Administrative and municipal law - rubric ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROBLEMS OF MIGRATION

Abstract: The article presents the results of the analysis of the fundamental documents of the migration policy of the Russian Federation of the last 30 years, the purpose of which was to identify changes in the fundamental approaches of the authorities in relation to migration and the corresponding legal and institutional changes. An array of normative legal acts of the Russian Federation from 1989 to 2023 (about 100 documents), concepts of migration policy, materials of speeches by the Head of State, meetings of various interdepartmental commissions and high-level profile working groups were used as sources. The study used comparative legal analysis; content analysis; synchronous analysis; general logical approaches and methods. The obtained results allowed us to identify seven stages of the evolution of the Russian migration policy. The boundaries in which the "fluctuation of the course" of migration policy occurs are determined. It is shown that the priorities that the migration policy should correspond to are equally significant, but competing, which leads to inconsistency of the measures taken. It is noted that in recent years, migration policy has been increasingly using adaptive management technologies, which contains risks for long-term goal-setting. The definition of the concept "limits of policy variability" is given. It is concluded that it is necessary to develop a long-term Strategy of the state migration policy, which will take into account the systemic nature of the phenomenon of migration and the multilevel effects that arise as a result of the impact on the migration situation.

Keywords: Migrant, Labor migration, Labor market, Demographic crisis, Net migration rate, Migration flow, Migration policy, Digitalization, Adaptive management, Russia

DOI: 10.7256/2454-0595.2017.8.23687

Abstract: The article considers the issues of public management of such a large scale migration process as external labour migration complicated by a foreign element. The author analyzes the positive experience of the People’s Republic of China, which makes progress in attracting and using highly skilled foreign specialists in its economy. The research subject is the effectiveness, peculiarities and means of managerial activity of the Chinese executives, and the provisions of statutory acts regulating the process of labour migration of foreign nationals in China. The author uses the set of general scientific methods of cognition (analysis, analogy and generalization of scientific data), and specific methods (comparative jurisprudence, the formal-legal method and functional analysis). The scientific novelty of the research is determined by the fact that the author is the first to attempt to study the positive experience of the People’s Republic of China in the regulation of labour migration. It is believed reasonable to develop and introduce a unified work permit in Russia for foreign citizens using China’s experience. It would significantly simplify the work of executive authorities, reduce document flow and eliminate redundant bureaucratic hurdles and corruption risks.

Keywords: foreign experts, labour migration, migration processes, executive authorities, State Council, China, public management, work permit, merit point system of selection, foreign experience

DOI: 10.7256/2454-0595.2021.6.32445

Abstract: This article is dedicated to substantiation of the specificity of public administration in the sphere of forced migration; reveals the specifics of this type of migration and peculiarities of its administrative-legal regulation. The goal lies in obtaining the theoretical conclusions and developing practical recommendations for the improvement of the system of governance of forced migration in Russia. The object of this research is public administration in the sphere of forced migration. The subject is a set of norms of administrative law of the Russian Federation that establish general provisions of the governance of forced migration, as well as determine the actors, institutions and mechanisms used in the process of ensuring the functionality of the system of acceptance of forced migrants. Within the framework of this research, the author outlines the methods for solve the identified problems in the sphere of governance of forced migration in Russia. Analysis is also conducted on recent changes in legislation that have not previously become the subject of a separate research. The ongoing developments in the sphere of forced migration are examined for the first time since delegation of powers in this sphere to the Russian Ministry of Internal Affairs.

Keywords: Ministry of Internal Affairs of Russia, migrant, administrative law, Russian Federation, administrative regulation, public administration, refugees, migration, forced migration, shelter

DOI: 10.7256/2454-0595.2020.2.32375

Abstract: This article explores the issues of legal regulation of migration processes, with attention paid to the fact that this issue carries a global character, since migration determines social and economic development of the country. Its various segments are highlighted which are logically interconnected and form a uniform migration process. The social and economic significance of migration and importance of legal regulation of such relations is proved. The article substantiates the thesis that the efficiency of legal regulation of migration relations is predefined by the quality of management in this sphere. The need is justified for a more flexible order of regulation of migration relations, and proposals are made on development of internal migration process. Attention is turned to the practical functionality of the principles of administrative-legal regulation of migration relations. The authors underline the causes preventing the intensification of the internal migration process, as well as substantiate the importance of the principles that constitute the the system of legal influence; thereupon, the work defines the system of principles of migration regulation.

