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DOI: 10.7256/2454-0668.2023.6.69139
EDN: ZWLRUU
Received:
24-11-2023
Published:
01-12-2023
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.
Keywords:
public administration, social adaptation, forced migrant, economic adaptation, emergency administration mode, administrative procedures, refugee, migration, situational administration, illegal migration
This article is automatically translated.
Introduction The relevance of the stated research topic is due to the unprecedented high level of forced migration in the Russian Federation, which is generally associated with the tense geopolitical situation around the world. The massive emergency arrival of forced migrants, including from Ukraine, predetermined the need to optimize the existing administrative and legal model of public administration to solve the problems of registration and reception of forced migrants. Previous attempts to reform this area have not been fully successful, so all changes were made by the Government on an emergency basis already in the process of accepting forced migrants. It should be noted that there is currently a trend towards situational management in the field of forced migration, which in the short and medium term requires high—quality administrative and legal reforms. These circumstances determine the relevance of the study of the current administrative and legal model of forced migration management in Russia and the search for ways to optimize it. The object of the study of this work is the social relations that develop in the field of forced migration. The subject of this work is the administrative and legal norms governing public relations in the field of forced migration under normal conditions and conditions of emergency mass arrival of forced migrants. The purpose of this work is to develop proposals and recommendations for improving the current legislation in the field of forced migration. The main part The state management of forced migration in Russia is an orderly system of administrative and legal relations arising between the state and its state bodies on the one hand, and foreign citizens and stateless persons on the other hand, regarding the implementation of registration actions, stay, social, legal and economic adaptation and integration of forced migrants on the territory of Russia. The state management of forced migration in Russia is characterized by a number of specific features. Such features include multi-systemism insofar as public administration in the field of forced migration is characterized by the presence of a wide range of legal, political, economic, social and humanitarian issues that require a balanced approach, not only taking into account humanitarian obligations [1, p. 42], but also taking into account the level of socio-economic development of the subjects of the Russian Federation, the material and economic needs of forced migrants, the level of budgetary provision of the social sphere and a number of other issues [2, pp. 44-53]. It is quite natural that the problems of public administration in the field of forced migration are studied within the framework of various branches of scientific knowledge [3, p. 46]. It is worth noting separately that forced migration requires a special managerial approach that combines both elements of persuasion, expressed in the social, legal and economic adaptation and integration of forced migrants, and elements of coercion, expressed in mandatory registration and identification procedures, registration of permits, quotas of forced migrants and their distribution to certain entities in need in working resources, bringing to legal responsibility forced migrants who have committed crimes and offenses, including the deportation of persons who violate the norms of the current legislation of Russia. There has been a discussion in science for quite a long time regarding the effectiveness of the Ministry of Internal Affairs of the Russian Federation (hereinafter - the Ministry of Internal Affairs of Russia) as the main management entity with the broadest powers in the field of forced migration. Some scientists hold the view that the Ministry of Internal Affairs is not able to effectively carry out the functions of public administration in the field of forced migration due to the fact that the nature of its powers is of a forceful and human rights nature, and therefore the Ministry of Internal Affairs is able to effectively carry out only registration, law enforcement and human rights functions. It should be noted in this regard that public administration in the field of forced migration involves the implementation of functions and tasks for the social adaptation and integration of forced migrants, contributing to better socialization and legal education of forced migrants [4, p. 22]. The effective implementation of these functions, in turn, according to the author, can have a positive impact on the prevention of crimes and offenses among forced migrants. On the other hand, other scientists believe that the Ministry of Internal Affairs of Russia has significant human rights potential and the division of powers between various state bodies or the granting of powers to the Ministry of Internal Affairs of Russia that it is not able to exercise effectively may affect other areas of activity, as well as violate the existing security regime [5, p. 59]. In this regard, it is advisable to leave the Ministry of Internal Affairs of Russia with only those powers that the Ministry of Internal Affairs of Russia is able to exercise, without a doubt, effectively, that is, powers of a legal and law-protecting nature [6, p. 58]. This statement also fully correlates with the positions of the President of Russia, who in his speeches at the Expanded Board of the Ministry of Internal Affairs of Russia repeatedly noted the need to combat illegal migration[1].
