«Соглашение о лояльности» как новелла российского миграционного права

Abstract

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.