Migration policy adjustments to address the regional labor markets demands: institutional and legal aspects

Introduction

 The normative legal acts of the Russian Federation, as well as the strategic planning documents underlying the state migration policy, formulate the principles, goals, objectives and place of migration policy in the system of state policy as a whole, but do not give a legal definition of this concept.

Depending on the disciplinary affiliation and the theoretical and methodological grounds used, the authors define the essence and content of migration policy in different ways - from a narrowly utilitarian approach (for example, "statements by the government about what it intends to do or not to do (including laws, resolutions, decisions or orders) regarding selection, admission, settlement and deportations of foreign citizens living in the country" ^[1]) to an extremely large-scale, comprehensive vision, according to which migration policy "should cover all spheres of life" ^{[2, p.51]}. This diversity leads to the fact that definitions, models, indicators of migration policy and its individual directions themselves become the subject of systematization and scientific analysis ^[3-9].

In the context of the objectives of this article (analysis of mechanisms for adjusting the state migration policy taking into account the needs of the labor market), it is advisable to talk about the state policy in the field of regulation of labor immigration, which can be defined as a system of regulatory measures (instrumental approach) aimed at providing the national economy with labor resources by attracting foreign citizens in conditions of temporary impossibility to solve the specified the problem is due to the mechanisms of natural reproduction of the population.

State policy in the field of regulation of labor immigration is systematically linked to the state and demands of the labor market. Managing the flows of foreign labor, taking into account the needs of the development of the national economy, is a non–trivial task, especially for countries with a complex state-territorial structure and significant differences in regional labor markets ^[10-18].

According to the Concept of the state Migration Policy of the Russian Federation for 2019-2025, the state believes that "the main source of replenishing the population of the Russian Federation and providing the national economy with labor resources should remain its natural reproduction," and sees in migration policy only an auxiliary tool "for solving demographic problems and related economic problems." In this perspective, migration policy should be aimed at "creating a favorable regime for the voluntary resettlement to Russia of persons (including those who have left it) who are able to organically join the system of positive social ties and become full members of Russian society" (quoted by: Decree of the President of the Russian Federation No. 622 of October 31, 2018 "On the Concept of the state migration policy of the Russian Federation for 2019 - 2025" // SZ RF, 2018. No. 45. St. 6917).

The mechanisms that make it possible to adjust the state policy in the field of migration are a complex of various institutions, legal acts and procedures. They operate at different levels – from strategic (including goal setting, forecasting, planning and programming) to operational (ongoing refinements in order to improve the effectiveness of the implementation of tasks).

Within the framework of this article, we are talking about taking into account the needs of the labor market, which differ depending on the characteristics of the subjects of the Russian Federation, and therefore the main attention is paid to the "regional section" - mechanisms that provide feedback between the specific needs of regions in labor resources and the regulatory influences of the federal center.

The problem of separation of powers

Migration processes and migration policy are an area of equal importance for the federal level of government and for the subjects of the Russian Federation.

A complex set of issues related to the regulation of migration flows; protection of the rights and freedoms of citizens legally residing on the territory of the Russian Federation; stimulating the involvement of foreign workers in the interests of the development of the national economy; ensuring law and order and public safety, promoting the socio-cultural integration of migrants and other aspects, involves systematic interaction of federal and regional public authorities with a clear separation of powers and responsibilities.

However, the Constitution of the Russian Federation does not explicitly mention this area. It is not specified either in the subjects of exclusive jurisdiction of the Russian Federation (Article 71 of the Constitution of the Russian Federation), nor in the subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation (Article 72). Although this fact does not mean that migration issues are "on a residual basis" to the issues of exclusive jurisdiction of the subjects of the Russian Federation (Article 73).

On the contrary, in practice, the key role in regulating migration and using this mechanism to solve current economic and demographic problems belongs to the federal center, while the subjects of the Russian Federation have limited opportunities to implement their own proactive migration policy.

Nevertheless, the authorities of the constituent entities of the Russian Federation adopt a significant number of acts not only to facilitate the implementation of the national migration policy, but also various concepts and strategies at the regional level, that is, goal-setting documents, as well as state regional programs.

