stateless persons

“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.

Constitutional status of persons who are not citizens of the Russian Federation

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.