Characteristics and Causes of Commission of Crimes by Foreign Nationals Who Served a Custodial Sentence

Purpose: the purpose of research is to examine the legal status of foreign nationals who are released from imprisonment, in respect of whom decisions are made by a competent federal executive body on the undesirability of their stay (residence) in the Russian Federation, with a view to improving legislation on the legal status of foreign nationals. Design/methodology/approach: the goal of research was achieved through the use of general scientific and specific scientific research methods, comprehensive, complete and objective analysis of statistical data, as well as domestic and foreign statutory regulations existing in the law enforcement practice. Findings: the conclusions about the uniform trends in domestic legal thought and law-making practice in respect of criminal activity of ethnic groups conducting their activities both in and outside Russia have been formulated. The need to reintroduce the concept of “recidivist” into penal legislation, and, accordingly, enhance legal measures against foreign nationals who served a custodial sentence, has been justified. Originality/value: The poorly elaborated migration policy allows international crime to invade our state, which is the main external cause of the increase in crimes committed by foreign nationals. Studying quantitative and qualitative characteristics of recidivism of foreign nationals contributes to the development of a crime prevention system, which exerts significant influence on the decrease in recidivism, reduces the burden on the penal system, prevents the criminalization of an individual and ultimately contributes to a decline in crime in society. © 2021, Springer Nature Switzerland AG.