Trends in the Development of Migration Legislation in the Context of Modern Challenges

2020 ◽  
Vol 2 (1) ◽  
pp. 36-58
Author(s):  
L. V. Andrichenko ◽  
◽  
I. V. Plyugina ◽  
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Legal Regulation ◽  
The State ◽  
Special Role ◽  
Stage Of Development ◽  
Time Migration ◽  
Mass Migration ◽  
The Russian Federation ◽  
Migration Flows

Introduction. The change in the paradigm of regulating migration processes in the Russian Federation in the early 1990s, the liberalization of the general approach to ensuring the right to freedom of movement, the choice of place of residence; they all dictated the beginning of the current stage of development of migration legislation. For nearly thirty years, the general array of legal acts grew, individual institutions of migration legislation were modernized under the influence of political, socio-economic and other factors, and the legal means of counteracting current challenges and threats was improved. Materials. Methods. The complex nature of migration legislation is due to both the versatility and the multi-level character of the relationships that develop as a result of various relocations of population. Like any other branch or institution, migration legislation is not without its flaws; it has its own problems and defects that need to be resolved. Nevertheless, it can be stated that today its setting up has, in general, been completed, and this allows us to formulate a scientifically- based assessment of its effectiveness and identify key trends for further development. The purpose of this study is to analyse the overall dynamics of the development of migration legislation, to identify the main trends in the legal regulation of its individual sub-sectors, as well as to develop recommendations aimed at overcoming the identified problems. Results. The study showed a close relationship of the state migration policy with its economic, demographic and ethnocultural policies. The role of external migration, as the most important compensatory mechanism for reducing the population of the country, is noted. At the same time, migration can be considered not only as a particular resource of a country’s economic and demographic development, but also under certain conditions it can be perceived as a security threat to the state, its population, territory, especially if the migration policy is inconsistent, or if there is a significant gap between conceptual grounds and migration management practices. Discussion and Conclusion. The factors that influence the development of Russian migration legislation are revealed, among which a special role is played by the openness of migration space and the intensity of migration flows, the associated active involvement of Russia in world migration processes, the participation of the Russian Federation in interstate integration, the preservation of uncontrolled migration, etc. The article examines the details of the development of individual sub-sectors of migration legislation, the allocation of which is associated with the regulation of basic directions and types of migration, especially of foreign labour migration as the main mass migration flows; voluntary resettlement to the Russian Federation of compatriots living abroad; forced and educational migration. Summing up, it can be stated, that the increase in efficiency in the development of migration legislation is connected with the need for its precise systematization, including the perceived shortcomings of a categorical and conceptual apparatus, the chaos and imbalance in the use of legislative forms by which it develops – all of which which prevent migration legislation from becoming a fully-fledged branch of Russian legislation.

scholarly journals THE MIGRATION APPROACH TO THE ASSESSMENT OF TRENDS IN THE REGULATION OF THE PROCESS OF ATTRACTING WORKING-AGE FOREIGN POPULATION IN THE TERRITORY OF THE REGION TAKING INTO ACCOUNT THE SOCIO-ECONOMIC SITUATION AND SELECTED TARGET PRIORITIES OF DEVELOPMENT OF TERRITORIES

2020 ◽  
pp. 107-116
Author(s):  
Дарья Викторовна Гризовская ◽  
Галина Константиновна Лапушинская
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Migration Policy ◽  
Integrated Approach ◽  
The State ◽  
Economic Situation ◽  
Industrial Transformation ◽  
Labor Migrants ◽  
Stage Of Development ◽  
The Russian Federation

