Peculiarities of legal regulation of socio-economic rights of foreign citizens and stateless persons

Shilovskaya Ol'ga Petrovna ORCID: 0000-0002-2816-0618 Postgraduate student of the Department of constitutional and international law at the St. Petersburg University of the Ministry of Internal Affairs of Russia 198206, Russia, Saint Petersburg, Pilyutov Pilot str., 1 olga.shilovskaiy@mail.ru

The issues of regulation by Russian legislation of the constitutional and legal status of foreign citizens based on the principle of the national regime of residence in Russia are covered in the scientific works of S. A. Avakian, G. N. Komkova, B. S. Ebzeev, N. I. Marysheva, I. O. Khlestova, E. E. Novichkova, I. A. Berezhnaya, S. A. Chernyakova, G. F. Khametdinova, E. V. Eremenko, Yu.V. Nechipas, N. V. Brovko and other scientists. Certain aspects of the realization of the rights and freedoms of foreign citizens in the socio-economic sphere are studied in the scientific works of S. Yu. Andreyzo, P.A. Astafichev, A. N. Sandugey, A. A. Smirnov, N. B. Shitova, V.N. Bobkov, I.A. Shichkin, A.A. Kirillov, K. A. Dubovets and others. The works of these scientists are aimed at researching individual rights and freedoms in the socio-economic sphere (rights in education, labor, the right to protection, and some others) and do not exhaust the entire volume of problematic issues in the field under study. Taking into account the Constitutional Reform of 2020 and modern changes in migration legislation, a comprehensive study of the socio-economic rights and freedoms of foreign citizens and the identification of common features of modern legal regulation is of interest.

The complexity of the research involves the use of appropriate methods of scientific knowledge. The author applies an interdisciplinary approach based on the consideration of issues of regulation of the rights of foreign citizens and stateless persons by the legislation of various branches of law: their legal status belongs to the sphere of regulation of constitutional law, certain aspects of the realization of socio-economic rights are included in the framework of regulation of labor, land and other branches of law. The basis of this research is general scientific and special legal methods. The universal dialectical method made it possible to consider the specifics of the regulation and development of socio-economic rights and freedoms in conjunction with general constitutional principles and norms of international law. With the help of analysis and synthesis, approaches to legal regulation are formulated and highlighted. Statistical and sociological methods made it possible to confirm the validity of the conclusions and focus on certain problematic aspects of the proposed topic. The author applied special legal methods: formal legal, which allowed for the analysis and interpretation of the norms of the Constitution of the Russian Federation and the current sectoral legislation in the field under study, and comparative legal, which highlighted the common features and peculiarities of legal regulation of the rights of certain categories of foreign citizens. The empirical method of cognition is associated with the study and analysis of the law enforcement practice of the Constitutional Court of the Russian Federation.

The constitutional legal personality of foreign citizens and stateless persons is built in Russia on the basis of the main parameter of the relationship between the state and the individual, enshrined in Article 2 of the Constitution of the Russian Federation, according to which a person, his rights and freedoms are the highest value, their recognition, observance and protection is the duty of the state ^{[1, p. 19]}, as well as general principles equality, prohibition of illegal restriction of rights and freedoms, their inalienable rights, direct action and guarantee.

The basis of the normative legal regulation of the situation of the subjects of constitutional law under consideration in Russia is the national regime ^{[2, p. 119]}, the essence of which is revealed in part 3 of Article 62 of the Basic Law and assumes the equalization of the rights and obligations of stateless persons, foreign citizens and citizens of Russia, except in cases established by national or international law.

Ensuring equality is one of the main tasks of any democratic state governed by the rule of law and is one of the most important values of society transmitted through culture, national traditions, and self-awareness ^{[3, p. 27]}. The constitutional principle of equality is to regulate human relations by norms of the most general nature, avoiding exceptions for certain social groups. At the same time, legal systems establish benefits, privileges or restrictions for some subjects of law. Differences between individuals of a natural nature (for example, citizenship) may be the basis for reducing or increasing the amount of rights and obligations provided by the state ^{[4, p. 35]}.

