On some issues of the application of Article 322.3 of the Criminal Code of the Russian Federation "Fictitious registration of a foreign citizen or stateless person at the place of stay in the Russian Federation"
The state migration policy of Russia is aimed at ensuring national security, solving demographic and economic issues by regulating migration flows, improving migration legislation and tightening liability for its violation. The migration situation in the Russian Federation is stable, but official statistics do not reflect the extent of illegal migration. Results. Chapter 32 of the Criminal Code of the Russian Federation provides for four offenses in the field of migration, of which the largest number of recorded crimes is fictitious registration of a foreign citizen or stateless person at the place of stay in the Russian Federation. There is a positive trend in the number of registered and pre-investigated crimes under article 322.3 of the Criminal Code of the Russian Federation, however, based on the analysis, including judicial practice and gaps in the migration legislation, problematic issues of enforcement of the indicated article of the Criminal Code of the Russian Federation were identified in terms of determining the subject of the crime, considering the totality of crimes as one lasting, applying the incentive norm, as well as qualifying the act as a whole. Conclusions. In order to improve the enforcement of Article 322.3 of the Criminal Code, the author proposed ways to improve the criminal law, noted the need for the Plenum of the Supreme Court of the Russian Federation to accept clarifications on problematic issues of qualifications in cases of fictitious registration of a foreign citizen or stateless person at the place of stay in the Russian Federation.