Although the author shares doubts about the effectiveness of the Ministry of Internal Affairs of Russia in the field of social adaptation and integration, he adheres to a balanced approach that combines not only a clear division of functions and powers, taking into account the specifics of the main activity (for the Ministry of Internal Affairs of Russia, this is law enforcement and human rights activities), but also the presence of coordinating and complementary powers, thus In order for a specialized state structure authorized in the field of social adaptation and integration of forced migrants to work in conjunction with the Ministry of Internal Affairs of Russia, while its activities would contribute not to fragmentation of public administration in the field of forced migration, but to giving it integrity, consistency and effectiveness in any conditions. The managerial approach to forced migration under normal conditions is based primarily on the activities of the Ministry of Internal Affairs of Russia, regulated by a number of regulatory documents. Such documents include the Regulation on the Ministry of Internal Affairs[2], which regulates the procedure for the activities and powers of the Ministry of Internal Affairs of Russia, including in the field of forced migration. Despite the significant specifics of activities in the field of forced migration, in addition to the actual licensing, registration and protective powers, the Regulations of the Ministry of Internal Affairs of Russia contain only general provisions on the regulation of forced migration[3]. The procedure for providing appropriate services to forced migrants, including consideration of applications for refugee recognition, applications for temporary asylum, are regulated by the relevant administrative and legal acts of the Ministry of Internal Affairs of Russia, including administrative regulations[4]. The procedure for granting temporary asylum is additionally regulated by a Decree of the Government of the Russian Federation. Thus, public administration in Russia is carried out, as a rule, under normal conditions, when all administrative and legal procedures and stages provided for by current legislation in the field of reception, registration and ensuring the rights of forced migrants are systematically and consistently implemented within the time limits established by law [7, pp. 111-113]. Thus, the regulated time for consideration of a person's application for refugee status is 3 months in accordance with paragraph 20 of the Administrative Regulations of the Ministry of Internal Affairs of Russia[5]. At the same time, the regulated time for consideration of an application for temporary asylum, that is, the status that most contributes or, at least, should contribute to ensuring Russia's compliance with its humanitarian obligations, is also 3 months. In the case of an emergency mass arrival of forced migrants, emergency administrative and legal mechanisms regulated in the Federal Law on Refugees, in particular in article 14, which reveals the mechanism for the distribution of forced migrants in the relevant subjects and contains a reference norm on the emergency procedure for the implementation of public administration in accordance with administrative legal acts, are integrated into the process of ordinary management. published by the Russian Government. Thus, the management mechanism in the situation of emergency mass arrival of forced migrants in Russia is formed each time by the Russian Government for a specific situation, that is, it is situational. Such an approach, on the one hand, can make it possible to optimize the current administrative and legal mechanism and, accordingly, the process of public administration for a specific situation. On the other hand, the lack of a consistent and well-established approach to state management of forced migration in the event of an emergency mass arrival of forced migrants creates legal and managerial uncertainty, calls into question the possibility of fulfilling Russia's humanitarian obligations and reduces the quality and effectiveness of public administration in conditions different from usual [8, pp. 64-68]. A systematic and balanced approach, according to the author, presupposes the existence of interaction schemes for government agencies involved in the management of forced migration, the order of their coordination and subordination, and the definition of a coordinating link in these processes. The established practice of manual and situational management deprives the process of public administration of consistency and integrity, because instead of systematic work in special conditions (that is, conditions of emergency mass arrival of forced migrants to the territory of Russia), characterized by the mobilization of additional resources and the implementation of well-established public administration schemes, in practice we see that the Russian Government simply reduces the time for consideration of an application for granting temporary asylum from 3 months to 3 days[6]. At the same time, there are no regulations in this Resolution on optimizing administrative and legal procedures. It should also be recalled that according to statistics provided by leading federal media, in particular, the Russian newspaper[7], TASS,[8] the number of refugees, or rather forced migrants, in Russia is more than 5 million people from Ukraine alone, not counting other problem regions, including Syria and Afghanistan. This poses very serious problems for the Russian migration system. Thus, the Ministry of Internal Affairs of Russia is forced to carry out those procedures that were carried out for 3 months under normal conditions for 3 days. In this regard, two mutually exclusive assumptions seem logical:
