human rights and freedoms associated with migration, such as the right to personal security, family reunion/unity, administrative disputes, social and medical services, recourse, applications for assistance of international organizations. Readmission procedures imply simplified solution to the problem of stopping illegal staying of migrants, but they do not accomplish the main purpose of controlling illegal interstate migration. The conclusion is made that the international legal instruments for preventing illegal migration should be combined with the full respect for the universal standards of human rights, which must be reflected in readmission treaties.

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