Volokh V.A., Voronina N.A. —
On the question of dual citizenship
// Law and Politics. – 2018. – ¹ 1.
– P. 39 - 47.
DOI: 10.7256/2454-0706.2018.1.22850
URL: https://en.e-notabene.ru/lpmag/article_22850.html
Read the article
Abstract: The object of this research is the international and domestic legal regulation in the area of dual citizenship. The subject is the dual citizenship. The issue of dual citizenship is currently relevant not only for Russian Federation, but also many other countries. The current models of legal regulation of dual citizenship greatly differ from country to country, without meeting the needs of the individual in the modern world and causing many collisions in the legal systems. The authors analyze international law and national models of regulation of the question of dual citizenship, primarily from the positions of human rights. The novelty of this research partially consists in account of the latest trends in domestic policy of a number of countries on the question of dual citizenship. The work reveals the peculiarities of the legal regulation of dual citizenship within the framework of integrated union states. Special attention is given to the evolution of legislation in Russia. The authors conclude that in the modern world of agitated global political processes, the issues resulting from simultaneous belonging to different legal systems due to citizenship require modernization of approaches to the established models of legal regulation and development of clear definitions in both international and domestic laws.
Volokh V.A., Voronina N.A. —
On the question of dual citizenship
// Law and Politics. – 2018. – ¹ 1.
– P. 39 - 47.
DOI: 10.7256/2454-0706.2018.1.43059
URL: https://en.e-notabene.ru/lamag/article_43059.html
Read the article
Abstract: The object of this research is the international and domestic legal regulation in the area of dual citizenship. The subject is the dual citizenship. The issue of dual citizenship is currently relevant not only for Russian Federation, but also many other countries. The current models of legal regulation of dual citizenship greatly differ from country to country, without meeting the needs of the individual in the modern world and causing many collisions in the legal systems. The authors analyze international law and national models of regulation of the question of dual citizenship, primarily from the positions of human rights. The novelty of this research partially consists in account of the latest trends in domestic policy of a number of countries on the question of dual citizenship. The work reveals the peculiarities of the legal regulation of dual citizenship within the framework of integrated union states. Special attention is given to the evolution of legislation in Russia. The authors conclude that in the modern world of agitated global political processes, the issues resulting from simultaneous belonging to different legal systems due to citizenship require modernization of approaches to the established models of legal regulation and development of clear definitions in both international and domestic laws.
Volokh V.A., Suleimanova S.S. —
Role and Meaning of Media Politics in Migration Processes Administration
// Politics and Society. – 2015. – ¹ 10.
– P. 1427 - 1433.
DOI: 10.7256/2454-0684.2015.10.15424
Read the article
Abstract: The subject of the research is media politics. The object of the research is migration processes administration. The article analyses the synthesis of the notions “migration” and “communication”, and suggests the notion “migration communication”. The author highlights different degrees of sustainability of connections, communication, information exchange, as well as types and nature of such communication. Examining the development of civil society institutions in the field of migration, the author notes that the issues of migration are diverse and complex, which correspondingly requires the coordination of the activity of all decision-making structures which undoubtedly should be carried out based on the interaction between the representatives of governmental authorities and civil society. The study used such methodological approaches to the research on migration processes as logical analysis, synthesis, generalisation, analogies, classification, provisions of correlation-regression analysis, factor analysis. The authors come to a conclusion that in the formation and implementation of migration policy it is necessary to achieve communicative and informational identity. Considering the unity of migration and informational policy, the article analyses the notions of “power”, “informational power” and “spiritual power” in regard to “migration demographical policy”, justifying the unity of migration and informational policy. Migration and migration policy are of communicative nature and develop under information exchange, where a significant role is played by media communications and media, which creates the task of provision of ethnical and information identity with the means of political communication and information.
Volokh V.A., Volodin E.V. —
Employment Procedure for Foreign Nationals with Refugee Status or Temporary Asylum in the Russian Federation
// Legal Studies. – 2014. – ¹ 10.
– P. 19 - 37.
DOI: 10.7256/2305-9699.2014.10.1313
URL: https://en.e-notabene.ru/lr/article_13136.html
Read the article
Abstract: In their article “Employment Procedure for Foreign Nationals with Refugee Status or Temporary asylum in the Russian Federation”, the authors consider the problems of forced migration as relates to employment of foreign nationals with refugee status or temporary asylum in the Russian Federation, the relationship between foreign nationals and the governmental authorities, local authorities, officials of such authorities, established in connection with the work carried out by such foreign nationals in the Russian Federation. The article deals with the problems associated with the registration of such persons by their employers with various authorities and the responsibility in the event of non-performance of such obligations. It describes the matters relating to the taxation of foreigners working in Russia and their duty to pay social contributions.