Keywords: flow, process, movement, market, security, state, politics, migrant, migration, deportaciy

DOI: 10.7256/2454-0595.2017.6.23496

Abstract: The research subject is international tendencies and national mechanisms of guaranteeing the rights of migrant domestic workers in the context of their adaptation to new social relations for national security protection. Migrant domestic workers are the most vulnerable category of labor migrants, which is explained both by their gender and by the peculiarities of their work. Multiple exploitation (by employers, families and the state of origin), isolation determined by the specificity of work (especially connected with home care), complicated family relations – these factors have negative impact on psychological and physical condition of migrant domestic workers, increasing the risk of negative influence of asocial persons, formation or aggravation of mental diseases. To acquire the most reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical, hermeneutical approaches) and specific methods of legal cognition (comparative-legal and formal-legal methods). Taking into account the specificity of the research subject, the author applies the interdisciplinary approach based on sociological data. The impossibility to realize public supervision in the sphere of migration and protection of labor, low level of legal culture and religion-based legal consciousness of most migrant domestic workers are the factors of their involvement in extremist (terrorist) activities. Therefore, it is critically important to implement the state policy aimed at adaptation and involvement of migrant domestic workers in social relation using the activities of social organizations, cultural and national centers, labor unions, etc. It is necessary to as soon as possible ratify the Convention No 189, containing minimum labor standards for migrant domestic workers, and, taking into account the experience of Canada, successfully realizing the Live-in Caregiver Program, to develop a state program of adaptation of migrants with regard to the peculiarities of work of migrant domestic workers.

Keywords: Canada, migration, exploitation, international labour standards, migrant domestic worker, human rights, national security, labor contract, extremism, terrorism

DOI: 10.7256/2454-0595.2017.1.21505

Abstract: The research subject is the system of various statutory instruments regulating the possibility and legality of the internal affairs bodies’ decisions on the undesirability of residence of foreign nationals in the Russian Federation. The author considers the problem from the position of internal affairs bodies participation in the process of migration regulation and state security provision via control and supervision mechanisms in the considered sphere. The research is based on the analysis of the current Russian legislation, detection of its gaps, prognostication of the related problems and defining the directions of improvement of particular legal provisions in the considered context. The author, on the one hand, detects and systematizes the key statutory instruments in this sphere in respect of internal affairs bodies, and on the other hand, particularizes the existing legislative gaps. This issue hasn’t been studied in the context of internal affairs bodies’ activities so far.

Keywords: request, administrative expulsion, deportation, undesirable residence, police, legal status, stateless person, foreign national, security, migration

Abstract: This article studies the features of administrative and legal mechanism of migration registration, in particular, legal grounds for the registration of foreigners and persons without citizenship. The article also describes the goals and grounds for their registration and features of migration registration of particular categories of foreign citizens and persons without citizenship.

Keywords: migration registration, information system of migration registration, foreign citizen, person without citizenship, foreigner, multiple citizenship, service, police, Federal Migration Service, control, emigration.

DOI: 10.7256/2454-0595.2017.4.22846

Abstract: The article studies social relations emerging in the process of enforcement of rights of migrant workers in the context of the struggle against HIV/AIDS. The author outlines the peculiarities of the legal mechanism of enforcement of their rights: active involvement of employers and their organization, social organizations and labor unions. The author studies international recommendations and tendencies of participation of labor inspectors, and the aspects of their interaction with employers and labor unions in the mechanism of enforcement of rights of migrant workers in the struggle against HIV/AIDS. The author emphasizes the coordinating role of labor inspections in enforcement of rights of migrant workers by employers and labor unions. To acquire the most reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical and hermeneutical) and specific research methods (comparative-legal and formal-legal). These methods are used in complex. Labor inspectors play a special role in enforcement of rights of migrant workers in the struggle against HIV/AIDS. Their influence and force of conviction promote the development and introduction of special programs in companies; they are authorized to organize inspections and to oblige employers to observe international standards of the struggle against HIV/AIDS. At the present moment, the role of labor inspectors has transformed from the merely controlling to coordinating. They can play a significant role in enforcement of rights of workers involved in informal economy. The activities of labor inspectors lead to the implementation of the tripartism principle, typical for the regulation of labor by means of educational programs and courses for employers and employees.

Keywords: informal economics, ILO, tripartism, human rights, HIV/AIDS, migration, labor inspection, employment, decent work, migrant worker

DOI: 10.7256/2454-0595.2016.1.15567

Abstract: The author carries out the brief review of changes in migration legislation. On January 11, 2015 the Federal Law of 31.12.2014 No 515 came into force; it amended the article 4.1 of the Code of Administrative Offences of the Russian Federation. Particularly, it provides the possibility to reduce, in particular cases, the sum of an administrative fine, which doesn’t exceed the minimal rate, prescribed in chapter II of the Code. The abovementioned Federal Law enforces the Decree of the Constitutional Court of the Russian Federation of 25.02.2014 No 4-P, providing for the possibility to impose the fine, which is lower than the lowest rate, prescribed in the provisions of the corresponding norms of the Code. The author of the study applies various scientific methods, including the method of comparative analysis of federal and regional legislation. Actual admission to work for a foreigner without a work permit is considered as the violation of order of foreigners admission to work in Russia (clause 1 of the annotation to art. 18.15 of the Code of Administrative Offences of the Russian Federation). In this case, the fact of work contract conclusion is not important. Registration of labor relations with a foreigner without a work permit is not considered as admission to work (clause 20 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation of 17.02.2011 No 11). Consequently, such a situation doesn’t contain infringement of the law and the reasons for imposing administrative liability on the employer according to part 1, art. 18.15 of the Code of Administrative Offences.

