Главная страница
russian   english
16+
<< back

Title of Article

STATE CONTROL (SUPERVISION) IN THE FIELD OF MIGRATION: THE CONCEPT, FEATURES OF LEGAL REGULATION AND PROBLEM ISSUES OF IMPROVEMENT


Issue
3
Date
2023

Article type
scientific article
UDC
342.95
Pages
93-112
Keywords
 


Authors
Martynov A.V.
Natsionalnyy issledovatelskiy Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo

Chernikov V.V.
Natsionalnyy issledovatelskiy Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The Art. is devoted to the analysis of the subject and limits of state control (supervision) in the field of migration. The authors come to the conclusion that the modern administrative and legal structure of state control (supervision) in the field of migration unreasonably limits the subject of this control (supervision) only to supervision of foreign citizens and stateless persons. In fact, in terms of its scope, state control (supervision) in the field of migration is much broader and also includes other varieties. The specificity of the administrative-legal regulation of state control (supervision) over migration processes has been studied. It is noted that this legal regulation is not perfect and in this regard, it is proposed to adopt a new provision on state control (supervision) in the field of migration. The draft Federal Law«On Amendments to the Federal Law «On the Legal Status of Foreign Citizens in the Russian Federation» and Certain Legislative Acts of the Russian Federation and the Recognition of Certain Provisions of Legislative Acts of the Russian Federation as Invalid» was subjected to a critical assessment. In accordance with it, it is proposed to abolish state control in the field of migration, and to ensure migration security within the framework of a new legal institution «administrative supervision over the stay (residence) in the Russian Federation of foreign citizens». According to the authors, there are no legal grounds for establishing a special type of administrative supervision over foreign citizens staying (living) on the territory of the Russian Federation, outside the framework of the existing system of legal regulation of control and supervision activities carried out by executive authorities.

File (in Russian)