scholarly journals Legal Basis for the Performance of International Obligations on Readmission in the Russian Federationand the Republic of Finla

2019 ◽  
Vol 6 (1) ◽  
pp. 126-131
Author(s):  
Vladimir Alekseevich Jilkine

Readmission agreements are international obligations affecting substantially the rights and freedoms of individuals and citizens. The increase in the number of victims of terrorist acts and the flow of migrants to Europe have revealed the urgent need to build a new migration policy common for the whole of Europe and to strengthen the counter- terrorism cooperation of intelligence services, including between Western countries and Russia, along with realization of international commitments on readmission. The act of signing the Readmission agreement as well as the executive protocol on the order of implementation of this agreement by the Russian Federation and the European Community has become a significant step in developing the mechanisms to counteract illegal migration. The sources used in the article include the fundamental legal documents in the sphere of securing human rights, the decisions of the European Court of Human Rights, the European Union directives, the national legislative acts of the Russian Federation and Finland, the readmission agreements and executive protocols. The article highlights the legal and conceptual aspects of the readmission institute and the relevant international agreements. The author has undertaken the analysis of the Russian and Finnish legislation on readmission, has suggested recommendations for further improvement of the regulatory legal and organizational framework in this area for efficient implementation of readmission agreements concluded by the Russian Federation and the Republic of Finland, and at the same time, on the measures to respect human rights. Readmission, from the point of view of international practice, is only a technical mechanism used in realization of a decision to forcibly deport a foreign citizen or stateless person from the territory of a state. The world practice of combating illegal migration has shown high efficiency of readmission agreements making possible to deport migrants with unsettled legal status to the states of their citizenship or permanent residence within a limited time.

Author(s):  
Bakhodurdzhon Ismatulloevich Ismatulloev

This article explores the peculiarities of constitutional-legal regulation of the right to freedom of movement and choice of the place of residence, which is the foundation of migration relations in the Russian Federation and the Republic of Tajikistan. Special attention is given to examination of the provisions of constitutional legislation of Russia and Tajikistan regarding regulation of migration, and modern scientific approaches towards understating the possibilities of exercising the right to freedom of movement and choice of the place of residence reflected in the constitutional law of both countries. The main conclusion of the conducted research consists in the statement that the right to freedom of movement and choice of the place of residence is the basic right in the constitutional legal status of modern migrants, which is specified in constitutional legislation of Russia and Tajikistan. Analysis of the legislation of these countries underlines that a common trend became an amendment to the freedom of movement with responsibility of immigrants to migration registration. This requirement of the legislator is aimed at prevention of illegal migration, which is a negative consequence of exercising the right to freedom of movement and choice of the place of residence.


Author(s):  
Aleksandr Podmarev

The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.


2020 ◽  
pp. 100-107
Author(s):  
V. A. Kardanov ◽  
V. N. Kulik ◽  
T. A. Petrova ◽  
V. V. Vulshonok

The issues related to the analysis of export and import of goods between two neighboring states: the Republic of Poland and the Russian Federation have been examined. Relations between the EU countries and Russia to date have been in a significant crisis. Cooperation in the economic field is reduced in the context of mutual sanctions. According to the authors, for the Russian Federation in the near future the main task should be set – economic rapprochement with the countries of the European Union and further negotiations on easing mutual sanctions, since these and other reasons significantly complicate the countertrade in goods and services and impede European integration. It is obvious, that European companies are also interested in normalizing commercial and economic relations. The limitations of non-tariff regulation in foreign trade have been considered also in the paper. It has been concluded on the need to gradually mitigate restrictive measures. And efforts in this direction should be made by both the Russian Federation and the member States of the European Union, including the Republic of Poland.


Upravlenie ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 42-50
Author(s):  
D. E. Barsegyan

The article considers the dynamics and structure of foreign trade of the Russian Federation and the Republic of Serbia, as well as the impact of tariff preferences on foreign trade between two countries. The analysed measures were: dynamics of the Russian Federation’s exports to the Republic of Serbia, dynamics of the Russian Federation’s imports from the Republic of Serbia, tariff preferences applied between countries. The article provides statistical data on the dynamics and structure of foreign trade of the Russian Federation and the Republic of Serbia for 2010–2019 and their dependence on the application of tariff preferences, as well as indicators of trade between the EAEU and the EAEU member states with the Republic of Serbia for 2017–2019. The paper analyses the possible directions of Serbia’s participation in the EAEU and the European Union, assesses the benefits of creating a free trade zone between the EAEU and Serbia, as well as the costs of Serbia’s integration into the European Union. The importance of tariff preferences in the development of foreign trade relations between Russia and Serbia is shown.