Keywords: employer, period of validity, work permit, patent, administrative responsibility, reduce the penalty, Migration law, citizenship, foreign citizen, Migration

DOI: 10.7256/2454-0595.2016.1.67346

Keywords: Migration, foreign citizen, citizenship, Migration legislation, reduce the fine, administrative liability, patent, work permit, term of validity, employer

DOI: 10.7256/2454-0595.2023.5.48473

Abstract: The object of this work is the social relations developing in the field of forced migration. The subject of this work is social relations formed in connection with the implementation of public administration in the field of forced migration. The purpose of the work is to develop proposals and recommendations for improving the current legislation in the field of forced migration The methodology of the work is determined by the specifics of the issues under consideration. The methods of analysis and synthesis were used in the analysis of state-legal and social phenomena in the field of forced migration, statistical methods for establishing patterns and analyzing the dynamics of the development of state-legal institutions over time, deduction and induction, as well as formal legal methods in the formulation of conclusions and proposals. The main aim of the study is to identify the basic problems of public administration in the field of forced migration associated with the lack of signs of consistency in the activities of state bodies in the field of forced migration. In particular, this is manifested in the insufficient implementation of the functions of adaptation and integration of forced migrants. Attention is also paid to the complexity of administrative procedures and the declining social non-demand for refugee status. A special contribution of the author is a comprehensive consideration of the problems of forced migration both through the prism of state and public interests, and in the context of the interests of forced migrants. The novelty of the research lies in the analysis of forced migration processes through the prism of potential partnership relations between the state, society and forced migrants, focusing on the issues of social adaptation and integration of forced migrants as a necessary condition for their social integration and the prevention of crime in their environment.

Keywords: forced migrant, migration, refugee, forced migration, economic integration, economic adaptation, social integration, social adaptation, public administration, illegal migration

DOI: 10.7256/2454-0595.2014.7.12275

DOI: 10.7256/2454-0595.2014.7.65181

Abstract: Administrative legal aspects of stay of foreign citizens in the territory of Russia traditionally draws attention of the modern researchers. However, the legal literature shows lack of works devoted to the comprehensive analysis of the relevant administrative legal regime. That is why, analysis of some tendencies of formation and development of the legislation on administrative legal regime of stay of foreigners in the territory of the Russian Federation is of interest for the researchers, since it allows to reveal the main historical development vectors of this administrative legal regime in Russia, to see the correlation between history and modern time, inevitably influencing the current legal accents in this sphere via the mechanisms of national legal socio-code and the national legal conscience. This article concerns the main stages of formation and development of the legislation on administrative legal regime of stay of foreigners in the territory of the Russian Federation, singling out some historic patterns of “pendulum-like” swings of vectors of the public administrative legal policy of the state in this sphere. In order to guarantee internal and external security, to protect its citizens from possible threats a modern sovereign state has a right to and is obliged to implement control over the foreign citizens staying in its territory in order to guarantee their compliance with the lawfulness and legal order. For this purpose the reasonable administrative legal regime for the stay of foreigners may be introduced, and it may be changed in accordance with the needs of the historical moment and the inherent interests of the state and its citizens.

Keywords: administrative legal regime, administrative legal status, foreign citizens, territory of Russia, formation of the legislation, stay, foreigners in Russia, “closing the borders” of the state, regulation, relations.

DOI: 10.7256/2454-0595.2016.10.20146

Abstract: The article considers the issues of administrative responsibility for the violation of the rules of stay in the Russian Federation for foreign citizens. The author notes that the problem of migration is very significant in modern Russia. To ensure law and order in the sphere of migration, the measures of administrative coercion are widely used, particularly, the measures of administrative responsibility. Law enforcement practice has revealed the problem of existence of various approaches to the imposition of administrative responsibility on Russian citizens, married to foreign citizens (article 18.9 “Violation of entry regulations or rules of stay in the Russian Federation by a foreign citizen or a stateless person” of the Administrative Offences Code of the Russian Federation), and Russian citizens, married to Russian citizens (article 19.15.1.”Residence of a citizen of the Russian Federation at a place of stay or a place of residence without a registration” of the Administrative Offences Code of the Russian Federation). This difference is of a discriminatory nature; it contradicts the provisions of the International Covenant on Civil and Political Rights and the Family Code of the Russian Federation. The legislator should make efforts to eliminate this difference. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical) and the special methods of sociology (statistical methods, expert assessments, etc.). The author concludes that at present, it is necessary to improve legal and organizational grounds of realization of administrative responsibility measures in the sphere of migration. The author concludes about the necessity to improve the quality of migration policy implementation in the Russian Federation.