G. N. Komkova formulated a scientific point of view on the obligation of full observance of the principle of equality within various categories of individuals (foreigners, children, women) ^{[4, p. 35]}. Such a conclusion, of course, is an important guideline in the study of issues of ensuring the national regime of residence in Russia for foreign citizens and reflects the idea of equality in its ideal doctrinal understanding. At the same time, when implementing legal regulation of rights in the socio-economic sphere, the legislator does not always apply a universal approach to determining the scope and content of specific rights, establishing not only restrictions common to all foreign citizens, but also preferences for persons belonging to certain categories. Accordingly, modern legislation allows for the possibility of granting preferential conditions for the exercise of rights in the field under study, depending on the personalized status of a foreign citizen. The examples given in this paper serve as a justification for this conclusion.

Recognizing the universality of human rights, Russia regulates the constitutional legal personality of persons who do not have the status of a citizen of the Russian Federation, in the key of maintaining a balance between ensuring state, public interests and the interests of an individual. The current approach in Russia to the regulatory regulation of the regime of residence (stay) on its territory of persons who are not Russian citizens is characterized by the presence of a two–pronged goal aimed, on the one hand, at providing them with conditions and guarantees for the realization of socio-economic rights and freedoms based on the principle of equality with Russian citizens, on the other – to ensure migration and the socio-economic policy of the state, which allows to limit or expand the scope of granting certain rights, depending on modern trends in the socio-economic development of the state. Such circumstances actualize the issues of realization of the studied group of rights by persons who are not citizens of Russia.

The legal regulation of the socio-economic rights of foreign citizens and stateless persons is carried out on the basis of the principle of the national regime of residence in Russia enshrined in part 3 of Article 62 of the Constitution of the Russian Federation, as well as on the principles of the welfare state fixed in Article 7 of the Basic Law: creating conditions for a decent human life and his free development; labor and health protection; guarantee of the minimum wage and social protection; state support for the family, motherhood, fatherhood, childhood, the disabled and the elderly. At the same time, the realization of socio-economic rights by persons who do not have the status of a citizen of the Russian Federation has its own characteristics, and regulatory legal acts in the field under study contain restrictions and benefits for certain categories of persons.

Limitations of rights and freedoms in the doctrine of law are considered as exceptions to the constitutional status of a person and citizen allowed by the Constitution of the Russian Federation and established by law ^{[5, p. 231]}. Scientists E. E. Novichkova and G. F. Khametdinova justify the expediency of establishing certain restrictions on foreign citizens and stateless persons by the need to ensure the protection of the rights and interests of citizens of the state ^{[6, p. 68]}. In our opinion, the list of circumstances of legislative restriction of the rights and freedoms of persons who are not citizens of Russia is broader. In addition to the general constitutional norm (part 3 of Article 55 of the Constitution of the Russian Federation), which allows them to restrict for constitutional purposes (protection of the foundations of the constitutional system, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state) almost any human right regardless of nationality, a special norm of the Basic Law (part 3 of Article 62), which presupposes the possibility of establishing restrictions on rights by law in other cases, the list of which is not fixed in the Constitution of the Russian Federation.

The analysis of normative legal acts in the field of public relations under study allows us to conclude that the legislator, when determining the scope and content of specific socio-economic rights and freedoms, combines a universal approach when restrictions apply to all foreign citizens without exception, and a special one when a preferential procedure for granting and exercising rights is established depending on the affiliation of the person to a certain category (for example, the status of a temporary resident in Russia, temporarily or permanently residing on its territory, having a special personalized status (refugee, compatriot, stateless person, highly qualified specialist) and other categories).

The universal approach assumes that the law contains general restrictions on the rights of all foreign citizens and stateless persons. Thus, it is contained in the exercise of their ownership rights (prohibition on ownership of agricultural land (Article 3 of Federal Law No. 101-FZ dated 07/24/2002 "On Turnover of Agricultural Land"), as well as land plots located within the boundaries of the seaport (Article 28 of Federal Law No. 261-FZ dated 11/08/2007 "On Seaports in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation"), in border territories (Decree of the President of the Russian Federation dated 09.01.2011 No. 26 "On Approval of the list of border territories in which foreign citizens, stateless persons and foreign legal entities cannot own land plots").

