LEGAL FRAMEWORK FOR THE EXERCISE OF RIGHTS BY STATELESS PERSONS AND PERSONS HAVING AN IRREGULAR LEGAL STATUS

Abstract

The relevance of the research topic is due to the high degree of social significance of the issues of ensuring, protecting and exercising constitutional rights by persons who do not have documents proving their identity and citizenship. The article focuses on the analysis of the norms of the sectoral legislation governing the implementation of rights and freedoms by stateless persons and persons having an irregular legal status, as well as the issues of legalization of persons having an irregular legal status. The author considers documenting stateless persons with temporary identity cards in terms of increasing their enjoyment of constitutional rights. Purpose: to analyze the foundations laid down in Russian legislation for the exercise of rights and freedoms by stateless persons and specific categories of persons in the territory of the Russian Federation whose status is not regulated. Methods: general scientific (description, classification, analysis, synthesis, generalization, interpretation); specific scientific methods (legal-dogmatic, interpretation of legal norms). Results: the author concludes that the legislation of the Russian Federation is evolving towards assisting stateless persons to exercise their fundamental rights. However, the current legal framework governing certain rights does not allow the categories of persons in question to achieve their full potential in various areas of society. Based on the analysis of legal acts and scientific sources, the article formulates the definition of the category of «person having an irregular legal status» and substantiates the need to fix it in the legislation. The author proposes to consider the issue of adjusting certain legal norms governing the exercise of the rights of stateless persons, as well as the organization of work with persons having an irregular legal status, which will subsequently improve the mechanisms for the implementation of their rights and increase the efficiency of migration control.