Journal of Siberian Federal University. Humanities & Social Sciences: Compliance with the Balance of Private and Public Interests During Expulsion of Foreign Citizens

Journal of Siberian Federal University. Humanities & Social Sciences / Compliance with the Balance of Private and Public Interests During Expulsion of Foreign Citizens

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Andreychenko, Elena E.
Contact information: Andreychenko, Elena E.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords: expulsion; migrants; balance of private and public interests; prescribe by law; legitimate aim; necessary in a democratic society; limitation of rights and freedoms; public interest; private interest; proportionality
Abstract: The article determines criteria for restricting the rights and limits of the state intervention in the privacy of foreigners when expelled from the host country. The author believes that the migration policy is carried out by the state independently, and the restriction of entry and exit is aimed at protecting its own citizens and maintaining law and order. Expulsion must be provided for by the law, it is necessary in a democratic society and must pursue a legitimate aim, and the law must meet certain qualities of the law. The decision on expulsion must be made by the competent authorities in compliance with the balance of public and private interests. The author recommends that the national courts take into account the decisions of the European Court of Human Rights considering a subsidiary nature of its decisions
Pages: 938-946
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33318