V.F. Akimenko formed the point of view that the above restriction should not apply to citizens of the Republic of Belarus, since the international agreement between the Russian Federation and the Republic of Belarus "On Equal Rights of Citizens", concluded on 12/25/1998, guarantees equal property rights of citizens of the contracting parties ^{[7, p. 64]}. We believe that this kind of restriction on the property rights of foreign citizens is justified and explained by the need to ensure the protection of Russia's national interests: the state and territorial integrity of the country, its sovereignty, which corresponds to the legal position of the Constitutional Court of the Russian Federation, according to which, when regulating issues of granting foreign citizens and stateless persons the right to acquire ownership, own, use and dispose of land plots, the federal legislator, by virtue of part 3 of Article 55 The Constitution of the Russian Federation is obliged to ensure the protection of constitutionally significant values, the economic sovereignty of Russia, the integrity and inviolability of its territory, as well as to maintain a balance of constitutional rights (Resolution of the Constitutional Court of the Russian Federation dated 04/23/2004 No. 8-P).

Another example of the application of a universal legislative approach is the existence of general restrictions on the rights and freedoms of foreign citizens in the field of labor. In regulating this area of public relations, modern legislation applies the principle of establishing the special legal personality of foreign citizens ^{[8, p. 88]}. As a general rule, they are endowed with freedom in choosing their type of activity and profession. At the same time, the law introduced a number of prohibitions for the replacement of the following categories of positions: defined by the Code of Merchant Shipping of the Russian Federation dated 30.04.1999 No. 81-FZ (ship's captain, senior assistant to the ship's captain, senior mechanic and radio specialist); at facilities and organizations related to state security (Decree of the Government of the Russian Federation dated 11.10.2002 No. 755 "On approval of the list of facilities and organizations in which foreign citizens do not have the right to be employed"); the Civil Service of the Russian Federation (Federal Law No. 58-FZ of 05/27/2003 "On the Civil Service System of the Russian Federation"). Amendments to the Constitution of the Russian Federation in 2020 (the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation dated 03/14/2020 No. 1-FKZ "On Improving the Regulation of Certain Issues of the organization and functioning of public authority") established the requirement that the following officials lack citizenship of a foreign state: the highest official of the subject, the head of the federal state body, the President of the Russian Federation, Senator, deputy of the State Duma, Commissioner for Human Rights, Chairman of the Government and his deputy, federal minister, other head of the federal executive authority, judge, prosecutor. 

Restrictions on foreign citizens' access to public service should be recognized as justified, since this activity consists in making important decisions for the state or influencing them ^{[9, p. 77]}. This is due to the need to ensure the sovereignty of the State and other important public and state interests identified in part 3 of Article 55 of the Basic Law. The considered restrictions also correspond to international legal provisions on the guarantee by the state of the establishment of restrictions on rights only by law and solely for the purpose of ensuring general well-being in a democratic society (International Covenant on Economic, Social and Cultural Rights (Adopted on 12/16/1966 by Resolution 2200 (XXI) at the 1496th plenary session of the UN General Assembly) // Vedomosti of the Supreme Soviet of the USSR. 1976. No. 17. St. 291).

A special approach to determining the scope and content of the socio-economic rights of foreign citizens and stateless persons is clearly seen in the issues of the realization of the right to work, education and, in our opinion, acts as one of the ways to implement the task of the concept of migration policy to ensure the arrival and stay on its territory of foreign citizens who are willing and able due to their work activities and knowledge to promote the economic, social and cultural development of Russia (Decree of the President of the Russian Federation dated 10/31/2018 No. 622 "On the Concept of the State Migration Policy of the Russian Federation for 2019-2025" (hereinafter - Decree No. 622 dated 10/31/2018). This conclusion is justified by statistical data on the increase in the number of people arriving in Russia for the purpose of employment (in 2020 - 2,358,827, in 2021 - 9,530,934 people, in 2022 - 11,806,832) and education (in 2020 - 265,056 people, in 2021 - 633 466, in 2022 - 866 342) (Statistical information on the migration situation [Electronic resource] // Official website of the Ministry of Internal Affairs of Russia / URL: https://xn--b1aew.xn--p1ai/dejatelnost/statistics/migracionnaya/3 / (date of access: 12/19/2023)).