1) The administrative and legal procedure for considering an application for temporary asylum status under normal conditions is excessively time-consuming, and, in the case of resource mobilization, can be carried out without loss of quality and efficiency within 3 days. 2) The administrative and legal procedure for considering an application for temporary asylum status under normal conditions does take 3 months, since it requires a significant amount of work. The Ministry of Internal Affairs of Russia must independently determine how to optimize the administrative and legal procedure for considering an application for temporary asylum status from 3 months to 3 days in an extremely short time, which is impossible without mobilizing huge resources. Additionally, it is worth noting that we are considering the situation of mass arrival of forced migrants in an emergency, which is characterized by the fact that the number of people applying for temporary asylum increases significantly, which creates an additional burden on the public administration system in the field of forced migration. In this case, the amount of resources needed to accomplish this task without loss of quality and efficiency of public administration can be hundreds or even thousands of times more than the amount of resources spent on public administration of forced migration under normal conditions. In general, situational state management of forced migration, taking into account the above objective circumstances and difficulties, seems ineffective and requires unplanned mobilization of human and material resources, restructuring of administrative schemes and management algorithms created over the years for specific deadlines, as happened in the above-mentioned Government Decree, which is a systemic and systematic defect that has been manifested for years, but He was not eliminated. We emphasize that the Ministry of Internal Affairs of Russia, in fact, was itself aware of the need to reform the sphere of state management of forced migration. And in this regard, on January 25, 2022, an attempt was made to develop and adopt a Federal law “On granting asylum in the territory of the Russian Federation”, which is still under consideration on the relevant Internet portal[9]. These circumstances emphasize the need to develop a systematic and balanced approach to the state management of forced migration. It is necessary to develop in advance schemes of interaction between government agencies, realistic deadlines for reviewing applications, create reserve funds of material resources and staff who can be quickly mobilized for a specific situation. According to the author, the exclusivity of the situation cannot justify the unpreparedness of the Russian migration system for the mass reception of forced migrants. It should be noted that these problems concerned exclusively the stage of registration and reception of forced migrants. In addition to registration and licensing procedures in the forced migration management system, there is a stage of social, legal and economic adaptation and integration of forced migrants, which is not given enough attention in the administrative and legal practice of Russia. This, in turn, indirectly leads to an increase in crime in the field of migrants, which employees of the Ministry of Internal Affairs of Russia are forced to deal with. Thus, it turns out to be a vicious circle. An involuntary migrant in Russia receives a legal status and, if the forced migrant is able to adapt and integrate himself into the social, economic and legal system of Russia, then the chances of his stay in Russia increase. If, however, the activities of an involuntary migrant are criminalized due to lack of knowledge about the social and legal system of Russia, then the Ministry of Internal Affairs of Russia implements a protective function and the involuntary migrant is either deported or serves a sentence for his actions within the Russian penitentiary system [9, pp. 7-10]. From the point of view of improving management efficiency, it is recommended to qualitatively structure the array of public relations subject to administrative and legal regulation, including categorically, forced migration, labor migration [10, pp. 69-72]. Conclusions Based on the results of the research, the author formulated the following recommendations and suggestions for improving the current legislation: 1) In case of an emergency mass arrival of forced migrants, it is advisable to use non-profit organizations that are able to effectively mobilize and provide necessary services to forced migrants in the field of social, legal, economic adaptation and integration in a short time. This can be considered as a kind of "social outsourcing", when the state attracts external performers to carry out socially significant activities, and performers receive appropriate funding and material support. In this context, the author proposes to create a register of the most reliable and verified non-profit organizations capable of providing these services and carrying out appropriate measures for social, cultural and economic adaptation most effectively. Currently, the state body authorized to exercise powers in the field of social adaptation and integration of forced migrants is the Federal Agency for Nationalities, whose activities are mainly focused on cultural and entertainment events, which does not contribute to solving existing problems of social adaptation and integration[10].
