Public control over migrant workers in Russia: to the problem statement

Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor of the Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Introduction.

The problems of public control are given detailed attention in the works of such scientists as L. A. Spector, ^{[3, pp. 194-196]} V. V. Grib, ^{[5, pp. 2-6]} T. N. Mikheeva, ^{[8, pp. 177-183]} G. N. Chebotarev, ^{[10, pp. 26-34]} as well as a number of other authors. At the same time, an important place in the works of A.V. Cheshin, ^{[4, pp. 196-200]} V. V. Grib, ^{[5, pp. 154-160]} G. N. Komkova, ^{[7, pp. 11-19]} O. V. Pishchulin, ^{[9, pp. 108-110]} and some other scientists is devoted to the study of modern and promising objects of public control. However, the proportion of studies devoted to the adaptation and implementation of this experience in the Russian practice of organizing and functioning of the institute of public control remains low. Currently, an urgent problem in the Russian Federation is monitoring compliance with law and order due to the presence in the country of a significant number of migrant workers, some of whom are in Russia without proper paperwork (illegally). This circumstance determines the choice of the topic of this scientific research, the purpose of which is to develop and substantiate a system of measures to optimize the processes of organizing and implementing public control over objects related to labor migration of foreign citizens and stateless persons.

The methodology and methodology of the study.

In the course of writing this scientific article, a number of general and private scientific research methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The empirical basis of the study was, in particular, the norms of the current legislation on public control, on state environmental control, materials of judicial practice, materials related to the practical activities of subjects of public environmental control.

The main text.

The Institute of Public Control in the Russian Federation, although it was incorporated into Russian legislation relatively recently, but, as we noted in previous studies, ^{[2, pp. 127-130]} has shown itself, on the one hand, as the most effective institution of civil society in the country, and on the other hand, as the most important legal guarantee the implementation, protection and protection of both the entire system of constitutional principles and the system of rights, freedoms and legitimate interests of citizens of the country and non-governmental non-profit organizations.

The organization and functioning of the institute of public control in the Russian Federation are associated with numerous problems, one of which is the definition of the list of objects of public control, which, according to the general rule enshrined in Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation", include actions, acts and decisions of public authorities, state and municipal organizations, as well as other bodies and organizations endowed by federal laws with the right to exercise certain public powers. The legislation on public control did not detail the content of the concept of "separate public powers" in any way. In this regard, the personal composition of objects of public control in the domestic scientific and educational literature, as rightly noted by a number of authors, ^{[6, pp. 154-160]} remains a debatable issue.

In our opinion, the objects of public control in the Russian Federation include public relations related to labor migration of foreign citizens and stateless persons to Russia. What is the reason for the need to include these public relations in the category of objects of public control?

Firstly, labor migration to the Russian Federation currently amounts to millions of people who come seasonally or for a long period of time to Russia from several dozen countries, mainly the republics of the former USSR. Their activities (primarily labor) affect the labor and other rights, freedoms and legitimate interests of citizens of the Russian Federation. Consequently, relations related to the labor migration of foreign citizens and stateless persons to Russia should be covered by public control measures.

Secondly, control over labor migration is carried out in accordance with the Labor Code of the Russian Federation, Federal Law No. 115-FZ dated 07/25/2002 "On the Legal Status of Foreign Citizens in the Russian Federation" by a number of authorized federal executive authorities, whose activities, acts and decisions are objects of public control. At the same time, Article 2 of Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation" removed a number of data from authorized public authorities (for example, internal affairs bodies) from their subject matter under the pretext that public control over them will be regulated by separate federal laws, most of which are based on today is not accepted. This circumstance especially emphasizes the importance and relevance of the organization and implementation of public control over labor migration in Russia.

Thirdly, a significant part of migrant workers work in organizations, enterprises and institutions that are endowed with separate public powers, whose activities, acts and decisions are a priori the object of public control. Moreover, migrant workers are actively involved in a Special military operation, that is, they are allowed to use weapons. This circumstance testifies to the importance of organizing and conducting public control activities in this area.

We believe that public control measures should be carried out in relation to:

Firstly, the authorized bodies of public authority in the field of migration relations.

Secondly, enterprises, institutions and organizations that invite, import and use foreign citizens as labor, as well as stateless persons who previously lived abroad;

Thirdly, the migrant workers themselves.

Fourth, formal (registered with the Ministry of Justice of the Russian Federation), and informal public associations of migrant workers.

It seems that in order to optimize the processes of organizing and conducting public control over public relations related to labor migration, the following system of measures should be developed and implemented:

First, the institution of public control should be formalized in the Constitution of the Russian Federation, specifying its principles, methods, forms, types of measures, a list of subjects and objects of public control, or an exhaustive list of identifying features. At the same time, public relations related to labor migration to Russia of foreign citizens and stateless persons should be attributed to the objects of public control due to their special importance for society and the state in the Constitution of the country.

Secondly, federal legislation regulating the legal status and position of foreign citizens and stateless persons should provide for the need to organize and implement public control measures in relation to public relations related to labor migration of foreign citizens, as well as stateless persons located on the territory of the Russian Federation and performing certain labor duties and functions. The only exceptions should be diplomatic staff, as well as service personnel of diplomatic and consular institutions of foreign states, as well as international governmental organizations of various levels.

Thirdly, the legislation on public control should define a list of subjects of public control authorized to organize and conduct public control in relation to public relations related to labor migration to the Russian Federation of foreign citizens and stateless persons.