It is noted that for today’s Russia, forced migration has become a problem which has not received sufficient attention or well-thought-through governmental decisions. The government’s inability to assist such forced migrants on a number of occasions results in non-performance of international obligations and lower international esteem of the country, while the non-regulated nature of the legal status of a significant number of foreign nationals and stateless persons increases the probability of crime and administrative offences. It is noted that foreign nationals which have the refugee status or temporary asylum for employment purposes in the Russian Federation do not need to obtain a work permit and their employer or customer buying their work/services does not need to obtain the permission to employ foreign workers.
At the time of being hired, the above category of foreign nationals cannot show their passports, therefore, pursuant to the provisions of Article 65 of the Labor Code, they produce their refugee certificate or the certificate of temporary asylum respectively, the details of which their employer should include in the employment or civil-law contract. Both when entering into employment and when providing documentary support for employment of such employees, their employer should act pursuant to the provisions of the Labor Code.
However, both refugees and the persons with temporary asylum in the Russian Federation remain foreign nationals, therefore, their employer should understand what to do with respect to such category of employees pursuant to the migration, tax laws and the laws related to social security.
Volokh V.A., Gerasimova I.V. —
Economic Benefits from Implementation of State Migration Policy in the Russian Federation
// Theoretical and Applied Economics. – 2014. – ¹ 1.
– P. 1 - 12.
DOI: 10.7256/2306-4595.2014.1.9629
URL: https://en.e-notabene.ru/etc/article_9629.html
Read the article
Abstract: This article focuses on the acceptance and approval of the Concept of the State Migration Policy of the Russian Federation until 2025 («Concept»). In this connection, there appeared a strategic document in the migration sphere.The research considers a comprehensive phased action plan for implementation in the 2012-2015 years of the Concept as a tool of the implementation of the Concept. In particular, the authors examined the specific activities associated with the economic effects of the implementation of this Concept, namely, to attract a permanent place of residence of our compatriots living in and abroad, as well as highly qualified and promising youth
Volokh V.A., Volodin E.V. —
Novel features of the labor migration legislation: positive and negative features.
// Legal Studies. – 2013. – ¹ 10.
– P. 93 - 103.
DOI: 10.7256/2305-9699.2013.10.9793
URL: https://en.e-notabene.ru/lr/article_9793.html
Read the article
Abstract: In the article "Novel features of the labor migration legislation: positive and negative features" the authors V.A. Volokh, and E.V. Volodin analyze one of the most topical current issues, that is the problem of establishing the need and quotes for the necessary number of foreign migrant workers brought to the Russian Federation. Most of the experts including the authors of this article often noted the need to include significant changes into the existing order for the establishing the need and quotes according to the Government Resolution of December 22, 2006, N. 783. From January 1, 2014 the new rules adopted by a Government Resolution of September 12, 2013 N. 800 "On approval of the Rules for Proposition Preparation for Establishing the Need for Involvement of Foreign Workers, Approval of Quotes for Provision of Invitations to Enter the Russian Federation for the Working Purposes and Quotes for Working Permits for Foreign Citizens". However, in the opinion of the authors, these Rules exclude direct participation of employers in the formation of propositions on the need to involve foreign workers, and this function is transferred to executive bodies. The existing situation requires the Ministry of Labour and Social Security to urgently form and approve the provisions for the formation of the need for foreign workers, including priority qualification groups, quotes for the invitations to enter the Russian Federation for the foreign citizens for the working purposes, quotes for working permits for foreign citizens, distribution of the said quotes, making their amount larger or smaller, and establishing the reserve for the quotes.
Volokh V.A. —
Legal grounds for temporary asylum for Edward Snowden
// Legal Studies. – 2013. – ¹ 9.
– P. 27 - 53.
DOI: 10.7256/2305-9699.2013.9.9431
URL: https://en.e-notabene.ru/lr/article_9431.html
Read the article
Abstract: In the article on legal grounds for provisional asylum for Edward Snowden the author analyzes Russian and foreign practices on temporary asylum for the persons being persecuted for their political views. It is noted that the term "asylum" has a wide meaning. The Russian Federation provides asylum for foreign citizens and apatrides, claiming asylum on its territory by 1) political asylum, 2) recognizing as a refugee, 3) temporary asylum. Having analyzed the Provisions on the Order of Provision of Political Asylum in the Russian Federation, as established by the Decree of the President of the Russian Federation, the author considers that Edward Snowden did not meet the criteria for a political asylum. Unlike persons requiring political asylum under the norms of the UN Refugee Convention of 1951 and its Protocol of 1967 regarding the status of refugees, a person who has well-grounded fears of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it may require a status of a refugee or other type of international protection (including temporary asylum). V.A. Volokh provides detailed analysis of the procedure of viewing claims for provision of a refugee status in the Russian and foreign practice, as well as matters of temporary asylum. In the opinion of the author by providing E. Snowden temporary asyulm the Russian Federation strictly complied with its international obligations regarding protection of persons claiming asylum due to persecution on the grounds of their political views.
