“Loyalty agreement” as a novelty of Russian migration legislation
Introduction. The Russian Federation is in constant search for new mechanisms to improve the efficiency of the state migration policy. At the same time, the liberalization of migration legislation was chosen as the main vector of transformations, while unconditionally ensuring public safety and observance of national interests. “Loyalty agreement” is a novelty designed to try out the state, public and individual interests of the subjects of migration relations. Theoretical analysis. The legal nature of the institution of “loyalty agreement” is being analyzed. The international functioning of similar institutions is investigated in order to make a conclusion on the possibility of its implementation in the Russian legal reality. Result. The author reached the conclusion about the auxiliary nature of the institution of “loyalty agreement”. It is proposed to consider the “loyalty agreement” as a kind of public “offer” – the proposal of the Russian Federation to enter its territory and stay on the territory provided that the essential conditions for compliance with the law are met. It is noted that, along with the «loyalty agreement», it is necessary to consolidate the institutional conditions for “immigration supervision”, mechanisms for ensuring the special immigration status of “controlled stay” in a single regulatory legal act.
- Federal law draft “On the conditions of entry (exit) and stay (residence) in the Russian Federation of foreign citizens and stateless persons”. Available at: https://regulation.gov.ru (accessed 1 September 2022) (in Russian).
- On the action plan for the implementation in 2019–2021 of the Concept of the State Migration Policy of the Russian Federation for 2019–2025. Decree of the Government of the Russian Federation no. 265-r of 22.02.2019. Available at: http://www.pravo.gov.ru (accessed 1 September 2022) (in Russian).
- Nigmatullin R. V. Legal migration as a threat to the interests of the people of Russia. Pravovoe gosudarstvo: teoriya i praktika [Legal State: Theory and Practice], 2019, no. 2 (56), pp. 171–176 (in Russian).
- Voronov A. M. Topical Issues of Administration of Migration Processes on Space of the CSTO in Modern Conditions. Evraziiskaia integratsiia: ekonomika, pravo, politika [Eurasian Integration: Economics, Law, Politics], 2019, no. 1, pp. 49–53 (in Russian).
- Voronov A. M., Sandugej A. N. Illegal migration is a threat to national security. Finance: Theory and Practice, 2016, vol. 20, no. 1, pp. 20–23 (in Russian). https://doi.org/10.26794/2587-5671-2016-20-1-20-23
- Paukova Yu. V. On the need to reform the institute of undesirability of stay (residence) of foreign citizens in Russia in the context of digitalization. Pravo i politika [Law and Politics], 2021, no. 1, pp. 23–32 (in Russian). https://doi.org/10.7256/2454-0706.2021.1.34942 . Available at: https://nbpublish.com/Hbrary_read_article.php?id=34942 (accessed 1 September 2022).
- Karpov O. V., Ledashchev S. V., Ruzevich, O. R., Diad’kin, O. N. Legal analysis of coercive measures related to the movement of foreign citizens and stateless persons outside the Russian Federation. Sovremennoe pravo [Modern Law], 2021, no. 5, pp. 56–61 (in Russian). https://doi.org/10.25799/NI.2021.44.61.010
- Shurukhnova D. N. Appointment of administrative expulsion of foreign citizens and stateless persons in the light of the decisions of the European Court of Human Rights. In: P. A. Kapustiuk (ed.) Deiatel’nost’ pravookhranitel’nykh organov v sovremennykh usloviiakh. Sbornik materialov XXIV mezhdunarodnoi nauchno-prakticheskoi konferentsi [The activities of law enforcement agencies in modern conditions. Proceedings of the XXIV international scientifi c and practical conference]. Irkutsk, 2019, pp. 334–336 (in Russian).
- Kostyria A. S. Administrative expulsion, deportation and readmission: Comparative legal analysis. Vestnik of Putilin Belgorod law institute of the Ministry of the interior of Russia, 2017, no. 2 (30), pp. 46–49 (in Russian).
- Explanatory note to the Federal law draft “On the conditions of entry (exit) and stay (residence) in the Russian Federation of foreign citizens and stateless persons”. Available at: https://regulation.gov.ru (accessed 1 September 2022) (in Russian).
- Declaration on human rights in respect of persons who are not citizens of the country in which they live (adopted by resolution 40/144 of the General Assembly of the United Nations of December 13, 1985). United Nations. Site. Available at: https://legal.un.org/avl/pdf/ha/dhriwnncwtl/dhriwnncwtl_ph_r.pdf (accessed 1 September 2022).
- The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended by Federal Constitutional Law 6-FKZ of 30.12.2008, Federal Constitutional Law 7-FKZ of 30.12.2008, Federal Constitutional Law 2-FKZ of 05.02.2014, Federal Constitutional Law 11-FKZ of 21.07.2014, Federal Constitutional Law 1-FKZ of 14.03.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398; 2020, no. 11, art. 1416 (in Russian).
- Decision of the Ryazan Regional Court no. 12-94/2019 of July 4, 2019. Dispute category: Bringing to administrative responsibility. Requirements of the authorized body: On bringing to responsibility under Part 1.1 of Art. 18.8 of the Code of Administrative Offenses of the Russian Federation for violation by a foreign citizen, a stateless person of the rules of entry or regime of stay in the Russian Federation. ATP «Consultant» [electronic resource] (in Russian).
- International Organization for Migration. Site. Available at: https://russia.iom.int/ru (accessed 10 March 2022) (in Russian).
- Germany will offer migrants a “Loyalty Pact”. Izvestiia [News], 2009, November 25 (in Russian).
- Law on residence, employment and integration of foreign citizens in Germany. German Representation in Russia. Site. Available at: http://www.gesetze-im-internet.de (accessed 1 September 2022) (in Russian).
- Lampadova S. S. Organizatsionno-pravovye mekhanizmy obespecheniya selektivnosti dolgosrochnoi migratsii [Organizational and Legal Mechanisms for Ensuring the Selectivity of Long-term Migration]. St. Petersburg, St. Petersburg University Publ., 2018. 71 p. (in Russian).
- Sandugei A. N. On improving the legal mechanisms of state control (supervision) in the fi eld of immigration. Scientifi c portal of the Ministry of Internal Affairs of Russia, 2020, no. 4 (52), pp. 109–116 (in Russian).