Labor migration and human capital in the context of globalization: problems of constitutional and legal policy

Abstract

This article discusses the features of modern migration processes, the preservation and development of human capital in the context of globalization and the relationship between them. Improving the legal regulation of labor migration and the preservation and development of national human capital is considered as the main strategic directions of the constitutional and legal policy of the Russian Federation. The relevance of the topic is justified by the fact that the solution of problematic issues related to migration processes and the preservation and development of human capital in the context of globalization is the key not only to economic stability, but also to the security of the state. The effectiveness of their legal regulation depends, first of all, on the presence in the state a competent constitutional and legal policy in this area. The purpose of this study is to develop, based on the analysis of the provisions of the Constitution of the Russian Federation, other normative legal acts, statistical data, the works of legal scholars, economists and sociologists, proposals for improving constitutional and legal policy in the field of migration, taking into account the trends of the globalization process and the need to preserve and develop human capital in Russia. As a result of the study, the relationship between external labor migration and the need to preserve and develop human capital in the country was revealed, which consists in the fact that migrants and their qualifications affect the quality of national human capital in the state in which they carry out their labor activity. Proposed new for the science of constitutional law was given – “national human capital”. It is proposed to introduce amendments and additions to documents of a strategic nature, which should contribute to the improvement of the constitutional and legal policy of the Russian Federation in the migration sphere. The main directions of development of the constitutional and legal policy on the issue under consideration are identified; proposals were formulated to improve Russia’s international cooperation in the migration sphere; proposed measures to improve international cooperation of the Russian Federation on migration issues within the framework of the EAEU and the CIS.