ARTICLES of rubric«Administrative law, municipal law and the issues of migration»

Petrovskaya M.I. — Systemic problems of administrative and legal regulation of the powers of state bodies in the field of forced migration in Russia (№4, 2023)
Yanik A.A., Popova S.M., Karpova S.F., Nesterov A.Y. — Migration policy adjustments to address the regional labor markets demands: institutional and legal aspects (№3, 2022)
Kochetkova N.D. — Migration Risks as the Factors that Help Define the Main Areas of Prevention During Implementation of the Russian Federation Migration Policy (№6, 2018)
Lipin G.A. — Puculiarities of Administrative Regulation of Migration Processes in the Russian Federation (№5, 2018)

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Reference:

Petrovskaya M.I.. Systemic problems of administrative and legal regulation of the powers of state bodies in the field of forced migration in Russia // NB: Administrative Law and Administration Practice. – 2023. – № 4. – P. 37-49. DOI: 10.7256/2306-9945.2023.4.69246.

DOI: 10.7256/2306-9945.2023.4.69246

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Abstract: The relevance of the research topic consist in the existing systemic problems in the field of forced migration, including the lack of a real coordinating link, unsystematic state policy in the field of social adaptation and integration of forced migrants, and identified problems in statistical activities.
The main conclusions of the study are to substantiate the need for high-quality administrative reform, including the formation of a single coordinating body authorized to carry out coordination functions and determine public administration schemes in various situations, modernize statistical activities, and create a specialized body authorized to carry out functions in the field of social and cultural adaptation of forced migrants and the adoption of the corresponding federal law.
The author’s special contribution is a systematic study of statistical data on forced migration and identification of systemic problems in statistical activities, analysis of the latest legislation in the field of social and cultural adaptation.
The scientific novelty of the study is due to the systematic approach to the study of issues of forced migration as a special category of public administration, different from labor and voluntary migration, the synthesis of law enforcement and protective powers and powers in the field of social and cultural adaptation and integration of forced migrants. This made it possible to analyze the activities of government bodies both from the perspective of suppressing illegal migration and compliance with established administrative procedures, and from the perspective of implementing a unified state policy in the field of social and cultural adaptation and integration, legal education, promoting the prevention of crime, strengthening integration and increasing the positive economic effect from the labor activity of forced migrants.

Keywords: temporary shelter, refugee, administrative procedures, powers, forced migration, forced migrant, social adaptation, public administration, statistics, illegal migration

References:
Lisitsyn, P.P., Tregubova, N.D., & Orlova, N.A. (2021). In search of transnationalism online: a review of sites on migration topics in six languages. Telescope: a journal of sociological and marketing research, 1, 126-132.
Kulesh, E. A., & Likholet, E. N. (2018). On the issue of reforming public administration in the field of migration. Administrative and municipal law, 1, 23-29.
Trifonova, K. V. (2021). The system of executive authorities in the field of migration: current problems and solutions. Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. T. 7 (73). No. 4 pp. 89-99.
Prudnikova, T. A., & Brovko, N. V. (2018). Activities of individual federal executive authorities in the field of migration. Bulletin of Moscow University of the Ministry of Internal Affairs of Russia, 4, 291-293.
Sologub, D.P. (2018). Legal regulation of migration processes in the Russian Federation: historical retrospective.

Reference:
Yanik A.A., Popova S.M., Karpova S.F., Nesterov A.Y.. Migration policy adjustments to address the regional labor markets demands: institutional and legal aspects // NB: Administrative Law and Administration Practice. – 2022. – № 3. – P. 30-57. DOI: 10.7256/2306-9945.2022.3.38474.