For example, in the Bryansk region there is a Concept of migration management until 2025. In this document, in particular, the tasks of the regional migration policy are listed: "migration replacement of the natural loss of the indigenous population by attracting compatriots living abroad to permanent residence; reduction of the migration loss of the population; provision of personnel for the necessary professions and qualifications of the socio-economic complex of the Bryansk region, as well as the revival of the agricultural sector territories ..." and others . (cit. by: Decree of the Governor of the Bryansk region dated June 18, 2013 No. 431 "On approval of the concept of migration management in the Bryansk region until 2025"). In Moscow, the issues of migration relations are partially included in the Strategy of the National Policy of the city until 2025 (see the Decree of the Government of Moscow dated June 6, 2016 No. 312-PP "On the Strategy of the National Policy of the City of Moscow for the period up to 2025" (as amended on September 4, 2018)). And in St. Petersburg, within the framework of the regional state program "Creating conditions for ensuring social harmony in St. Petersburg", there is a Subprogram 5 aimed at "creating conditions for social, linguistic and cultural adaptation of migrants aimed at reducing social risks associated with migration" (see the Decree of the Government of St. Petersburg of June 4, 2014 Year No. 452 (ed. of 27.05.2022) "On the state program of St. Petersburg "Creating conditions for ensuring public consent in St. Petersburg"").

As academician T.Y. Khabrieva rightly notes, in order to effectively disperse power in areas of mutual interest of the Russian Federation and its subjects, it is necessary to proceed from the constitutional principles of federalism, in particular, the principle of subsidiarity. This principle requires "that the solution of the tasks facing the authorities be carried out at the level at which it is possible to do it optimally, first of all, from the point of view of accessibility of public services for citizens, maximum consideration of the interests of citizens living in the relevant territories" ^{[19, p.3]}.

To date, there are no acts in federal legislation that clearly delimit the rights and obligations of various levels of government in the management of migration processes. On the one hand, the federal legislator sought to consolidate the entire migration sphere under the jurisdiction of federal state authorities. On the other hand, many regulatory legal acts concerning specific issues of the implementation of migration policy involve the participation of not only regional, but also local authorities in their solution, and not only at the executive, but also at the regulatory level.

In general, there is no doubt that, with the exception of issues of national importance that are within the jurisdiction of the Russian Federation (in particular, regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation (paragraph "b" of Article 71 of the Constitution of the Russian Federation), defense and security, ensuring the security of the individual, society and the state in the application of information technologies, the circulation of digital data (paragraph "m" of Article 71), etc.), the regulation of various aspects of migration processes can and should be the subject of joint jurisdiction of the Russian Federation and its subjects (with clearly defined powers), since relations in the field of migration significantly affect the interests of regional as well as local levels of government.

This model demonstrates the Federal law of may 24, 1999 No. 99-FZ (red. ot 23.07.2013) "On state policy of the Russian Federation in respect of compatriots abroad", which, among other things, defines the powers of the Russian Federation in the field of relations with compatriots (article 19), the powers of state authorities of the constituent entities of the Russian Federation (article 19.1 – appeared in 2005 and amended in July 2010), and installs the possibility of the participation of local authorities in the implementation of state policy toward compatriots (article 19.2 – appeared in the July 2010). Within its powers to the constituent entities of the Russian Federation has the right to develop and to adopt laws and other normative legal acts of the regional level as well as your state program in the field of relations with compatriots (see, for example: the resolution of the Government of the Vologda region 09 Dec 2019 No. 1182 "On the main directions of implementation in the region of the powers of the constituent entities of the Russian Federation in the field of relations with compatriots abroad"; The resolution of the Government of the Samara region from 10 February 2020, ¹ 80 "On amending resolution of the Government of the Samara region from 04.02.2014 ¹ 48 "On approval of the state program of the Samara region "Rendering assistance to voluntary resettlement in Samara oblast of compatriots living abroad" for 2014 – 2023 years"; the government of the Sverdlovsk region 18 Feb 2021 ¹ 84-PP "On approval of the comprehensive program of the Sverdlovsk region "the Support of compatriots living abroad" for 2021 - 2025"; and many others. etc.).

