Безземельная О.А., Ильичева Д.А.

Уфимский юридический институт МВД России, Россия

Migration processes in modern society

 At present, society began to pay great attention to the problems of migration. About 2-3% of the population are involved in various forms of migration in the world every year. Over the past 25 years, the proportion of migrants has doubled, reaching almost 200 million people. Several factors serve as the reason for this. First, the influx of migrants from foreign countries and CIS countries into the Russian Federation has increased dramatically. Secondly, because of the demographic situation in our country, the population is being replenished by receiving immigrants. Thirdly, the standard of living in our country is much higher than in the CIS countries and many neighboring countries, which attracts migrants. Fourth, internal resettlement in some regions of Russia (from villages to cities, relocation from the eastern part of the country to the central one, resettlement abroad, etc.) attract external resettlement.

Migration policy is the core of legal research, which is the reason for the development of migration legislation for the settlement of migration processes. There is a broad understanding of migration in the legal literature, which means "the movement of the population in the physical space, caused by socio-economic, political-legal and national-demographic factors".

Legal research reveals the following phenomena:

1. The lack of visa regime with a number of countries (Kazakhstan, Tajikistan, etc.), cheap labor, inadequate migration legislation, insufficient legal basis for combating illegal migration and the necessary migration interaction create illegal migration in the country.

2. The main flow of migrants is international, illegal labor migration, which is characterized by a certain standard of the process of migration to Russia: a pattern of behavior is seen in the fact that after the arrival of a migrant and the study of the situation, his relatives and relatives come next. As a result, on the territory of Russia the places of stay are formed, the settlement of representatives who have not only ethnic, but blood ties.

3. The criminal statistics of Russia does not reflect the real state of criminality of migrants. The high latency of unlawful activity is due to the nature of uncontrolled migration. Unlawful migrants, due to unfavorable conditions, gradually "go" to the shadow, semi-criminal sphere of activity, as a result of being drawn into crime as part of ethnically organized groups.

The problem of migration in the past few years has become one of the most urgent for the Russian Federation. On the one hand, the globalization processes in the world, the deteriorating demographic situation in the country year by year and the economic situation, characterized by modest indicators of economic growth, have created an acute need for society in the inflow of labor through migration. On the other hand, the growth of crime among migrants, their social insecurity, national isolation, manifested in the clan mode of existence, exacerbated the ethnic contradictions between the indigenous population and migrants, threatening society with grave consequences that could get out of state control. Thus, there is a contradiction: the state is interested in replenishment of the population through migration, and at the same time, being afraid of a surge of social conflicts, it is holding back this process.

Effective implementation of the regulatory function of the state in the sphere of migration presupposes a clear constitutional and legal definition of the basic categories of migrants, their constitutional and legal status, and the identification and suppression of offenses in the migration sphere.

The Russian Federation on the basis of Art. 63 of the Constitution provides asylum to foreign citizens and stateless persons in accordance with generally recognized norms of international law: political asylum and temporary asylum. Temporary asylum grants the subject of this right an independent status of "a person who has received a temporary asylum", and is not regarded as a specific transitional stage in the process of acquiring refugee status.

Another category of forced migrants are those who have received political asylum. The content of their legal status is determined by the peculiarities of the institution of political asylum. In accordance with paragraph 1 of Art. 63 of the Constitution of the Russian Federation political asylum is granted to foreign citizens and stateless persons in accordance with universally recognized norms of international law.

 In general, Russian legislation on granting temporary and political asylum meets the requirements of international law and, together with the system of normative legal acts of the Russian Federation (Federal Laws "On the Legal Status of Foreign Citizens in the Russian Federation", "On the Procedure for Departure and Entry into the Russian Federation" "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation", "On Refugees", "On Forced Migrants") is aimed at supporting compatriots abroad and about Sintered Russia's national interests, remain unresolved legal problems in obtaining data status of foreign citizens and persons without citizenship.

There are no necessary normative legal documents, in particular, instructive materials and methods for working with foreign citizens seeking asylum, applying for temporary or political asylum in the territory of the Russian Federation, including those in custody.

Particular attention was paid to the changes introduced in Chapter 18 of the Code of Administrative Offenses of the Russian Federation "Administrative Offenses in the Protection of the State Border of the Russian Federation and Provision of the Residence of Foreign Citizens or Stateless Persons on the Territory of the Russian Federation": Articles 18.11 and 18.12. Amendment to article 18.12 of the Administrative Code is of a technical nature: the more precise name of the controlling and supervising authority in the field of migration.

Article 18.11 of the Administrative Code of the Russian Federation has undergone substantial transformation. It is supplemented by two parts, due to the desire of the legislator to regulate and differentiated responsibility, depending on the subject of the offense.