DOI: 10.7256/2306-9945.2022.3.38474

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Abstract: The authors aims to analyze the mechanisms used by the Russian federal subjects for affecting the national migration policy based on the regional labor markets' needs. The authors examined the main opportunities of the regions, available to date, for adjusting the decisions of the federal government in the regulating labor migration flows as well as their institutional and legal foundations. The source base of research is an array of strategic planning documents, regulatory legal acts, administrative documents of public authorities of the Russian Federation and subjects of the Russian Federation for the period of 2000-2022.
The authors present a new definition of the concept of "state policy in the labor immigration regulations". Despite the well-known problem of the lack of a clear delineation of the powers and responsibilities of federal and regional public authorities in migration policy, the regions of the Russian Federation have a number of opportunities to participate both in the implementation of state migration policy and in its regulation for answering the demands of regional labor markets. Authors concluded, despite the peculiarities of regional labor markets, the key control parameter of the regional migration policy is the indicator of the level of social tensions on the labor market. In order to meet the key performance indicators established by the federal center, the subjects of the Russian Federation have to manipulate admissions/prohibitions on attracting foreign labor, responding to rapid economic changes. This makes regional migration policy unpredictable and unstable.

Keywords: Patent, Work visa, Subsidiarity, Delineation of jurisdiction, Subject of the Russian Federation, Labor market, Foreign citizen, Migration flow, Migration regulation, Migration policy

References:
Bjerre, L., Helbling, M., Römer, F., Zobel, M. (2015). Conceptualizing and Measuring Immigration Policies: A Comparative Perspective. International Migration Review, 49(3), 555-600. doi: https://doi.org/10.1111/imre.12100.
Rybakovskiy, O. L., Martynenko S. V. (2013). Migration policy of modern Russia: structure and directions. Population, 2(60), 51-62.
Volosenkova, E., Kabachenko, P., Tarasova, E. (2007). Migration policy. Migration management. In Zh. Zayonchkovskaya, I. Molodikova & V. Mukomel (Eds.), Methodology and methods of studying migration processes. Interdisciplinary study guide (pp. 213-236). Moscow: Center for Migration Studies.
Kritz, M. M. International Migration Policies: Conceptual Problems (1987). International Migration Review, 21 (4), 947-964.
Goss, J., Lindquist, B. (1995). Conceptualizing International Labor Migration: A Structuration Perspective. International Migration Review, 29(2), 317-351.
Ullah, A., Rahman, M. (2012). Introduction: Migration policy-theoretica

Reference:
Kochetkova N.D.. Migration Risks as the Factors that Help Define the Main Areas of Prevention During Implementation of the Russian Federation Migration Policy // NB: Administrative Law and Administration Practice. – 2018. – № 6. – P. 23-28. DOI: 10.7256/2306-9945.2018.6.28802.

DOI: 10.7256/2306-9945.2018.6.28802

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Abstract: The subject of the research is the system of social and legal relations arising in the migration sphere of the Russian Federation. The object of the research is the social relations that cause external and internal migration risks in the Russian Federation. The aim of the research is to analyze administrative activity of executive authorities aimed at reduction of external and internal migration risks in the migration sphere of the Russian Federation. The article is devoted to the analysis of general theoretical and practical aspects of administrative activity undertaken by executive authorities in order to ensure migration stability and reduce potential risks of the unfavorable influence of migration on the crime situation in Russia. The author also analyzes various counteractions against illegal migration. The researcher emphasizes the high threat of reinforced terrotist and extermist activity that may be performed by individuals born in the Central Asian countries. The methodological basis of the research includes generalisation of the practical experience, logic and systems analysis methods, monographic, comparative and other research methods. The novelty of the research is caused by the fact that the author brings forth the problems of law enforcement practice in the sphere of prevention of external and internal migration threats. In conclusion, the author offers to improve and reinfoce the control over administrative activity of state authorities in order to ensure migration stability and reduce potential risks of the unfavorable influence of migration on the crime situation in the country.

