Legal regulation of pension security of the migrant workers in Russia

Abstract

The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.