Illegal Migration and Human Trafficking: Distinctive Features and Interrelations

This article examines the legal issues of genuine migration. Its scale is noted, representing one of the most serious problems characterizing mixed migration flows. It has been documented in almost all countries accepting migrant workers. Examining the definition of "illegal connection" from a legal perspective, the author concludes that the concepts of "illegal" and "illegal" migration are synonymous, having the same meaning. It is noted that the entry, stay, or unofficial work activity of migrant workers in all cases has the same legal consequences—that is, a violation of established state regulations, which simultaneously constitutes illegal migration. The author also examines the distinctive features and connections between human trafficking and genuine migration. Analyzing international and national law, as well as scholarly opinions, the author defines the concept of "illegal connection," identifies the connections between the activities of traffickers and those of unofficial connections, and their points of contact. The author formulates the distinctive features of these offenses, substantiates their positions with generally accepted evidence, and formulates law enforcement practice. It is concluded that the acts of human trafficking and illegal migration are classified as inventions of acts. First, human trafficking can be committed by crossing state borders, using a second act (a temporary border crossing), or without crossing a state border. Illegal migration can begin with or without the participation of traffickers, with the consent and will of the immigrant, via an illegal border crossing, or even independently, without such accomplices. In any case, its primary characteristic is crossing the border of a specific state.