2021 ◽  
Vol 118 ◽  
pp. 02020
Author(s):  
Waleed Taha Akram Toghramchy ◽  
Nahro Khasro Hussein

The constitutional and legal status of subjects of various federations is the issue considered by many scientists, but the area of comparative legal research remains poorly studied. The article considers the basics and features of the constitutional and legal status of the subjects of two federations that are at the stage of formation as democratic and legal states: the Russian Federation and the Federal Republic of Iraq. The purpose of the comparative study is to identify common and different elements of the constitutional and legal status of the subjects of two states and to identify on their basis a model of the constitutional and legal status of a subject of a modern, democratic, and rule-of-law state. The work is based on the comparative-legal research method. The study reveals differences in the ways of achieving the goal of building a federal state in the Russian Federation and in the Republic of Iraq. It also determines the foundations and features of the constitutional and legal status of the subjects of the two federations. The analysis of the main constitutional and legal norms establishing the procedure for the division of powers between federal and regional state authorities is carried out. The study results allow concluding that it is necessary to amend the constitutional legislation of the Republic of Iraq in order to expand the constitutional and legal status of the subjects and improve federal relations within the country.


Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 22-24
Author(s):  
Anatoliy N. Sandugey ◽  

The article analyzes the practice of the Ministry of Internal Affairs of Russia from 2018 to 2019 of holding measures aimed at restoring by certain categories of foreign citizens their legal status on the territory of the Russian Federation. It is proposed to consider migration amnesty as one of the means of implementing migration policy. The current legal model of conducting amnesties in the Russian Federation is revealed.


Upravlenie ◽  
2019 ◽  
Vol 7 (1) ◽  
pp. 5-12 ◽  
Author(s):  
Vladimir Volokh ◽  
Irina Gerasimova

The article analyzes the migration situation taking into account the social and economic development of the Russian Federation. The statistical data on labor migration, illegal migration, as well as indicators of demographic development and the labor market have been adduced. The forecast of changing the demographic situation has been considered. The main trends in the distribution of foreign workers taking into account the professional-qualification structure have been revealed. The authors stated the growing role of migration in the formation of labor potential and its placement in the country’s territory. The main legal instrument in the sphere of migration, according to authors, is the Concept of the State Migration Policy of the Russian Federation for the period 2019-2025, approved by the President of the Russian Federation, which defines the goals, principles, tasks, main directions and mechanisms for implementing the state migration policy of the Russian Federation. The implementation of the Concept activities will improve the migration legislation, using labor market tools related to determining the needs of the Russian economy for foreign workers, simplifying the entry, exit and stay of qualified foreign specialists, entrepreneurs and investors, and the development of educational and academic migration. Improving the mechanisms for foreign citizens to work on the basis of patents from Russian individuals, to facilitate the territorial mobility of Russian citizens are important aspects of the state migration policy. First of all, economic trends in the management of the state migration policy should be aimed at a balanced distribution of labor resources in the territory of the Russian Federation. Special attention has been paid to the international cooperation in the migration field. Attention has been paid to international treaties, aimed at the implementation of labor activity of migrants, the suppression of illegal migration, as well as international treaties on readmission. The prospects of effective management of migration processes in the Russian Federation on the basis of interaction of various levels of power have been determined.


Author(s):  
M. N. Dubinin

The article examines certain aspects of the formation of statehood in the Republic of Crimea after joining the Russian Federation. The author analyzes the historical aspects of the formation of the system of executive authorities of the constituent entity of the Russian Federation, establishes the historical relationships and continuity of the executive authorities of the Republic of Crimea during the stay of Crimea as part of Ukraine and after the events of the «Crimean spring». A systematic approach is applied, which allows transforming the system of executive authorities into an object with its own structure of structure, structure of organization, structure of functioning. The article examines the status of the Council of Ministers of the Republic of Crimea in the structure of government bodies, its powers, and the procedure for its functioning. The article analyzes the norms of the legislation of the Russian Federation and the Republic of Crimea, which regulate the formation and activity of the Council of Ministers of the Republic of Crimea.


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