When regulating the right to work, which is a fundamental aspect of a favorable socio-economic situation of an individual, along with restrictions, the law establishes preferences and preferential conditions for certain categories of foreign citizens. In this direction, the state's policy should ensure the provision of support to persons wishing to successfully integrate into Russian society, and the introduction of restrictive measures exclusively for socially useful purposes ^{[10, p. 74]}.

Federal legislation defines a wide range of persons who do not need to obtain permits for the right to work (work permit, patent) (Article 13 of Federal Law No. 115-FZ dated 07/25/2002 "On the Legal Status of Foreign Citizens in the Russian Federation"). Among them: participants in the State Program for the Resettlement of Compatriots Living Abroad and their family members to Russia; those invited to the Russian Federation to engage in research, teaching, and medical activities; persons who have been granted temporary asylum or refugee status; stateless persons who have received a temporary identity card; information technology specialists, and some other categories.

The permissive procedure for entering into an employment relationship does not apply to citizens of the Republic of Belarus, Kazakhstan, the Kyrgyz Republic and Armenia. Employers have the right to involve citizens of the member states of the Eurasian Economic Union in the implementation of labor activities without taking into account restrictions on the protection of the national labor market (Article 97 of the Treaty on the Eurasian Economic Union (Signed in Astana on 05/29/2014)).

Another example of special legislative regulation of legal relations in the field under study is the right to enter municipal service for citizens of foreign states parties to relevant international treaties of the Russian Federation (Federal Law No. 25-FZ dated 03/02/2007 "On Municipal Service in the Russian Federation"): Turkmenistan (Agreement between the Russian Federation and Turkmenistan on the legal status of permanent residents (signed in Moscow on 05/18/1995)), Kyrgyzstan (Agreement between the Russian Federation and the Kyrgyz Republic on the Legal Status of permanent residents (signed in Bishkek on 10/13/1995)), the Republic of Belarus (Agreement dated 12/08/1999 "On the Establishment of the Union State").

Analyzing the aspects of the realization of the right to work by foreign citizens, it must be said that against the background of its detailed regulation by Russian legislation, the problem of protecting rights in the field of labor relations remains urgent. It is often due to the insufficient level of legal literacy of foreign citizens in the field of labor, as well as the dishonesty of employers. Foreign citizens are faced with facts of improper registration of labor relations, failure to ensure safe working conditions, illegal fines and dismissals, systemic delays and non-payment of wages, unofficial salaries (Report of the Commissioner for Human Rights in St. Petersburg for 2022 [Electronic resource] // URL: https://upchspb.ru / (date of access: 05/13/2023)).

Such circumstances require consideration of the issue of the implementation by State executive authorities in cooperation with representatives of diasporas on an ongoing basis of measures aimed at improving the legal literacy of foreign citizens in the field of the implementation and protection of labor rights, as well as providing them with legal support in case of violation.

The availability of preferential conditions for the realization of other socio-economic rights of foreign citizens (for social security, education, medical care) is also often due to a person's belonging to a category. Consider the following examples.

According to the international agreement, citizens of the Republic of Belarus are equal with citizens of Russia in the rights: to vocational training, employment, provision of social and legal guarantees (Agreement of December 25, 1998 "On equal rights of citizens").

The right to social security is granted equally with Russian citizens to foreign citizens and stateless persons permanently residing in Russia, as well as refugees (Federal Law No. 442-FZ of December 28, 2013 "On the Basics of Social Services for Citizens in the Russian Federation"). According to the legal position of the Constitutional Court of the Russian Federation, the right in question should be guaranteed to everyone, regardless of citizenship, and, therefore, provided on equal terms to foreign citizens, stateless persons and Russian citizens (Ruling of the Constitutional Court of the Russian Federation dated 03/22/2011 No. 432-O-O).

Legislation in the field of education places in a more privileged position the category of foreign citizens with the status of compatriots, guaranteeing them the right to receive secondary vocational, higher and additional vocational education on an equal basis with Russian citizens. Other foreign citizens can implement it at the expense of budgetary allocations in accordance with international treaties, federal laws or a quota established by the Government of the Russian Federation, as well as on the basis of agreements on the provision of paid educational services. The Law grants all foreign citizens and stateless persons the equal right to receive, on a publicly accessible and free basis, only pre-school, primary general, basic general and secondary general education. (Federal Law No. 273-FZ dated 12/29/2012 "On Education in the Russian Federation" // Federal Law of the Russian Federation. 2012. No. 53 (Part I). Article 7598).