В статье объектом исследования являются миграционные процессы и инструменты их регулирования. Предмет исследования связан с тем, что в исследованиях миграционных потоков часто не учитывается сложность и комплексность этих социально-экономических процессов, требующих социологических, исторических, демографических и других подходов к их анализу. Кроме того, исследования осуществляются без учета различий в целевых ориентациях субъектов, вовлеченных в миграционное регулирование, что принципиально, по мнению авторов, для принятия управленческих решений в миграционной сфере. Государство, субъекты Федерации, промышленные компании, ориентированные на привлечение трудовых мигрантов, иностранных работников и жителей территории (автохтонов), имеют различные, в большинстве случаев противоречивые побуждающие миграционные мотивы. Поэтому целью исследования является выработка комплексного, целеориентированного подхода к анализу возможного инструментария миграционного регулирования (миграционной политики) РФ на основе оценки существующей мировой практики. Инструментально-методический аппарат исследования базируется на комплексном подходе, в рамках которого уточнено понятие миграции как объективного фактора, обеспечивающего развитие региональной экономики. Авторы исходят из того, что миграция представляет собой целеориентированный процесс, заключающийся во въезде в страну иностранных граждан, основными мотивами которых являются определенные целевые установки по пребыванию ими на избранной территории, и оказывающий положительное (возможности развития) или негативное (усиление рисков) влияние на условия экономического развития региона. Научная новизна исследования представлена разработкой предложений по совершенствованию инструментов регулирования процессов привлечения иностранных кадров для Тверской области и допускающих их использование в субъектах РФ, исходя из ориентации действий на специализацию и выбранные целевые приоритеты развития территорий. The current stage of development of society and the state is characterized by a change in the role of the migration factor in the socio-economic development of territories. Given the decline in the share of the able-bodied population, a large share of low-skilled labor, and the need to implement national projects aimed at changing the demographic background of the state, which are primarily expressed in stimulating the birth rate growth, the Russian Federation is faced with the task of attracting labor migrants capable of supporting the industrial transformation of the Russian economy. In this regard, migration processes and tools for their regulation are becoming an important object of research. This does not take into account the complexity of socio-economic processes and emerging sociological, historical, demographic and other approaches to the analysis of migration processes, often inconsistent with each other. In addition, studies are carried out without taking into account differences in the target orientations of the subjects involved in migration regulation, which is a necessary element in making managerial decisions in the migration sphere, as the state, constituent entities of the Federation, and industrial companies focused on attracting labor migrants, foreign workers, and residents of the territory (autochthon) have various, in most cases, contradictory motivational migration motives. As a result, a study aimed at finding an integrated, goal-oriented approach to the analysis of possible tools of migration regulation (migration policy) of the Russian Federation based on an assessment of existing world practice seems to be most relevant. The instrumental and methodical apparatus of the study is based on an integrated approach, within which migration is considered as a goal-oriented process that has characteristic components and is influenced by objective and personalized factors that depend on the conditions of the socio-economic situation in the development of the territory, and also combines various methods of scientific knowledge: system analysis, comparative, economic and statistical, grouping, benchmarking, etc. In the course of this study were developed us suggestions to improve the regulation of migration processes in the Russian regions, based on the orientation of the action on the selected specialization and targeted development priorities of the territories.

CONSTITUTIONAL VALUES AT A NEW STAGE OF DEVELOPMENT OF THE BASIC LAW OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 60-68 ◽  
Author(s):  
MARAT SALIKOV ◽  
MAXIM GONCHAROV
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Stage Of Development ◽  
Basic Law ◽  
Russian State ◽  
The Russian Federation

the article examines the changes in the Basic Law taking place in the Russian Federation and their impact on the legal regulation of the constitutional values of the Russian state.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals Historical and cultural standard and teacher’s professional training within the course of the civil identity formation (formulation of the problem)

2021 ◽  
Vol 10 (3) ◽  
pp. 265-268
Author(s):  
Stanislav Gennadyevich Malkin
Keyword(s):  
Identity Formation ◽  
Educational Policy ◽  
Russian Federation ◽  
Professional Training ◽  
Historical Memory ◽  
Legal Regulation ◽  
The State ◽  
Common Denominator ◽  
Historical Education ◽  
The Russian Federation

The paper is devoted to the role of the state educational policy within the course of the Russian civil identity formation. The focus of the study is on the evolution of the aims of the authorities in matters of the historical education and historical memory, their norm-legal regulation and institutional support, as well as real educational practices. The introduction of the historical and cultural standard for teaching the school course of the history is considered as a collective attempt by the authorities and society to lead historical and educational policies to a common denominator in terms of the content and value. A special accent in the paper concerns the problems of the teacher professional training for the implementation of the state historical and educational policy of the Russian Federation within given framework, considering the specifics of the contemporary informational space. It attracts attention to the close ties between information wars and historical policy, in the context of the attempts to reconsider the results of the Second World War especially, keeping in mind its effects for the transformation of the civil identity and the changes of position the Russian Federation held on the international arena. Both methodological and organizational restrictions were identified in secondary and higher schools, which have a significant impact on the formation of civil identity through historical education, both at the stage of training pedagogical personnel and in the process of studying the school course of the history.

scholarly journals Updated Strategy of the state national policy of the Russian Federation: advantages and disadvantages

2019 ◽  
pp. 10-15
Author(s):  
Тамара Заметина ◽  
Tamara Zametina
Keyword(s):  
Russian Federation ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation

The article is devoted to the analysis of the new version of the Strategy of the state national policy. The content of this document is considered in systemic connection with the Constitution of the Russian Federation in 1993 and other acts in the field of national relations. The advantages of the new version of the Strategy, as well as gaps and shortcomings of legal regulation are identified, some proposals for its improvement are made.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

scholarly journals Conciliation procedures in Russia: novelties of procedural reform

2019 ◽  
Vol 2019 (3) ◽  
pp. 10-19
Author(s):  
Ксения Горшкова ◽  
Ksenia Gorshkova ◽  
Сергей Желонкин ◽  
Sergey Zhelonkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Practical Training ◽  
Federal Law ◽  
State Construction ◽  
Wide Resonance ◽  
The Russian Federation ◽  
Procedural Reform ◽  
Judicial Procedure

Introduction. In the present work, the authors investigated the main aspects of the reform of procedural legislation initiated by the Supreme Court of the Russian Federation concerning changes in the legal regulation of the use of conciliation procedures in resolving legal conflicts. Until recently, Russian legislation did not have a regulated list of conciliation procedures. Purpose. The aim of the work is to identify the features and place of conciliation procedures in the institute of alternative ways to resolve legal conflict. Methodology. The work was performed on the basis of special methods of knowledge, including historical, legal, logical, and formally legal. Results. The paper analyzes the results of consideration of the draft Federal Law No. 421600-7 “On Amendments to Certain Legislative Acts of the Russian Federation Due to Improving Conciliation Procedures” in the first reading by the State Duma of the Russian Federation, taking into account the opinion of the relevant committee of the State Duma of the Russian Federation on state construction and legislation which caused a wide resonance in the Russian legal community. It is concluded that the world experience in applying reconciliation procedures, indicating a positive dynamic in the peaceful resolution of legal disputes, is also spreading within the framework of the Russian legal system. In the framework of the Russian judicial procedure, two fundamental conciliation procedures were consolidated – the mediation procedure and the judicial conciliation procedure. The introduction of special subjects (intermediaries) as judicial conciliators for the settlement of disputes in court is aimed at reducing the workload of judges, its concise and effective distribution. Conclusion. The material contained in the work is of interest for further research on the problems of alternative ways of resolving a legal conflict, can be used when giving lectures and conducting practical training in the course of the civil process

scholarly journals State management of scientific and scientific-technical activity in the Russian Federation on the example of the preparation and adoption of the system of scientific specialties

2018 ◽  
Vol 5 (4) ◽  
pp. 397-410
Author(s):  
V. V. Omel’chenko
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Classification System ◽  
Legal Regulation ◽  
The State ◽  
State Management ◽  
Scientific Technical ◽  
Basic Functions ◽  
The Russian Federation

This article is a further continuation of the work on the review of the foundations of public administration of the use of national resources in relation to the field of scientific and state scientific and technical activities in the Russian Federation. The basic functions of the state management of scientific and technical activity are considered from the system positions, the analysis of the existing legal regulation of preparation and acceptance of system of scientific specialties on which scientific degrees are awarded is carried out, system shortcomings of the approved nomenclature of scientific specialties on which scientific degrees are awarded are revealed. The substantiation of the classification system for “Nomenclature of scientific specialties for which scientific degrees are awarded” is carried out.

scholarly journals Topical problems of legal regulation of the institution of conflict of interest in the state civil service in the Russian Federation

2021 ◽  
Vol 26 (4) ◽  
pp. 194-201
Author(s):  
Sergey P. Koval’ ◽  
Oksana Yu. Taibova ◽  
Mikhail Yu. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Conflict Of Interest ◽  
Civil Service ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Conflict Situations ◽  
The Russian Federation

The article examines theoretical issues related to understanding and important problems of legal regulation of the institution of conflict of interest in the state and municipal service, it analyses the category of “personal interest of an employee”, and also conducts a comparative study of the application of administrative and disciplinary responsibility to a civil servant in this conflict situations. The activity of the commissions on compliance with the requirements for official behaviour of civil servants is analysed. The authors analyse the specifics of the conflict of interest based on the current legislation. Particular attention is paid to the issues of increasing the efficiency of practical activities of state bodies to identify and prevent these conflicts. Gaps in the provisions of the laws of the Russian Federation related to conflicts of interest are investigated. There are proposals for the effective resolution of conflict situations in the civil service. Analysing the changes in the legislation of the Russian Federation, considering the opinions of scientists on combating corruption, the authors draw their own conclusions. The key position of the authors on this issue is that improving the measures of legal responsibility of civil servants in a situation of conflict of interest is a necessary task of the science of administrative law, an effective means of preventing offences and strengthening executive discipline in the state apparatus.

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