Keywords: administrative and management activities, police, control, crime situation, migration risks, migration sphere, migration of population, public authorities, terrorism, extremism

References:
Ukaz Prezidenta RF ot 7 maya 2012 g. № 602 «Ob obespechenii mezhnatsional'nogo soglasiya» // Konsul'tant Plyus: [Elektronnyy resurs]. http://www.consultant.ru.
Dlya sravneniya, v 2015 godu v Rossiyskuyu Federatsiyu pribylo 4 734 523 litsa, iz nikh 598 617 chelovek iz zarubezhnykh stran, v tom chisle iz stran SNG 536 157 chelovek, iz stran dal'nego zarubezh'ya pochti v desyat' raz men'she – 62 460 chelovek. Vsego vybylo iz Rossii 4 489 139, migratsionnyy prirost sostavil 245 384 cheloveka. Dlya sravneniya, v 2000 godu, po dannym Rosstata, v Rossii chislo pribyvshikh lits sostavilo 2 662 329 chelovek, a vybyvshikh – 2 420 574 cheloveka, migratsionnyy prirost sostavil 241 755 chelovek. Federal'naya sluzhba gosudarstvennoy statistiki [Elektronnyy resurs] // URL: http://www.gks.ru. Dannye obnovleny na 26.10.2018.
Glavnoe upravlenie po voprosam migratsii MVD Rossii // Statisticheskie svedeniya po migratsionnoy situatsii v Rossiyskoy Federatsii za 12 mesyatsev 2017 goda s raspredeleniem i regionam [Elektronnyy resurs] URL: https://xn--b1aew.xn--p1ai/Deljate

Reference:
Lipin G.A.. Puculiarities of Administrative Regulation of Migration Processes in the Russian Federation // NB: Administrative Law and Administration Practice. – 2018. – № 5. – P. 38-42. DOI: 10.7256/2306-9945.2018.5.26665.

DOI: 10.7256/2306-9945.2018.5.26665

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Abstract: The subject of the research is the provisions of administrative law that regulate labor migration of foreign citizens into Russia, practical implementation of these provisions, and empirical data that describe migration processes. The author of the article discovers patterns of labor migration of foreign citizens into Russia based on the objective analysis of modern administrative law of the Russian Federation and means of implementation of this law. Based on the research results, the author makes suggestions on how to improve efficiency of administrative regulation of the labor migration into the Russian Federation. The author gives a definition of the migration process based on the use of the dialectical research method. In addition, he has also used methods of formal logic and formal law in order to define imperfections in the migration law. The novelty of the research is caused by the fact that the author has carried out a detailed analysis and argumentation of the need to record and analyse causes and terms that influence the migration processes, has defined forms and procedures of administrative regulation. Lipin proves the need to make amendments to a number of federal laws.

Keywords: labor activity, fictitious registration, exit, entry, migrant, migration legislation, migration, migration registration, work permit, administrative expulsion

References:
Stepenko V.E. Osnovnye napravleniya migratsionnoy politiki Rossii na sovremennom etape //Migratsionnoe pravo. 2006. № 1.
Po dannym MVD Rossii. // URL: www.mvd.ru
Po dannym MVD Rossii. // URL: www.mvd.ru
Akt vnedreniya Apparata Pravitel'stva Rossiyskoy Federatsii № B19-29 ot 01.07.2014 g.
Vlasenko I.B., Tuz A.V. Gosudarstvenno-pravovoe regulirovanie svobody peredvizheniya v Rossiyskoy Federatsii. M., 2000, 229 s.
Gerasimenko Yu.V. Konstitutsionno-pravovoy status lits, ne yavlyayushchikhsya grazhdanami Rossii: problemy teorii i praktiki. Monografiya. Omsk: Omskaya akad. MVD Rossii, 2003, 192 s.
Egorov S.A., Akimova S.A. Pravovye i organizatsionnye osobennosti migratsionnoy politiki v ryade zarubezhnykh stran. M., 2013, 135 s.
Mironov A.L., Akimova S.A. Osnovnye napravleniya deyatel'nosti Federal'noy migratsionnoy sluzhby Rossii. M., 2013, 223 s.
Gosudarstvenno-pravovye osnovy migratsii naseleniya v Rossiyskoy Federatsii / Pod red. A.S. Prudnikova, M.L. Tyurkina. M.: YuNITI-DANA, Zakon i pravo, 2006, 480