Petrovskaya M.I. —
Temporary Asylum: Problems of Public Administration, Statistics and Administrative Legal Regulation
// Legal Studies. – 2023. – ¹ 11.
– P. 108 - 119.
DOI: 10.25136/2409-7136.2023.11.68892
URL: https://en.e-notabene.ru/lr/article_68892.html
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Abstract: The author examines the current issues of the institution of temporary asylum in the context of the current administrative and legal regulation and public administration practice. The article pays attention to the problems of implementing the institution of temporary asylum known in the literature, associated with the complex administrative procedure for granting temporary asylum status and the long period of consideration of an application for status, as well as the falling demand for refugee and temporary asylum institutions, reflected in statistical data. The object of the study is the public relations arising in the field of forced migration. The subject of the study is the public relations that arise regarding the implementation of public administration in the process of granting temporary asylum status. The purpose of this article is to develop proposals for reforming the administrative and legal regulation of the institution of temporary asylum in the Russian Federation in the system of public management of forced migration in Russia. The scientific novelty of this article consists in conducting a qualitative analysis of the provision of refugee status and temporary asylum based on statistical data from government agencies and other sources in the field of forced migration in Russia. Particular attention is paid to forced migrants from Ukraine in the context of existing problems. A systemic problem of inconsistency between statistical data on the granting of refugee status, temporary asylum and citizenship of the Russian Federation and the actual socio-political situation has been identified. In conclusion, proposals for modernizing the current legislation in the field of forced migration are formulated, including the vesting of statistical powers in the field of forced migration of the Russian Ministry of Internal Affairs, as well as the introduction into administrative and legal practice of a new legal status - “temporary protection”
Petrovskaya M.I. —
Problems of administrative and legal regulation of emergency migration in Russia
// National Security. – 2023. – ¹ 6.
– P. 1 - 15.
DOI: 10.7256/2454-0668.2023.6.69139
URL: https://en.e-notabene.ru/nbmag/article_69139.html
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Abstract: The relevance of the study is due to the unprecedented increase in the flow of forced migrants in Russia, which creates an increased burden on the social and law enforcement systems of the state, requires the mobilization of significant resources to successfully solve the problems and optimize existing public administration schemes, the formation of a qualitatively new system of administrative and legal regulation of forced migration. The methodology of the work is determined by the specifics of the issues under consideration. The work used methods of analysis, synthesis, statistical method, deduction and induction, formal legal analysis. The main conclusions of the study are related to the identification of the insufficient level of functional and organizational readiness of the system of public administration of migration for the emergency mass arrival of forced migrants on the territory of Russia, which is expressed in the absence of ready-made administration schemes in the conditions of emergency mass arrival of forced migrants, situational administration based on by-law regulation, lack of effective mechanisms for social adaptation and integration of forced migrants.
These circumstances violate the integrity and consistency of public administration in this area and provoke desynchronization of public administration due to the lack of a coordinating body in the field of forced migration.
The novelty of the study lies in the consistent analysis of the processes of administration of forced migration in the regimes of normal administration and in the administration regime in conditions of emergency mass arrival of forced migrants to the territory of Russia. The features of situational subordinate legal regulation have been studied and systemic problems in current administrative and legal approaches in the field of forced migration have been identified.
Petrovskaya M.I. —
The main problems of state management of forced migration in Russia: administrative and legal aspect
// Administrative and municipal law. – 2023. – ¹ 5.
– P. 136 - 145.
DOI: 10.7256/2454-0595.2023.5.48473
URL: https://en.e-notabene.ru/ammag/article_48473.html
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Abstract: The object of this work is the social relations developing in the field of forced migration.
The subject of this work is social relations formed in connection with the implementation of public administration in the field of forced migration.
The purpose of the work is to develop proposals and recommendations for improving the current legislation in the field of forced migration
The methodology of the work is determined by the specifics of the issues under consideration. The methods of analysis and synthesis were used in the analysis of state-legal and social phenomena in the field of forced migration, statistical methods for establishing patterns and analyzing the dynamics of the development of state-legal institutions over time, deduction and induction, as well as formal legal methods in the formulation of conclusions and proposals. The main aim of the study is to identify the basic problems of public administration in the field of forced migration associated with the lack of signs of consistency in the activities of state bodies in the field of forced migration. In particular, this is manifested in the insufficient implementation of the functions of adaptation and integration of forced migrants. Attention is also paid to the complexity of administrative procedures and the declining social non-demand for refugee status.
A special contribution of the author is a comprehensive consideration of the problems of forced migration both through the prism of state and public interests, and in the context of the interests of forced migrants.
The novelty of the research lies in the analysis of forced migration processes through the prism of potential partnership relations between the state, society and forced migrants, focusing on the issues of social adaptation and integration of forced migrants as a necessary condition for their social integration and the prevention of crime in their environment.
Petrovskaya M.I. —
Systemic problems of administrative and legal regulation of the powers of state bodies in the field of forced migration in Russia
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 4.
– P. 37 - 49.
DOI: 10.7256/2306-9945.2023.4.69246
URL: https://en.e-notabene.ru/al/article_69246.html
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Abstract: The relevance of the research topic consist in the existing systemic problems in the field of forced migration, including the lack of a real coordinating link, unsystematic state policy in the field of social adaptation and integration of forced migrants, and identified problems in statistical activities.
The main conclusions of the study are to substantiate the need for high-quality administrative reform, including the formation of a single coordinating body authorized to carry out coordination functions and determine public administration schemes in various situations, modernize statistical activities, and create a specialized body authorized to carry out functions in the field of social and cultural adaptation of forced migrants and the adoption of the corresponding federal law.
The author’s special contribution is a systematic study of statistical data on forced migration and identification of systemic problems in statistical activities, analysis of the latest legislation in the field of social and cultural adaptation.
The scientific novelty of the study is due to the systematic approach to the study of issues of forced migration as a special category of public administration, different from labor and voluntary migration, the synthesis of law enforcement and protective powers and powers in the field of social and cultural adaptation and integration of forced migrants. This made it possible to analyze the activities of government bodies both from the perspective of suppressing illegal migration and compliance with established administrative procedures, and from the perspective of implementing a unified state policy in the field of social and cultural adaptation and integration, legal education, promoting the prevention of crime, strengthening integration and increasing the positive economic effect from the labor activity of forced migrants.
Petrovskaya M.I. —
The scope of public administration in the sphere of forced migration in Russia: administrative-legal aspect
// Administrative and municipal law. – 2021. – ¹ 6.
– P. 32 - 43.
DOI: 10.7256/2454-0595.2021.6.32445
URL: https://en.e-notabene.ru/ammag/article_32445.html
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Abstract: This article is dedicated to substantiation of the specificity of public administration in the sphere of forced migration; reveals the specifics of this type of migration and peculiarities of its administrative-legal regulation. The goal lies in obtaining the theoretical conclusions and developing practical recommendations for the improvement of the system of governance of forced migration in Russia. The object of this research is public administration in the sphere of forced migration. The subject is a set of norms of administrative law of the Russian Federation that establish general provisions of the governance of forced migration, as well as determine the actors, institutions and mechanisms used in the process of ensuring the functionality of the system of acceptance of forced migrants. Within the framework of this research, the author outlines the methods for solve the identified problems in the sphere of governance of forced migration in Russia. Analysis is also conducted on recent changes in legislation that have not previously become the subject of a separate research. The ongoing developments in the sphere of forced migration are examined for the first time since delegation of powers in this sphere to the Russian Ministry of Internal Affairs.