The Government Commission on Migration Policy has been established and operates as an institutional mechanism for coordinating the interests and coordination of actions of federal executive authorities and executive authorities of the constituent entities of the Russian Federation. The regulation on the commission states that federal and regional executive authorities interact only in order to implement a unified state migration policy (see Resolution of the Government of the Russian Federation of May 26, 2009 No. 450 (ed. dated 08/17/2020) "On the Government Commission on Migration Policy" (together with the "Regulation on the Government Commission on Migration Policy") // SZ RF. 2009. No. 22. St. 2726). Nevertheless, the list of its tasks also includes regulatory powers, in particular: the development of the main directions for improving legal regulation in the field of migration (paragraph "b" of art. 3); coordination of actions on the regulation of migration processes (p "in" art. 3); preparation of agreed proposals on priority issues of external and internal migration, taking into account the development of these processes in the Russian Federation and foreign countries (paragraph "d" of Article 3).

However, as already mentioned above, in general, there is no legally approved differentiation of the powers of state authorities of the Russian Federation and its subjects in the field of migration regulation, and therefore there are no clear ideas about the scope of powers and responsibilities of each level.

Areas of participation of the subjects of the Russian Federation

In practice, the regions have a limited set of opportunities to adjust the state migration policy. Nevertheless, there are a number of mechanisms that allow the subjects of the Russian Federation to indirectly influence federal decisions on regulating the flows of migrant workers, taking into account the needs of regional labor markets.

Thus, in accordance with the provisions of Federal Law No. 115-FZ of July 25, 2002 (as amended on 07/02/2021) "On the Legal Status of Foreign Citizens in the Russian Federation", the subjects of the Russian Federation take part in determining and adjusting quotas for the issuance of temporary residence permits to foreign citizens (paragraph 2 of art. 6); in the formation of quotas for issuing invitations to foreign citizens to enter the Russian Federation for the purpose of carrying out work (paragraphs 1, 3 of Article 18); and also annually determine the need to attract foreign workers arriving in the Russian Federation on the basis of a visa, evaluate the effectiveness of the use of foreign labor, the contribution of foreign workers, arriving in the Russian Federation on the basis of a visa, in the socio-economic development of this subject of the Russian Federation (Article 18.1).

The heads of the constituent entities of the Russian Federation have the right to suspend the issuance of patents on the territory of the region (Clause 3 of Article 13.3) and establish a ban on the involvement of foreign citizens engaged in labor activity on the basis of patents by economic entities operating in the territory of the region for certain types of economic activity (clause 6 of Article 18.1).

In addition, the subjects of the Russian Federation develop forecasts of labor balances, which should indicate the need for foreign labor; index the cost of a migrant worker's patent, setting a coefficient reflecting regional characteristics of the labor market; receive monthly information from the federal center on the results of monitoring the situation on the labor market in the regional context, the indicators of which serve as a guideline for improvement regional policy in the field of labor migration.

Forecasting the balance of labor resources

In order to adjust the state migration policy taking into account the needs of the labor market, such a mechanism as forecasting the balance of labor resources by the subjects of the Russian Federation is important.

These forecasts are developed in accordance with the Decree of the Government of the Russian Federation dated June 3, 2011 No. 440 (ed. dated 08/16/2018) "On the development of the forecast of the balance of labor resources" (together with the "Rules for the development of the forecast of the balance of labor resources"), as well as the Order of the Ministry of Labor and Social Protection of the Russian Federation dated April 15, 2019 No. 248n "On the approval of the methodology for the development of the forecast of the balance of labor resources."

The forecast of the balance of labor resources should contain two interrelated sections:

– resource part (able-bodied population of working age; foreign labor migrants; persons working outside of working age);

– distribution part (employed in the economy, including in the context of economic activities; not employed in the economy).

According to the methodology, it is assumed that the forecast of the balance of labor resources, in particular, includes:

- the situation on the labor market in the previous year (and measures of the executive authorities);

- the main problems of the labor market;

- the main results of the forecast.

However, in practice, regional forecasts do not always contain a complete set of structural elements. In addition, not all subjects of the Russian Federation timely comply with the requirement for the open provision of these data, in connection with which, for 15 regions, information was not found in the public domain, and for 9 regions, the data turned out to be incomplete due to the lack of up-to-date documents.