Part 1 of Article 18.11 of the Code of Administrative Offenses of the Russian Federation broadens the range of types of offenses: the immigration of immigrants from passing immigration control and medical examination is punishable; From living in the place of temporary detention at the post of immigration control, as well as the place determined for temporary stay by the territorial body of the federal executive body for control and supervision in the field of migration; From identification of the person, infringement of rules of residing in the specified places is punishable; The evasion of submission of information during the determination of the status of an immigrant; Representation in this period of unreliable information.

Part 2 of Article 18.11 of the Code of Administrative Offenses of the Russian Federation establishes punishability for officials and other persons for failure to submit or untimely submission of documents or information on foreign citizens or stateless persons on immigration control at the request of the federal executive body or its territorial body, In part 1 - for a certain kind of violation by the immigrant himself.

In fact, the demand for the adoption of a normatively fixed concept of Russia's migration policy is universal in the scientific community. At the moment, there is the only comprehensive normative legal act that regulates this issue - the Concept of Regulation of Migration Processes in the Russian Federation, approved by the Government Decree No. 256-r of March 1, 2003. This act can not serve as a normative concept for a number of reasons. Firstly, the Concept was approved by the decree of the Government of the Russian Federation, which does not have the highest legal force emanating from the executive power body and is therefore not comprehensive in nature; Obviously, it should have the form of a federal law or a decree of the President of the Russian Federation. Secondly, the Concept is internally contradictory, for example, "the protection of human rights and freedoms based on the rule of law and the strict observance of the norms of international law" is singled out as the primary principle of regulating migration processes, while the main task is to "protect the rights and freedoms of Russian citizens", while On the protection of the rights and freedoms of foreign citizens and stateless persons is not said, what violates the principle of the universality of human rights and freedoms, enshrined in Art. Art. 17 and 19 of the Constitution of the Russian Federation. Thirdly, the Concept is meaningfully outdated and does not reflect the latest decisions made in the field of migration, for example, the principle of priority assistance to the resettlement of Russian compatriots, enshrined in the Presidential Decree of June 22, 2006, "On Measures to Promote the Voluntary Resettlement of Compatriots to the Russian Federation, Living abroad. "

In this regard, it is quite logical that Russia's migration policy at the present stage is characterized by modest achievements and an abundance of problems. Currently, there is no sufficiently meaningful special program to streamline migration processes and balancing the labor market. Decisions in the field of immigration and naturalization should be made, proceeding from the balance of interests of four parties - business structures interested in mobile and high-quality labor market; Bodies of internal affairs responsible for the rule of law; Local population and local authorities, often inclined against immigrants, and immigrants - potential residents and workers of the country. The state eventually gets a balanced system of attracting and retaining the migration flow that meets the given characteristics of qualification, education, gender, language and culture. Of fundamental importance is the strengthening of the geocultural periphery as a renewable source of such a resource.

Legislation should provide for:

A) the principles of quota for the entry of immigrants from certain countries ("rough" regulation, for example, simplification of entry from Belarus, Ukraine, the Baltic States and the complication of entry from other countries);

B) the principles associated with the prospects of cultural adaptation of immigrants (restricting the entry into Russia of persons who do not speak Russian well, introducing a test in the Russian language, not only for the purposes of citizenship),

C) principles of zoning of the territory of the Russian Federation for the primary reception of labor migrants (restriction of residence to certain territorial zones with preservation of freedom of movement within these zones);

D) the principles of professional specialization (limitation for immigrants in the field of activity, especially in the field of entrepreneurial and public activities).

Knowledge of the Russian language should be the most important condition for a long stay in Russia, and especially for engaging in certain types of activities where there is intense interpersonal communication (for example, in the sphere of trade, education, services, media, public activities, etc.) .

Thus, there will be painstaking and ambitious work that will require the combined efforts and political will of the legislative and executive authorities of the Russian Federation to create effective measures for regulating migration processes.

Literature:

1. "The Code of the Russian Federation on Administrative Offenses" of December 30, 2001, No. 195-FZ (as amended on June 2, 2013) (as amended and supplemented, effective from June 13, 2016) http: //www.consultant.ru / document / cons_doc_LAW_34661 /

2. The order of the Government of the Russian Federation from 01-03-2003 256-r (2016) "The concept of regulation of migration processes in the Russian Federation" http://www.zakonprost.ru/content/base/part/83882

3. Sobolnikov V.V. Illegal migration in Russia's coordinate system // Illegal international migration as a threat to the comprehensive stability and security of states in the 21st century: legal support for cooperation between Russia and border countries: Proceedings of the International Theoretical Seminar / Nauch. Ed. Prof. A.I. Korobeev. Vladivostok: Publishing house of the Far East. University, 2009. pp. 132 - 136.

4. Decree of the President of the Russian Federation of June 22, 2006 No. 637 "On Measures to Promote the Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation" (as amended) http://base.garant.ru/189653/#ixzz4BpsyPcww

5. Shkilev AN Migration: Criminally-legal and kriminologicheskie aspects: the Author's abstract. ... dis. Cand. Jurid. Sciences. N. Novgorod, 2006. P. 13 - 16.