The involvement of commercial organizations seems to be a dubious initiative, since their main activity is profit-making, which can negatively affect the quality of services and related activities. 2) In order to solve the existing problems, the author proposes to develop a detailed procedure for working with forced migrants in conditions of emergency mass arrival of forced migrants. In this case, the coordinating body, according to the author, may be the Ministry of Internal Affairs of Russia. This procedure may include a scheme of interaction, that is, coordination and subordination, of state bodies in the process of managing forced migration, a scheme for creating and managing reserve funds of material resources and a personnel reserve. 3) Quotas for forced migrants and their distribution are the most important tool for managing migration flows. It should be noted that in the Russian Federation quotas in the field of forced migration are carried out in accordance with the Decree of the Government of Russia dated 03/12/2022, which establishes the mechanism for the distribution of forced migrants from Ukraine[11]. Nevertheless, this mechanism causes not only positive, but also critical comments, since it does not contain real mechanisms for the economic motivation of forced migrants. Ultimately, this may lead to the fact that forced migrants, using other legal statuses, migrate to the most economically and socially attractive regions of the Russian Federation, which devalues the value of the distribution mechanism. In this regard, the author proposes to develop a mechanism for economic stimulation of forced migrants based on a system of subsidies and subsidies for both regions and forced migrants, which will be part of a unified system for the distribution of forced migrants in Russia, depending on the socio-economic needs of the respective regions. This mechanism may be regulated by an appropriate Decree of the Russian Government. This will make it possible to use the opportunities and competencies of forced migrants for the development of the economic sphere of underdeveloped regions of Russia and, thus, ensure the socio-economic integration and adaptation of forced migrants in the most natural conditions of a market economy. 4) The creation of a specialized state body authorized to fully carry out the functions of social, economic and legal integration and adaptation of forced migrants, which will allow, on the one hand, to specialize this activity and significantly improve the quality of work with forced migrants, as well as optimize the load on the Ministry of Internal Affairs of Russia. 5) Granting the Ministry of Internal Affairs of the Russian Federation coordinating powers in terms of managing forced migration, taking into account the fact that the Ministry of Internal Affairs of the Russian Federation has the most information about the situation in this area. [1] Speech by the President of Russia at the Expanded meeting of the Board of the Ministry of Internal Affairs of Russia on February 17, 2022 // President of Russia: official website. URL: http://www.kremlin.ru/events/president/news/67795 (date of application: 11/27/2023). [2] Decree of the President of the Russian Federation dated December 21, 2016 No. 699 as amended on July 17, 2023 "On approval of the Regulations on the Ministry of Internal Affairs of the Russian Federation and the Model Regulations on the territorial body of the Ministry of Internal Affairs of the Russian Federation for the subject of the Russian Federation" // Collection of Legislation of the Russian Federation. 