Теоретические и сравнительно-правовые аспекты правового регулирования миграционных процессов в контексте уголовно-правового регулирования

Abstract

The formulation of the problem is due to the fact that there are gaps in the legal regulation of migration processes, and in the conditions of modern reality, a clear distinction between concepts is required. The insufficiency of terms does not give a correct legal interpretation, in addition, there is a problem related to the protection of the legal status of a migrant. The purpose of the work is to study the theoretical and comparative legal aspects of the legal regulation of migration processes. The methodological basis of the presented work was made up of modern general scientific methods and techniques of cognition. The system method, the method of analysis, statistical, formal-legal and comparative-legal methods and other methods were used. The legal status of a migrant in the Russian Federation is considered. A distinction is made between the concepts of “migrant” and “illegal migrant”, “illegal migration”, and their definitions are formulated. The analysis of the legal status of a migrant in the Russian Federation and in other countries, in particular, the United States, was carried out. The legal acts regulating migration processes in Russia, in particular, labor migration, are considered. The legal statuses of “refugee”, “forced migrant”, “foreign citizen”, “stateless persons” are defined. It is proposed to grant certain migrants a special status, which will provide benefits in various areas. It has been established that if the identified gaps in legal regulation are eliminated, there will be a positive effect from the development of legislation related to ensuring the migration security of Russia.