A sociological study in 2021 showed the existence of problems in the implementation of the right of foreign citizens to preschool education: only 13% of children of foreign citizens staying with their families on the territory of the Russian Federation attend preschool institutions, 32% of them on a free basis (Report on the activities of the Commissioner for Human Rights in the Russian Federation for 2021 [Electronic resource] // URL: https://ombudsmanrf.org / (date of access: 05/15/2023)). In our opinion, taking into account the fact that family migration is a feature of modern migration processes, and the education of foreign citizens is an important element of the system of their adaptation and integration into Russian society, it is necessary to pay special attention to the development of a mechanism to ensure the availability of educational services for persons who do not have Russian citizenship and are minors.

The presence in the modern concept of the state migration policy of a direction to increase the accessibility of educational services for foreign citizens is associated in science with the progress of the socio-economic sphere ^[11]. Educational migration, being a part of migration policy, contributes to the development of interstate relations in the scientific and educational sphere and, accordingly, increases the role of the state in this international scientific and educational space, contributes to the influx of labor resources into the country and ultimately to the socio-economic development of Russia ^[12].

Federal legislation in the field of healthcare guarantees everyone the right to health protection and medical care and at the same time determines that the right of foreign citizens living and staying in Russia to medical care is established by legislation and relevant international treaties. Only stateless persons permanently residing in the Russian Federation have the same right to medical care as Russian citizens (Federal Law No. 323-FZ dated 11/21/2011 "On the Basics of Protecting the Health of Citizens in the Russian Federation"). Medical assistance in an emergency form in the presence of a threat to the patient's life is provided to foreign citizens by medical organizations free of charge (Decree of the Government of the Russian Federation dated 06.03.2013 No. 186).

The problem of receiving medical care by foreign citizens does not lose its relevance, since its scope and type depend on the legal status. A survey of 1,052 foreign citizens in Russia conducted in 2021 showed that in two thirds of cases (67.4%) they did not receive free medical care in emergency cases, and in one third of cases (32.6%) they were not provided with medical services under a voluntary health insurance policy (Report on the activities of the Commissioner for Human Rights human rights in the Russian Federation for 2021 [Electronic resource] // URL: https://ombudsmanrf.org / (date of access: 05/15/2023)).

The issues of realization of socio-economic rights remain especially relevant for such categories of foreign citizens as forced migrants: persons who have been granted temporary asylum, refugees ^{[13, p. 46]}. This group should also include persons who, due to armed conflicts, migrate from countries of nationality and do not yet have any status in the country of their new place of residence ^{[14, p. 12]}.

The need to assist such persons in the realization of their rights is indicated by statistical data on a significant increase in 2022 in the number of appeals received by the Commissioner for Human Rights in the Russian Federation on the protection of the rights of persons who were forced to leave the country of nationality (1024 appeals were received in 2021, 1833 in 2022). Over the period from February to December 2022, over 5 million residents of Ukraine arrived on the territory of Russia (Report on the activities of the Commissioner for Human Rights in the Russian Federation for 2022 [Electronic resource] // URL: https://ombudsmanrf.org / (date of application 05.09.2023)), which requires solving problems of their social adaptation, including housing issues and employment issues. In order to stabilize the social situation of persons who arrived in Russia on an emergency basis, the law provides guarantees of their rights: accommodation in a temporary accommodation center, receiving a one-time cash allowance, food, medical care, assistance in vocational training and employment (Federal Law No. 4528-1 "On Refugees" dated 02/19/1993 // Vedomosti SND and the Armed Forces of the Russian Federation. 1993 No. 12, article 425). At the same time, a number of measures are being taken against such persons: certain categories are allowed to find employment in Russia without obtaining appropriate permits (Decree of the President of the Russian Federation No. 585 of August 27, 2022), a vocational training program is provided within the framework of the federal project "Employment Promotion" (Decree of the Government of the Russian Federation No. 369 of 03/13/2021); subsidies are provided to legal entities in order to stimulate the employment of such categories of citizens (Decree of the Government of the Russian Federation dated 03/13/2021 No. 362).