2016. No. 52 (part V). Article 7614. [3] Order of the Ministry of Internal Affairs of the Russian Federation No. 855 dated November 14, 2022 "On approval of the Regulations of the Ministry of Internal Affairs of the Russian Federation" // official Internet portal of legal information. URL: http://publication.pravo.gov.ru/Document/View/0001202304250020?ysclid=loriqlsker69432341 (accessed: 11/27/2023). [4] On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of public services for the consideration of applications for refugee recognition in the Territory of the Russian Federation and Applications for Temporary Asylum in the Territory of the Russian Federation: [Order of the Ministry of Internal Affairs of the Russian Federation dated June 11, 2019 No. 376: ed. November 17, 2020] // Ministry of Internal Affairs of the Russian Federation: official website. URL: https://ìâä.ðô/upload/site74/folder_page/020/349/934/Prikaz_MVD_Rossii_ot_11.06.2019_N_376_red._ot_17.11.2020.pdf?ysclid=lorj1c38fa843262570 (date of application: 11/27/2023). [5] Order of the Ministry of Internal Affairs of the Russian Federation dated June 11, 2019 No. 376 as amended on November 17, 2020 "On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of public services for the consideration of applications for recognition as a refugee in the territory of the Russian Federation and applications for temporary asylum in the territory of the Russian Federation" // Ministry of Internal Affairs of the Russian Federation Federation: official website. URL: https://ìâä.ðô/upload/site74/folder_page/020/349/934/Prikaz_MVD_Rossii_ot_11.06.2019_N_376_red._ot_17.11.2020.pdf?ysclid=lorj1c38fa843262570 (date of application: 11/27/2023). [6] Decree of the Government of the Russian Federation of July 22, 2014 No. 690 as amended on March 29, 2023 "On granting temporary asylum in the territory of the Russian Federation to citizens of Ukraine and stateless persons permanently residing in Ukraine who arrived in an emergency mass order on the territory of the Russian Federation in search of asylum together with the "Temporary Rules for granting temporary asylum on the territory of the Russian Federation to citizens of Ukraine and stateless persons who permanently resided on the territory of Ukraine, who arrived in an emergency mass order on the territory of the Russian Federation in search of asylum" // Collection of legislation of the Russian Federation. - 2014. – No. 30 (part II). – Article 4326. [7] Russia has accepted five million refugees from Ukraine // Rossiyskaya Gazeta: website. URL: https://rg.ru/2023/06/19/grazhdane-skitalcy.html (date of application: 11/27/2023). [8] Since February 2022, more than 5.2 million refugees have arrived in Russia from the territory of Ukraine URL: https://tass.ru/obschestvo/16914809 ?ysclid=lo2rr1c52b835541156 (accessed: 11/27/2023)
[9] The Ministry of Internal Affairs of Russia has developed a draft federal law "On granting asylum in the territory of the Russian Federation" / https://ìâä.ðô/mvd/structure1/Glavnie_upravlenija/guvm/news/item/28166807 /?ysclid=ln8l93psmh184203510 (accessed: 11/27/2023). [10] Federal Agency for Ethnic Affairs of Russia / https://fadn.gov.ru / (accessed: 11/27/2023). [11] Decree of the Government of the Russian Federation dated March 12, 2022 No. 349 as amended on April 18, 2023 "On the distribution of Citizens of the Russian Federation, Ukraine, Donetsk People's Republic, Luhansk People's Republic and stateless persons Permanently Residing in the Territories of Ukraine, Donetsk People's Republic, Luhansk People's Republic, those who were forced to leave the territories of Ukraine, the Donetsk People's Republic, the Luhansk People's Republic and arrived on the territory of the Russian Federation in an emergency mass order" // Collection of legislation of the Russian Federation dated March 21, 2022, No. 12, Article 1835.
References
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2. Petrovskaya, M.I. (2021). Contents of public administration in the field of forced migration in Russia: administrative and legal aspect. Lawyer, 1, 44-53.
3. Smorgunov, L.V. et al. (2016). Public policy management Moscow: Aspect-Press.
4. Volokh, V. A., & Volodin, E. V. (2014). The procedure for employment of foreign citizens who have received refugee status or temporary asylum in the Russian Federation. Legal Research, 10, 19-37.
