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THE ORDER OF CONSIDERATION OF CASES RELATED TO THE MIGRATION FIELD IN ADMINISTRATIVE COURT PROCEEDING: CURRENT LEGISLATION REVIEW

Annotation

Aspects of migration processes consideration in administrative court proceeding are discussed. It is revealed that such cases include cases referred to in paragraph 2 of part 2 of article 1 (administrative cases on protection of violated or disputed rights, freedoms and legitimate interests of citizens, rights and legitimate interests of organizations, arising from administrative and other public legal relations), and cases cited in paragraph 4 of part 3 of article 1 of the Code of Administrative Court Proceeding of the Russian Federation (administrative affairs associated with the implementation of compulsory judicial control over observance of the rights and freedoms of man and citizen, rights organizations during the implementation of separate administrative power requirements for individuals and organizations). Features of consideration of cases of the first group are reflected in chapter 21 and chapter 22 of the Code of Administrative Court Proceeding of the Russian Federation. Features of consideration of administrative cases on temporary accommodation of a foreign citizen subjected to deportation or readmission, in a special institution or for the extension of the time spent in this institution, established in chapter 28 of the Code of Administrative Court Proceeding of the Russian Federation. Differences between groups of these cases are analyzed. An indicative list of issues in the field of migration, which can be challenged by citizens and organizations, are presented. Problematic aspects of cases about the temporary accommodation of a foreign citizen subjected to deportation or readmission, in a special institution or to extend the period of stay in the institution are mentioned.

Keywords

administrative court proceeding; judicial control; migration; migration processes; readmission

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UDC

342

Pages

117-127

Received

2017-08-11

Section of issue

Review of legislative and law-enforcement practice

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