Table 1. Forecasts of the total number of labor resources and foreign labor migrants in the subjects of the Russian Federation for 2022-2023.*

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* Source: acts of state authorities of the subjects of the Russian Federation, posted in the public domain (on the official portals of regional authorities)

In general, the total number of labor resources in the Russian Federation is projected for 2022, 2023 and 2024 - 90.21, 90.44 and 90.89 million people, respectively, including foreign labor migrants - 3.2, 3.27 and 3.3 million people (source: Ministry of Labor and Social Protection of the Russian Federation. Forecast of the balance of labor resources for 2022-2024. URL: https://mintrud.gov.ru/docs/mintrud/migration/1324).

Participation in the determination and adjustment of quotas for the issuance of temporary residence permits to foreign citizens

According to paragraph 2 of Article 6 of Federal Law No. 115-FZ of July 25, 2002 (as amended on 07/02/2021) "On the legal status of foreign citizens in the Russian Federation" (with amendments and additions, intro. effective from 12/29/2021) (hereinafter referred to as Federal Law No. 115–FZ), the subjects of the Russian Federation (represented by their executive bodies) send proposals to the Ministry of Internal Affairs of the Russian Federation on the size of the quota for issuing temporary residence permits to foreign citizens, taking into account the demographic situation in the relevant subject of the Russian Federation and the possibilities of this subject for the arrangement of foreign citizens. 

The quota for each year, as well as the rules for its determination, adjustment and redistribution between the subjects of the Russian Federation, the establishment and use of the quota reserve, the procedure for the distribution of this quota by the relevant commissions formed in the subjects of the Russian Federation, is approved by the Government of the Russian Federation.

According to the rules established by Decree of the Government of the Russian Federation No. 2345 of December 29, 2020, territorial bodies of the Ministry of Internal Affairs of the Russian Federation annually, no later than July 1 of the current year, send to the executive authority of the relevant subject of the Russian Federation a forecast of the number of temporarily residing foreign citizens for the next calendar year, and regional executive authorities on the basis of the specified Taking into account the results of the analysis of the objective situation, they send their motivated proposals to the Ministry of Internal Affairs of Russia no later than August 1 of this year to determine the quota for the relevant subject of the Russian Federation for the next calendar year.

The Ministry of Internal Affairs of Russia, based on the analysis of proposals received from the subjects of the Russian Federation and objective data on foreign citizens living in the territory of the Russian Federation in the current calendar year, on their number in the subjects of the Russian Federation, prepares proposals to determine the quota for the Russian Federation as a whole and separately for each subject of the Russian Federation, as well as to establish a reserve quotas for the Russian Federation in the amount of no more than 30% of the proposals for determining the quota for the Russian Federation as a whole.

The relevant draft act of the Government of the Russian Federation is coordinated by the Ministry of Internal Affairs of Russia with the relevant departments and sent to the Government of the Russian Federation by November 1 of this year. The act of the Government of the Russian Federation must be adopted no later than November 30 (the interaction scheme – see Figure 1).

Figure 1. The procedure for interaction between federal and regional executive authorities in the process of determining, adjusting and redistributing between the subjects of the Russian Federation quotas for the issuance of temporary residence permits to foreign citizens and stateless persons in the Russian Federation, as well as the establishment and use of its reserve*

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* Source: Decree of the Government of the Russian Federation No. 2345 of December 29, 2020 "On Approval of the Rules for Determining, Adjusting and Redistributing between the Subjects of the Russian Federation Quotas for Issuing Temporary Residence Permits to Foreign Citizens and Stateless Persons in the Russian Federation, Establishing and Using Its Reserve and Rules for Allocating Quotas for Issuing Foreign Citizens and Stateless Persons citizenship of temporary residence permits in the Russian Federation by commissions formed in the constituent entities of the Russian Federation" // SZ RF. 2021. No. 1 (Part II). Article 187.

Adjustment of the quota determined for the current calendar year is made in the period from mid-June to September 1 of the current year: until June 15, the subjects of the Russian Federation, based on information from the territorial bodies of the Ministry of Internal Affairs of Russia on the expenditure of quotas and their needs, submit to the Ministry of Internal Affairs of Russia motivated proposals for quota adjustment, and the Ministry of Internal Affairs of Russia prepares, coordinates with interested parties and sends to the Government of the Russian Federation proposals for quota adjustments with a draft of the relevant act.