At the same time, the general coordination of the processes of organizing and conducting public control measures in relation to the above-mentioned public relations should be entrusted to the Public Chamber of the Russian Federation. In turn, the subjects of public control authorized to carry out the above-mentioned type of public control should include permanent subjects of public control (in particular, public chambers and councils of all levels), as well as specialized subjects of public control in the field of labor relations. In this context, first of all, we are talking about trade unions as the most numerous variety of subjects of public control, covering the entire array of enterprises, institutions and organizations of any organizational and legal forms and forms of ownership. In addition, it is necessary to create a specialized type of subject of public control in the field of public relations related to labor migration to the Russian Federation of foreign citizens and stateless persons. Alternatively, this type of subjects of public control should be called public councils for the control of labor migration of foreign citizens and stateless persons. At the same time, these councils should be represented by three levels: federal; councils under the subjects of the Russian Federation; councils under municipalities. These councils should be given a volume of real powers that will allow them to carry out, on the one hand, the suppression of illegal labor migration, and on the other hand, to protect the rights, freedoms and legitimate interests of migrant workers who have received this status without violating the provisions of the current migration and labor legislation of the Russian Federation.

Fourth, it is necessary to oblige organizations, institutions, enterprises of any organizational and legal form and form of ownership in the Russian Federation, as well as individual entrepreneurs, where employees (on a permanent or fixed-term employment contract, on the basis of other contracts providing for the performance of certain labor functions, performance of works, provision of services) are foreign citizens, and also, stateless persons (stateless persons), create trade union organizations. Trade union organizations must be established in these legal entities and individual entrepreneurs (provided that they have at least three employees) within a month from the moment when the above-mentioned categories of foreign citizens and stateless persons began to perform their work duties. If trade union organizations have not been established in the specified legal entities and individual entrepreneurs within a month, then the Federal Tax Service of Russia, represented by its territorial divisions, must notify them that after 30 days these legal entities will be forcibly liquidated, and individual entrepreneurs will be forcibly closed, if at that time the above-mentioned trade union organizations will not created and registered in accordance with the procedure established by law. These legal entities and individual entrepreneurs should also be subject to an administrative fine in the amount of at least one million rubles for each foreign citizen and stateless person who performed the above-mentioned labor duties and functions in these legal entities and individual entrepreneurs (appropriate amendments and additions in this regard should be made to the Code of Administrative Offenses of the Russian Federation).

Fifth, the Public Chamber of the Russian Federation should be instructed to conduct scientific and practical research on the content and composition of the powers of subjects of public control, which they need and are minimally sufficient for the organization and implementation of public control in relation to public relations related to labor migration to Russia of foreign citizens and stateless persons. These proposals should be unified, systematized and submitted to the Federal Assembly of the Russian Federation for inclusion in the norms of current legislation on public control, on the legal status of foreign citizens and stateless persons located on the territory of the Russian Federation, on labor migration to the Russian Federation.

Sixth, it is necessary to incorporate into Russian criminal and administrative legislation a system of measures of responsibility for countering the legitimate activities of representatives of subjects of public control in the field of public relations related to labor migration to Russia of foreign citizens and stateless persons, since it is no secret that these representatives of public control may be subjected to illegal methods of influence in order to impede their activities in organizing and conducting public control measures over labor migration.

Seventh, it is necessary to strengthen the organizational, legal and logistical base of subjects of public control, which will be authorized to carry out public control measures in relation to public relations related to labor migration to the Russian Federation of foreign citizens and stateless persons. It is no secret that many foreign citizens, stateless persons, who were expelled from Russia for violating migration legislation (including for working without proper permission), did not undergo mandatory fingerprinting procedures and other identification measures. Upon returning to their countries, these persons change their passports and are sent back to the Russian Federation. Therefore, it is necessary to legislate the right and obligation of subjects of public control to carry out procedures for mandatory identification of foreign citizens and stateless persons expelled from the Russian Federation for violation of migration and labor legislation. At the same time, the internal affairs bodies and border services are obliged to report the data of individuals being expelled from the country to the subjects of public control. For law enforcement officials for not providing the specified information to subjects of public control and not creating conditions for fingerprinting and other forms of identification of these persons by representatives of subjects of public control, criminal liability measures related only to deprivation of liberty should be provided for in the Criminal Code of the Russian Federation. This will put a barrier in the way of illegal labor migration in Russia. Subjects of public control, as we have already noted in previous studies, ^{[1, pp. 3454-3463]} should be provided with the necessary equipment and software to carry out the above-mentioned identification measures (fingerprinting of the above-mentioned persons and not only).

Conclusion.

In the course of our scientific research, we have made a number of conclusions:

1. The Institute of Public Control acts as the leading legal guarantee for the realization, protection and protection of the rights, freedoms and legitimate interests of citizens, including in the field of labor relations.

2. The most important object of public control in connection with the current situation of the presence of millions of migrant workers in Russia, both legally and illegally located on the territory of the country, are public relations related to labor migration to the Russian Federation of foreign citizens and stateless persons.

3. Public control should be carried out in relation to: authorized public authorities in the field of migration relations; enterprises, institutions and organizations that invite, import and use foreign citizens as labor, as well as stateless persons who previously lived abroad; labor migrants themselves; formal (registered with the Ministry of Justice of the Russian Federation) and informal public associations of migrant workers.