5. Zakharova, E. P. (2018). Problems of legal regulation of certain measures of administrative coercion applied in connection with violations of migration legislation. Bulletin of the Saratov State Law Academy, 4(123), 57-63.
6. Ryazanova, L.P. (2017). Legal status of an illegal migrant: the problem of definition. Bulletin of the Belgorod Legal Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin, 2(30), 57-60.
7. Petrovskaya, M.I. (2023). Basic approaches to administrative and legal regulation of public administration in the field of forced migration in Russia. Eurasian Legal Journal, 7, 111-113.
8. Petrovskaya, M.I. (2022). Institute of temporary asylum in the Russian Federation: problems and prospects. Problems of scientific thought, 2(8), 64-68.
9. Bulatov R.B., & Andreytso S.Yu. (2021). Realization of the rights of foreign citizens in Russia: forced migration, administrative responsibility. Migration Law, 1, 7-10.
10. Andreytso, S.Yu. (2022). Problems of implementing migration policy in Russia: human rights, labor, forced illegal migration. Bulletin of the St. Petersburg Law Academy, 2(55), 69-72.
First Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
The subject of the study. In the peer-reviewed article "Problems of administrative and legal regulation of state management of forced migration in conditions of emergency mass arrival of forced migrants to the territory of Russia", the subject of the study is the norms of law governing public relations arising between the state and foreign citizens and stateless persons "regarding the implementation of registration actions, stay, social, legal and economic adaptation and integration of forced migrants on the territory of Russia". Research methodology. When writing the article, such methods were used as: logical, theoretical-prognostic, formal-legal, system-structural and legal modeling. The methodological apparatus consists of the following dialectical techniques and methods of scientific cognition: analysis, abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization and generalization. The work used a combination of empirical and theoretical information. The use of modern methods made it possible to study the established approaches, views on the subject of research, develop an author's position and argue it. The relevance of research. The relevance of the research topic stated by the author is beyond doubt. Forced mass migration creates a lot of problems of various etymologies both for the migrants themselves and for those States on whose territory they arrive. The author rightly notes that "... forced migration requires a special managerial approach that combines both elements of persuasion, expressed in the social, legal and economic adaptation and integration of forced migrants, and elements of coercion, expressed in mandatory registration and identification procedures, registration of permits, quotas of forced migrants and their distribution to certain subjects those in need of work resources, bringing to legal responsibility forced migrants who have committed crimes and offenses, including the deportation of persons who violate the norms of the current legislation of Russia." These circumstances indicate the relevance of doctrinal developments on this topic in order to improve legislation and practice of its application. Scientific novelty. Without questioning the importance of previous scientific research, which served as the theoretical basis for this work, nevertheless, it can be noted that this article for the first time formulated noteworthy provisions, for example: "... It is advisable in the case of an emergency mass arrival of forced migrants to use non-profit organizations capable of effectively mobilizing and providing necessary services to forced migrants in a short time migrants in the field of social, legal, economic adaptation and integration". Based on the results of writing the article, the author has made a number of theoretical conclusions and suggestions, which indicates not only the importance of this study for legal science, but also determines its practical significance. Style, structure, content. First of all, I would like to point out the need to adjust the title of the article for two reasons: 1) the title is too long for a scientific article; 2) repetition of the concepts of "forced migration" and "forced migrants". In general, the article is written in a scientific style, using special legal terminology. At the same time, the correctness of using the term "object" in relation to foreign citizens and stateless persons is questionable, it seems that these persons should still be considered subjects of legal relations, and the object of public administration is their behavior (actions or omissions). Also, the text of the article is not devoid of certain grammatical errors and typos: for example, "agency", "Russian Federal media", etc. There are often repetitions of words in sentences, it is necessary to use synonyms or paraphrase sentences. In addition, the introduction does not meet the requirements for this part of the scientific article. And also, in conclusion, it would be necessary to formulate the main results that the author achieved during the research. The comments are disposable. The article is structured. The topic is disclosed, the content of the article corresponds to its title. The numbering of footnotes is not entirely clear ([§§], [‡‡‡] etc.), it may be a technical glitch. Bibliography. The author uses a sufficient number of doctrinal sources, and provides links to publications of recent years. References to sources are designed in accordance with the requirements of the bibliographic GOST. Appeal to opponents. A scientific discussion is presented on certain issues of the stated topic, and appeals to opponents are correct. All borrowings are decorated with links to the author and the source of the publication. Conclusions, the interest of the readership. The article "Problems of administrative and legal regulation of the state management of forced migration in conditions of emergency mass arrival of forced migrants on the territory of Russia" is recommended for publication with the condition of its completion. The article corresponds to the subject and editorial policy of the journal "National Security / nota bene". The article is written on an urgent topic, has practical significance and is characterized by scientific novelty. This article may be of interest to a wide readership, primarily specialists in the field of law enforcement and administrative law, and will also be useful for teachers and students of law schools and faculties.