Participation in determining and adjusting quotas for work visas

According to paragraph 1 of Article 18 and paragraphs 1, 3 of Article 18.1 of Federal Law No. 115-FZ (as amended. Federal Law No. 110-FZ of 18.07.2006) The Government of the Russian Federation annually determines the need to attract foreign labor through the work visa mechanism (including by priority professional qualification groups), approves, corrects, distributes a quota for issuing work visas to foreign citizens (except for those who arrives on a visa-free basis). This quota is determined according to the proposals of the executive bodies of state power of the subjects of the Russian Federation, taking into account the demographic situation in the relevant region and its possibilities for settling foreign citizens.

The procedure for preparing proposals to determine the need to attract foreign workers arriving in the Russian Federation on the basis of a visa, approving quotas for issuing invitations to foreign citizens to enter the Russian Federation for the purpose of carrying out work activities, as well as quotas for issuing work permits to foreign citizens arriving in the Russian Federation on the basis of a visa, are determined by the relevant rules established by the Government of the Russian Federation (see Resolution of the Government of the Russian Federation of September 12, 2013 No. 800 (ed. of 11/27/2020)).

According to paragraph 2 of Article 18.1 of the said federal law, the executive bodies of state power of the subjects of the Russian Federation annually determine the need of the regional labor market to attract foreign workers with a mandatory assessment of the effectiveness of the use of migrant labor and the contribution of foreigners – holders of a work visa to the socio-economic development of the relevant region. Thus, the regions indirectly influence the federal policy in the field of labor migration.

The need to attract foreign workers for certain types of economic activity and their number should be established in the forecast of socio-economic development of the subject of the Russian Federation for the relevant period and taken into account by the highest official of the subject of the Russian Federation when preparing proposals to suspend the issuance of patents on the territory of the subject of the Russian Federation for a certain period. When preparing a forecast of the socio-economic development of a subject of the Russian Federation for the relevant period, the tripartite commission for the regulation of social and labor relations of this subject of the Russian Federation has the right to send appropriate proposals. Formally, this mechanism is one of the tools of indirect influence of regional authorities on migration policy, based on the characteristics of the labor market.

The role of a "single window" in coordinating the interests of the regions and the federal center is played by the Ministry of Labor and Social Protection of the Russian Federation, which prepares proposals for the quota for work visas (including for priority professional qualification groups) for approval by the Government of the Russian Federation, its distribution and adjustment based on reasonable proposals of the subjects of the Russian Federation. These proposals are being considered in advance by an interdepartmental commission established on the basis of Order No. 326n of the Ministry of Labor of the Russian Federation dated May 14, 2019 from among representatives of interested federal executive authorities, and can be approved in full, rejected in whole or in part, and also sent for revision.

The procedure for considering regional proposals has also been developed and approved by the Order of the Ministry of Labor of the Russian Federation No. 30n dated January 23, 2014 (ed. from 03.12.2021). In due time, the subjects of the Russian Federation send their proposals on the needs, or on increasing (decreasing) the need to attract foreign workers to the Ministry of Labor of Russia, which performs an initial check on the compliance of applications with formal requirements and either returns them for revision, or passes them to an interdepartmental commission for consideration and decision-making.

The Interdepartmental Commission decides to approve in full, reject in whole or in part proposals on the need to attract foreign workers for the coming year no later than October 1 of the current year, and similar decisions concerning proposals to adjust the needs for the coming year - no later than December 31 of the current year (see paragraph 3 of the Procedure).

In the part concerning the proposals of the regions on adjusting the size of the need for foreign labor, a decision must be made within 20 days from the date of receipt of the relevant application, but, in all cases, no later than November 15 of the current year.

A special procedure has been established for a number of subjects of the Russian Federation to coordinate their proposals for attracting foreign labor. In addition to the decision of the interdepartmental commission, coordination with the Ministry of the Russian Federation for the Development of the Far East and the Arctic (for the regions of the Far Eastern Federal District and the Arctic zone) or the Ministry of Economic Development of the Russian Federation (for the regions of the North Caucasus Federal District) is required.