Keywords: migration policy, responsibility, punishment, deportation, exclusion, migration, problem, foreign citizen, coercion, rule

DOI: 10.7256/2454-0595.2016.10.68255

Keywords: migration policy, responsibility, punishment, deportation, exclusion, migration, problem, foreign citizen, coercion, rule

DOI: 10.7256/2454-0595.2014.9.12712

DOI: 10.7256/2454-0595.2014.9.65455

Abstract: This article is devoted to the key legislative changes regarding responsibility for violations of migration legislation, which came into force in the second half of 2013. Administrative legal regulation of migration of the population is among the most topical problems in the sphere of state administration. It is due to a number of matters: demographic problems, insufficient theoretical development of role and place of migration processes in the demographic development of the Russian Federation. These problems along with some other problems provoke a range of negative consequences in the sphere of guarantees of rule of law, as well as in the sphere of social and economic development of the state. For an efficient solution for the migration problems, such as organizing the labor market, lowing the level of crime, there is need for the constant monitoring of legal practice, analysis of the current situation and forecasts regarding development of the migration processes. The methodological basis for the dissertation was formed with the modern achievements of the theory of cognition. In the process of study the author involved general philosophical, theoretical methods (dialectic, systemic methods, analysis, synthesis, analogy, deduction, induction, observation, modeling), traditional legal methods (formal logical), as well as methods used in the specific social studies (statistical, expert evaluation, etc.). With every year illegal migration draws more and more attention of government bodies. The Government annually revises the issues of migration in various context, defining quotas for the attraction and use of foreign workforce in the Russian Federation, it also deals with a number of other issues in the sphere of migration policy implementation. However, in spite of the measures being taken, it is too early to state that the global problems in the sphere of migration guarantees have been solved.

Keywords: migration, politics, migration, responsibility, coercion, police, strengthening, Federal Migration Service, Ministry of Internal Affairs, control.

DOI: 10.7256/2454-0595.2015.11.16868

Abstract: The article considers the role of study of the bases of Russian legislation, and testing as a means of adaptation of foreign nationals to socio-cultural conditions in Russia. The authors note that the preparation for tests for residence permit requires a more thorough study of subjects in comparison with those for migrants applying for a work permit or a patent. Special attention is paid to the methodology of compositing the tests whose results will allow the foreign nationals not only to test their knowledge, but also to learn the course better. The authors apply the universal dialectical method of cognition and various special scientific methods: logical-legal, historical, comparative-legal, system-structural analysis, statistical and special sociological methods. The authors conclude that testing is aimed not only to evaluate the acquired knowledge, but also to encourage the study of the material. The very structure of the tests and the understanding of their content play an important role in education and assistance to foreign nationals in their aspiration for becoming full members of the Russian society.

DOI: 10.7256/2454-0595.2015.11.67090

Keywords: Foreign nationals, ethno-cultural isolation, integration, adaptation, basic legislation, module, residence permit, exam test, requirements, testing

DOI: 10.7256/2454-0595.2014.11.13456

DOI: 10.7256/2454-0595.2014.11.65684

Abstract: This article is devoted to the review of certain practical problems of foreign nationals obtaining residence permits. First of all, it carries out an analysis of the court decision admitting that the absence from the list of the documents confirming the legal source of means of subsistence of the certificate confirming a deposit in a banking institution is inconsistent with the law. On the basis of the subject matter of the article, the analysis of the Regulation on the Procedure for Considering the Matters Related to Russian Citizenship, the Administrative Regulation on the Provision by the Federal Migration Service of the State Service Related to Issuance to Foreign Nationals and Stateless Persons of Residence Permits in the Russian Federation and other rules and regulations was carried out. Methodologically, the article is based on the modern achievements of the cognition theory. In this research, the theoretical, general philosophical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), and the methods used in specific sociological research (statistical, expert review etc.) were applied. The article notes that administrative-law regulation of migration is one of the most pressing problems in public administration. This is due to a number of reasons: demographic problems, insufficient theoretical work previously conducted in relation to the role and importance of migration processes in the demographic development of the Russian Federation. These and other problems result in a whole range of negative consequences in law enforcement and the social and economic development of the country. Each year, illegal migration requires more and more attention of governmental authorities.