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
The subject of the research in the article submitted for review is "... administrative and legal norms regulating public relations in the field of forced migration under normal conditions and conditions of emergency mass arrival of forced migrants." As an object of research, the author indicates "... social relations developing in the field of forced migration." The stated boundaries of the study are observed by the author. The methodology of the research is not disclosed in the text of the article, but it is obvious that the scientists used universal dialectical, logical, statistical, formal and legal research methods. The relevance of the research topic chosen by the author is undeniable and justified by him as follows: "The relevance of the stated research topic is due to the unprecedented high level of forced migration in the Russian Federation, which is generally associated with the tense geopolitical situation around the world. The massive emergency arrival of forced migrants, including from Ukraine, predetermined the need to optimize the existing administrative and legal model of public administration to solve the problems of registration and reception of forced migrants. Previous attempts to reform this area have not been fully successful, so all changes were made by the Government on an emergency basis already in the process of accepting forced migrants. It should be noted that there is currently a trend towards situational management in the field of forced migration, which in the short and medium term requires high-quality administrative and legal reforms. These circumstances determine the relevance of the study of the current administrative and legal model of forced migration management in Russia and the search for ways to optimize it." Additionally, the scientist needs to list the names of the leading experts who have been engaged in the study of the problems raised in the article, as well as reveal the degree of their study. As the author points out, the purpose of the article is "... to develop proposals and recommendations for improving the current legislation in the field of forced migration." Scientific novelty of the work is reflected in the conclusions of the scientist: "the Author, though shared the doubts about the effectiveness of the MIA of Russia in the field of social adaptation and integration, but adheres to a balanced approach that combines not only a clear division of functions and powers taking into account the specifics of the main activity (for MVD Rossii is a law enforcement and human rights activity), but the presence of coordinating and complementary powers, so that specialized state Agency responsible in the field of social adaptation and integration of forced migrants, worked in a single conjunction with the Ministry of internal Affairs of Russia, moreover, its activity would not fragmentation of public administration in the field of forced migration, and giving it the integrity, consistency and efficiency in all conditions"; "... control mechanism in an emergency mass arrival of forced migrants in Russia, every time formed the Government under the specific situation, that is a situation"; "... situational governance of forced migration with the above objective circumstances and complexities is inefficient and unplanned requires the mobilization of human and material resources, re-created by years of administrative circuits and control algorithms under specific timing of the task, as happened in the above Decision of the Government that is systemic and systematic defect that manifested over the years, but not eliminated"; "it is Expedient in case of emergency mass arrival of forced migrants to use nonprofit organization is able to effectively mobilize, and in a short time to provide needed services to displaced persons in the field of social, legal, economic adaptation and integration. This can be considered as a kind of "social outsourcing", when the state attracts external performers to carry out socially significant activities, and performers receive appropriate funding and material support. In this context, the author proposes to create a register of the most reliable and verified non-profit organizations capable of providing these services and carrying out appropriate measures for social, cultural and economic adaptation most effectively," etc. Thus, the article makes a definite contribution to the development of domestic legal science and deserves the attention of potential readers. The scientific style of the research is fully sustained by the author. The structure of the work is quite logical. In the introductory part of the article, the scientist substantiates the relevance of his chosen research topic, defines the subject and object of research, and sets its goal. In the main part of the work, the author