The body of the state employment service of the population of the subject of the Russian Federation gives an opinion on the recruitment and use of foreign workers, without which the Ministry of Internal Affairs of Russia or its territorial body formally has no right to issue appropriate permits (see paragraph 3 of Article 18).

Patent mechanism

The patent mechanism for foreign workers who arrived on a visa-free basis was introduced in 2010 (see paragraph 7 of Article 1 of Federal Law No. 86-FZ of May 19, 2010 "On Amendments to the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" and Certain Legislative Acts of the Russian Federation"). Initially, the new article 13.3 of Federal Law No. 115-FZ referred only to the possibility of patent holders to work for hire from Russian individuals to perform works/services for personal, household or other similar needs. In 2014, a new version of article 13.3 was approved, according to which not only Russian individuals, but also employers or customers of works (services) who are legal entities or individual entrepreneurs or private notaries, lawyers, or other persons whose professional activities are in accordance with federal laws, have the right to hire foreign employees with a patent. laws are subject to state registration and (or) licensing.

Since foreign workers acting on the basis of a patent arrive on a visa-free basis, prohibitive instruments are used to regulate the flow of such migrants, namely, the temporary suspension of the issuance of patents.

According to the provisions of Article 13.3, not only the federal executive authorities, but also the highest official of the subject of the Russian Federation (the head of the supreme executive authority of the subject of the Russian Federation) has the right to make reasoned proposals to suspend the issuance of patents for a certain period in the territory of the relevant region (see paragraphs 3-4, paragraph 3 of Article 13.3). The proposal to stop issuing patents and thereby limit the number of migrants should be based on the data of the forecast of socio-economic development of the subject of the Russian Federation for the relevant period and take into account the opinion of the tripartite commission for the regulation of social and labor relations of the relevant subject of the Russian Federation.

At the same time, according to clause 6 of Article 18.1, the highest official of the subject of the Russian Federation (the head of the supreme executive body of state power of the subject of the Russian Federation) has the right to establish a ban on the involvement of economic entities operating in the territory of the subject of the Russian Federation, foreign citizens engaged in labor activity on the basis of patents for certain types of economic activity. Such prohibitions should be based on taking into account the regional characteristics of the labor market and the need for priority employment of citizens of the Russian Federation.

The Government of the Russian Federation suspends for a certain period the issuance of patents on the territory of the Russian Federation on the basis of proposals of the federal executive authority responsible for the development and implementation of state policy and regulatory regulation in the field of employment and unemployment, prepared based on the results of monitoring specified in paragraph 7 of Article 18.1 of this Federal Law, taking into account the opinion of the Russian Federation the tripartite commission for the regulation of social and labor relations, issued in the form of a decision.

According to the Official Internet portal of legal Information, 14 subjects of the Russian Federation have established such bans for 2022: 4 republics (Altai, Karelia, Mari El, Sakha (Yakutia)), 5 territories (Zabaikalsky, Kamchatka, Krasnodar Perm, Primorsky), 5 regions (Voronezh, Irkutsk, Kaluga, Sakhalin, Tyumen).

For example, in the Perm Region in 2022, it is prohibited to hire foreign employees with a patent for enterprises working in the field of logging, sawing and planing wood, oil and petroleum (associated) gas production, production of petroleum products, retail trade and passenger transportation (urban, suburban, intercity buses, minibuses, passenger taxis, etc.) (see the Decree of the Governor of the Perm Territory dated March 30, 2022 No. 24 "On the establishment for 2022 of a ban on attracting foreign citizens Engaged in labor activity on the Territory of the Perm Territory on the basis of patents for types of economic activity").

The head of the Krasnodar Territory has established for 2022 a ban on hiring foreign citizens working on the basis of patents for 129 types of economic activities – from land and pipeline transport, wholesale and retail trade to car wash services, ice cream sales in tents, serving drinks at events, courier delivery of food (see the Resolution of the head of administration (Governor) of the Krasnodar Territory dated June 14, 2022 No. 346 "On the establishment for 2022 of a ban on the Involvement by Economic Entities Operating in the Territory of the Krasnodar Territory of foreign Citizens Engaged in Labor Activity on the Basis of Patents for Certain Types of Economic activity").