Volokh V.A. —
Labor migration: legislation and politics
// Legal Studies. – 2013. – ¹ 3.
– P. 1 - 20.
DOI: 10.7256/2305-9699.2013.3.594
URL: https://en.e-notabene.ru/lr/article_594.html
Read the article
Abstract: The article "Labor migration: legislation and politics" is devoted to the topical problems of migration policy formation and legislation improvement in the sphere of labor migration. In the last 20 years Russian society and business faced both liberal approach towards labor immigration in late XX century, and strict administrative limitations in later years. In the opinion of the author starting from the second half of 2006 the novel approach prevailed, and it relied upon the market mechanism in order to regulate labor migration, and to widen the scope of legal migration in accordance with the interests of social and economic development of Russia. In 2007 the Federal Laws NN 109-FZ, 110-FZ of July 18, 2006, as well as some other acts entered into force, and the legislative regime of migration management in Russia changed considerably. Additionally, on May 19, 2010 the Federal Law N 86-FZ "On amendments to the Federal Law "On legal status of foreign citizens in the Russian Federation", the Tax Code of the Russian Federation and the Budget Code of the Russian Federation" established the specific features of legal regulation of labor activities of foreign citizens, being highly qualified specialists, and also persons who entered the Russian Federation via no visa procedure for hire by physical persons. The new Concept for the State Migration Policy for the period till 2025, which was adopted on June 13, 2012 by the President of the Russian Federation plays an important role.
Volokh V.A., Suvorova V.A. —
The state migration policy concept of Russia: basis for the migration security of the state.
// Security Issues. – 2013. – ¹ 3.
– P. 1 - 16.
DOI: 10.7256/2306-0417.2013.3.713
URL: https://en.e-notabene.ru/nb/article_713.html
Read the article
Abstract: In this article "The state migration policy concept of Russia: basis for the migration security of the state" V.A. Volokh, PhD, and V.A. Suvorova note that for a long time there was no holistic system of views on contents and key directions of state strategic course implementation in the sphere of migration processes. The Concept of State Migration Policy of the Russian Federation till 2025 approved by President V.V. Putin establishes the principles and key activity directions for the Russian Federation in the sphere of migration. The concept defines goals, principles, aims, key directions and mechanisms for the implementation of state migration policy of the Russian Federation. The Government of the Russian Federation has approved a detailed action plan for the first stage (2012-2015) of the State Migration Policy Concept. In the opinion of the authors implementation of state migration policy shall facilitate social, economic and demographic advancement, guarantee national security and support stability in the society.
Volokh V.A. —
Migration Policy: Readmission as an Efficient Instrument of Illegal Migration Management
// Security Issues. – 2012. – ¹ 1.
– P. 255 - 270.
DOI: 10.7256/2306-0417.2012.1.106
URL: https://en.e-notabene.ru/nb/article_106.html
Read the article
Abstract: Over the past few years the migration issue has become a stable and usual priority in the agenda of the global community. Illegal migration, i.e. entry and stay in a country in defiance of the established order, remains one of the most nettlesome issues of modern times. It is illegal migration which comes to the first place among other challenges and threats today. Obviously, it is impossible to handle the situation using the old approaches. The author of the article suggests new efficient methods of interstate interactions for the purpose of returning illegal migrants to their native land. The author also describes the main mechanisms of readmission and analyzes the modern state of the institution of readmission in the Russian Federation. The author also underlines the main factors necessary for implementation of readmission responsibilities and suggests further ways of developing this institution.
Based on the author, readmission is an efficient instrument of illegal migration management that would contribute to the national security.
Volokh V.A. —
// National Security. – 2011. – ¹ 10.
DOI: 10.7256/2454-0668.2011.10.4249
Read the article
Volokh V.A. —
// Politics and Society. – 2011. – ¹ 8.
DOI: 10.7256/2454-0684.2011.8.8472
Read the article
Volokh V.A. —
// Law and Politics. – 2011. – ¹ 6.
DOI: 10.7256/2454-0706.2011.6.2676
Read the article
Volokh V.A. —
// Law and Politics. – 2011. – ¹ 6.
DOI: 10.7256/2454-0706.2011.6.41522
Read the article
Volokh V.A. —
// Politics and Society. – 2011. – ¹ 1.
DOI: 10.7256/2454-0684.2011.1.8419
Read the article