proposes a definition of the concept of "state management of forced migration" and carries out a critical analysis of administrative and legal norms governing public relations in the field of forced migration under normal conditions and in conditions of emergency mass arrival of forced migrants, simultaneously identifying problems of such regulation and suggesting ways to solve them. The final part of the article contains conclusions based on the results of the study. The content of the article fully corresponds to its title and does not cause any particular complaints. The bibliography of the study is presented by 10 sources (monographs and scientific articles), not counting normative, analytical and statistical material. From a formal and factual point of view, this is quite enough. The nature and number of sources used in writing the article allowed the author to reveal the research topic with the necessary depth and completeness. There is an appeal to opponents, both general and private (L. P. Ryazanova, etc.), and it is quite sufficient. The scientific discussion is conducted by the author correctly; the provisions of the work are justified to the necessary extent.
Conclusions based on the results of the study are available ("1) It is advisable in the case of an emergency mass arrival of forced migrants to use non-profit organizations that can effectively mobilize and provide necessary services to forced migrants in the field of social, legal, economic adaptation and integration in a short time. This can be considered as a kind of "social outsourcing", when the state attracts external performers to carry out socially significant activities, and performers receive appropriate funding and material support. In this context, the author proposes to create a register of the most reliable and verified non-profit organizations capable of providing these services and carrying out appropriate measures for social, cultural and economic adaptation most effectively. ... The involvement of commercial organizations seems to be a dubious initiative, since their main activity is profit-making, which can negatively affect the quality of service provision and related events. 2) In order to solve the existing problems, the author proposes to develop a detailed procedure for working with forced migrants in conditions of emergency mass arrival of forced migrants. In this case, the coordinating body, according to the author, may be the Ministry of Internal Affairs of Russia. This procedure may include a scheme of interaction, that is, coordination and subordination, of state bodies in the process of managing forced migration, a scheme for creating and managing reserve funds of material resources and a personnel reserve. 3) Quotas for forced migrants and their distribution are the most important tool for managing migration flows. ... In this regard, the author proposes to develop a mechanism for economic stimulation of forced migrants based on a system of subsidies and subsidies to both regions and forced migrants, which will be part of a unified system of distribution of forced migrants in Russia depending on the socio-economic needs of the respective regions", etc.), have the properties of scientific novelty, reliability and validity and, of course, they deserve the attention of the scientific community. The article needs additional proofreading - there are typos in it. Thus, the author writes: "We note that at present there is a tendency towards situational management in the field of forced migration, which in the short and medium term requires high—quality administrative and legal reforms" - "short-term". The scientist points out: "The state management of forced migration in Russia is an orderly system of administrative and legal relations arising between the state and its state bodies on the one hand, and foreign citizens and stateless persons on the other hand, regarding the implementation of registration actions, stay, social, legal and economic adaptation and integration of forced migrants in the territory Russia". A comma after the word "integration" is not needed. The author notes: "Such features include multi-systemism insofar as public administration in the field of forced migration is characterized by the presence of a wide range of legal, political, economic, social and humanitarian issues ..." The comma after the word "economic" is omitted. The list of typos given in the review is not exhaustive. The interest of the readership in the article submitted for review can be shown primarily by specialists in the field of constitutional law, administrative law, provided that it is finalized: disclosure of the research methodology, additional justification of the relevance of its topic (within the framework of the comment made), elimination of typos in the work.
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