Most often, the heads of the constituent entities of the Russian Federation try to limit the hiring of foreign citizens working under a patent for trade and catering enterprises, passenger and freight transportation, food production, that is, in those areas of activity where high qualifications are not required from employees. However, there are exceptions. For example, the Head of the Republic of Sakha (Yakutia) banned in 2022 the hiring of foreigners - patent holders for enterprises engaged in scientific research and development, consulting in the field of management, market research, activities in the field of architecture and engineering design (see Decree of the Head of the Republic of Sakha (Yakutia) dated February 04, 2022 No. 2294 "On the establishment for 2022 of a ban on the involvement by economic entities operating in the territory of the Republic of Sakha (Yakutia) of foreign citizens engaged in labor activity on the basis of patents for certain types of economic activity").

In addition to the ban on hiring foreign workers who arrived on a visa-free basis and carry out their activities under a patent, the subjects of the Russian Federation have such an instrument of influence on the flows of migrant workers as indexing the cost of a patent (fixed advance payment).

The regions received the right to index the amount of a fixed advance payment by a coefficient reflecting the regional characteristics of the labor market from January 1, 2015 on the basis of Federal Law No. 368-FZ of November 24, 2014 "On Amendments to Articles 226 and 227.1 of Part Two of the Tax Code of the Russian Federation". By the same act, it was decided to leave payments for patents entirely in the budget of the subject of the Russian Federation, whereas until 2015 half of the funds went to the federal budget. It is characteristic that the regions almost instantly took advantage of this tool. For example, the Vologda Oblast Law on the establishment of a coefficient of 2.32 appeared three days after the adoption of the above-mentioned amendment to the Tax Code of the Russian Federation (see the Vologda Oblast Law of November 27, 2014 No. 3491-OZ "On the establishment of a coefficient reflecting regional characteristics of the labor Market in the Vologda Oblast for 2015"). According to experts, at that time it was the highest coefficient in the North-Western Federal District ^[20].

As you know, the base amount of a fixed payment is set at 1200 rubles and is subject to indexation by the deflator coefficient adopted for the corresponding calendar year and the coefficient established by the subjects of the Russian Federation.

For 2022, the Ministry of Economic Development of the Russian Federation has set the deflator coefficient required for the application of Chapter 23 "Personal Income Tax" of the Tax Code of the Russian Federation in the amount of 1,980. Accordingly, the cost of the patent in 2022 is equal to 1200 rubles x 1,980 x the coefficient established by the relevant subject of the Russian Federation.

The values of regional coefficients and the amount of monthly advance payments from January 1, 2022 for a patent in each region are shown in the table below.

Table 2. The cost of a patent in the subjects of the Russian Federation in 2022*

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* Note: The amount is calculated in full rubles, taking into account the rules established by paragraph 6 of Article 52 of the Tax Code of the Russian Federation: the amount of tax less than 50 kopecks is discarded, and the amount of 50 kopecks or more is rounded to the full ruble. Materials of ConsultantPlus were used.

The lowest cost of a patent in 2022 is set in the republics of the North Caucasus, as well as in Altai (the Chechen Republic - 2376 rubles, the Republic of Altai – 3329 rubles, the Republic of North Ossetia -Alania – 3469 rubles). The most expensive patents are in the northern regions of Russia (the Republic of Sakha (Yakutia) – 10690 rubles, Yamalo-Nenets autonomous okrug – 9934 rubles, Primorsky Krai – 7603 rubles).

Thus, by increasing or decreasing the cost of a patent, as well as using the right to suspend the issuance of patents, the subjects of the Russian Federation have the opportunity to manage the number and quality of foreign workers acting on the basis of a patent, both in the economy of the region as a whole and in certain types of economic activity.

An analysis of data on 14 subjects of the Russian Federation that have established a ban on granting patents for certain types of economic activities since 2022 shows that most of these subjects have determined a higher patent value for 2022 as a whole (see Table 3). It can be assumed that the regions are trying to solve several problems at once: with on the one hand, to reduce the number of migrant workers in economic spheres that do not require high qualifications, which is supposed to reduce the unemployment rate among the local population; on the other hand, to preserve the amount of funds coming to the regional budget from the patent, due to its high cost.

