Legal Regulation of Migration Processes in The Context of Eurasian Integration and The Covid-19 Pandemic

Abstract

The relevance of the research topic is due to the fact that the creation of the Eurasian Economic Union (hereinafter – the EAEU) was aimed at increasing the economic competitiveness of the countries that joined this international association, which, in turn, should improve the living standards of the population of the member states. The active development of integrationprocesses in these countries required making appropriate changes to national legislation in order to form a homogeneous legal field and enrich their domestic law with international experience in legal regulation, including the regulation of migration processes, since integration is always accompanied by migration processes. The purpose of this article is to study and analyze the problems of legal regulation of migration processes taking place in the EAEU countries. The article deals with the problems of legal regulation of migration processes in the Eurasian Economic Union (EAEU). The article analyzes the normative provisions of the Treaty on the EAEU that regulate migration processes on the territory of the EAEU, serve as a legal basis for solving issues of labor migration, and increase the labor status of migrants-citizens of the states that are members of the Eurasian Economic Union. It is emphasized, that the provisions of the Treaty on the EAEU establish the status of migrant citizens from the EAEU countries temporarily working on the territory of one of the member states, regulate their relations with the employer and establish at the legislative level equal rights of migrant workers with citizens of the recipient country, including the social sphere, with the exception of pension provision. Some advantages are established for migrants from the EAEU member states: it is provided not only to protect the interests of the states, but also the rights and freedoms of migrant workers and members of their families who arrived from the EAEU member States, to create favorable conditions for their life in the country that accepted them, including for performing work activities, contributing to successful integration into the social system of the country. Attention is focused on the problems associated with the implementation of the provisions of the Treaty on the EAEU, due to the significant differences between the partner states related to the level and models of economic development. It is noted that in the scientific legal literature and legislation of the EAEU countries, there are different approaches to the interpretation of the concept of “population migration”, representatives of which take as a basis certain signs of this complex socio-economic phenomenon, considering it from different sides. It is concluded that it is necessary to develop a unified approach to the legal regulation of migration processes on the territory of the EAEU and the formation of a common labor market. Proposals aimed at improving migration legislation were made: to unify the acquired social and legal status of migrants in the receiving country; to systematize and harmonize the migration legislation of the EAEU member states; to coordinate with the EAEU partners the government decisions taken in the fight against the COVID-19 coronavirus infection affecting migration processes, and others. A proposal was put forward on the need to develop and adopt a codified normative act – the Migration Code of the EAEU, which, according to the author, would eliminate the existing contradictions between the provisions on migration in the Treaty on the EAEU and the national migration legislation of the member states; unify the system of migration legislation within the framework of an integration international association, bringing it into line with international law.