Table 3. Data on the value of the patent, the number of foreign workers and unemployment in the subjects of the Russian Federation, which in 2022 established a ban on the grant of a patent for certain types of economic activity

Establishment of the permissible share of foreign workers employed by economic entities

An important tool is the annual establishment of the permissible share of foreign workers employed by economic entities engaged in certain types of economic activity on the territory of the Russian Federation.

According to clause 5 of Article 18.1 of Federal Law No. 115-FZ (as amended. Federal Law No. 110-FZ of 18.07.2006), the Government of the Russian Federation has the right to annually establish the permissible share of foreign workers employed in various sectors of the economy by economic entities operating both on the territory of one or several subjects of the Russian Federation and throughout the territory of the Russian Federation. This indicator should take into account the regional peculiarities of the labor market and the need for priority employment of Russian citizens.

For example, according to the Decree of the Government of the Russian Federation No. 1706 of October 7, 2021, the following indicators are set for 2022:

Table 4. The size of the permissible share of foreign workers for 2022 in certain types of economic activity

As can be seen from the table, these restrictions take into account the peculiarities of the subjects of the Russian Federation – exceptions have been established for some of them, both in the form of reducing the requirements for the share of foreign workers and in the form of their tightening.

Conclusions

Formally, the subjects of the Russian Federation have a number of opportunities that allow them to influence certain aspects of federal migration policy, based on the characteristics of the regional labor market. In particular, regions can (subject to a number of conditions) regulate (define and adjust):

- quotas for issuing residence permits on its territory;

- quotas for the issuance of work visas, including in the context of the professional qualification structure, taking into account the needs of the region's economy in working personnel;

- the number and professional qualification structure of foreign workers who arrived on a visa-free basis and carry out activities on the basis of a patent; etc.

However, it seems that, in general, it is difficult for regions to fine-tune the profile of the labor migration flow, since the key control parameter is ultimately not so much the request of the regional labor market, as an indicator called "the level of social tension in the labor market" of the subject of the Russian Federation. The principle of calculating this indicator is established at the federal level and is monitored monthly as part of federal monitoring.

As you know, according to clause 7 of Article 18.1 of Federal Law No. 115-FZ, the federal center (Ministry of Labor and Social Protection of the Russian Federation) monitors the situation on the labor market in the context of the subjects of the Russian Federation "in order to maintain an optimal balance of labor resources." The monitoring takes into account such indicators as the total number of attracted foreign workers, total unemployment (according to the methodology of the International Labor Organization), the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, issued in the form of a decision, and also checks the fact that the share of attracted foreign workers in the number of economically active population and the number of employed in The economy should not exceed the level of social tension in the labor market of the subjects of the Russian Federation.

Following the Rules for monitoring the situation on the labor market of the Russian Federation for the subjects of the Russian Federation, approved by the Decree of the Government of the Russian Federation dated October 15, 2015 No. 1106 (ed. dated 10/13/2017), data for calculations are supplied to the Ministry of Labor of Russia no later than the 20th of the month following the reporting month, the Ministry of Internal Affairs of Russia and Rostrud. In addition, official information of the Federal State Statistics Service is used. After receiving (in the form of a decision) the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations on the results of monitoring for the reporting month, the Ministry of Labor of the Russian Federation within three days monthly informs senior officials of the subjects of the Russian Federation about the results of monitoring.

The level of social tension in the labor market of the Russian Federation and the subjects of the Russian Federation, the excess of which is not allowed, is calculated by the formula: Tension level = (Number of unemployed + Number of foreign workers) / Number of economically active population x 100%.

Since, according to the requirements, the share of attracted foreign workers in the number of economically active population and in the number of employed in the economy should not exceed the level of social tension, the subject of the Russian Federation, with unchanged indicators of the economically active population, has the right to increase the number of migrant workers, provided that local unemployment is reduced. It is obvious that the need to maintain this kind of balance in conditions of structural unemployment and unexpected changes in the labor market situation complicates the management of the quality of foreign labor. And the inevitable use of the mechanism of frequent manipulation of admissions / prohibitions to attract foreign workers reduces the predictability and stability of migration policy at the regional level, making it difficult, among other things, to solve problems related to the creation of conditions for the adaptation of foreign citizens to living conditions in the Russian Federation.