The organization of work with forced migrants expresses the legal meaning of socio-economic rights and freedoms in a modern interpretation, which, according to P. A. Astafichev, consists in the duty of the state to take care in a socio-economic sense, mainly of those who are unable to take care of themselves. The state's policy in this area is designed to create institutional guarantees for this, and the citizen must independently invest his socio-economic resources ^{[15, p. 23]}. In our opinion, A. N. Kononenko's conclusion seems justified that socio-economic rights are a set of legal possibilities that allow ensuring a decent standard of living, free development, and managing the main means of economic activity ^{[16, p. 5-6]}.

A novelty of Russian legislation that had a significant impact on the expansion of socio-economic opportunities (for example, the realization of the right to fill public service positions) for the studied category of persons was the norm that persons who simultaneously have citizenship of Ukraine and Russia are entitled to apply to the federal executive authority in the field of internal affairs of Russia with a statement of unwillingness to be a member in the citizenship of Ukraine, from the date of submission of which they are considered to be stateless of Ukraine (Federal Law No. 62-FZ dated 03/18/2023 "On the peculiarities of the legal status of citizens of the Russian Federation who have Ukrainian citizenship").

In our opinion, due to the dynamic changes in migration legislation, it is necessary to pay attention to the development of a system of legal information for foreign citizens about the conditions and grounds for the legality of staying in the country, obtaining refugee status, temporary asylum, temporary or permanent residence, acquiring Russian citizenship, guarantees and opportunities for the exercise of rights and freedoms, as well as their protection in case of violation.

The system of legal information for foreign citizens should be based on the principle of interaction between public authorities and civil society institutions, as well as with national diasporas of foreign citizens. 

Legal informing of foreign citizens and stateless persons will contribute not only to the prevention of violations of their rights, but also to the prevention of their committing offenses related to the regime of residence on the territory of Russia, as well as to reducing the number of appeals to public authorities on the implementation of rights and freedoms, compliance with migration legislation.

One of the categories of foreign citizens to whom the state provides assistance in the realization of socio-economic rights are compatriots, among whom the legislator includes persons born in the same state, living or living in it and possessing signs of common language, history, cultural heritage, traditions and customs, as well as descendants of these persons in a direct descending order lines (Federal Law No. 99-FZ of 05/24/1999 "On the State Policy of the Russian Federation in relation to Compatriots Abroad"). The legislation provides for state guarantees and measures of social support for compatriots and their family members resettling in Russia: compensation for relocation expenses, receiving lifting allowances, monthly allowances in the absence of income, housing subsidies after acquiring citizenship of the Russian Federation (Decree of the President of the Russian Federation dated 06/22/2006 No. 637 "On measures to facilitate the voluntary resettlement of Compatriots living in the Russian Federation abroad").

Assistance to compatriots living abroad in their voluntary resettlement to the Russian Federation, as well as providing them with support measures, is one of the priorities of the state's policy, ensuring high-quality migration growth ^{[17, p. 131]}.

The state program for the resettlement of compatriots to Russia contributes to the socio-economic development of the regions and remains in demand for a long period of time. As of January 1, 2023, 80 subjects of the Russian Federation took part in it. In 2020, 38200 applications for participation in the specified state program were accepted (90,800 people with family members), in 2021 – 44,000 applications (113,100 with family members), in 2022 - 40,300 applications (112700 with family members) (Monitoring of the state program [Electronic resource] // Official website of the Ministry of Internal Affairs of Russia. URL: https://xn--b1aew.xn--p1ai/mvd/structure1/Glavnie_upravlenija/guvm/compatriots/monitoring (Date of access: 12/19/2023)).

The stable pace of implementation of the State Program indicates the sustainability of the direction of migration policy to improve the mechanisms of legal regulation of voluntary resettlement to Russia for permanent residence of compatriots, as well as those who are able to integrate into Russian society of foreign citizens (Decree No. 622 of 10/31/2018).

In the listed examples of the establishment by law of preferential conditions for the granting and realization of certain socio-economic rights, characteristic features of a special (preferential) regime of residence in Russia for foreign citizens are seen, which presupposes the regulation by national legislation or an international treaty of special conditions for securing certain rights, freedoms, duties for foreign citizens ^{[18, p. 132]}, the provision of advantages to some extentor the field of activity in relation to foreign citizens of individual states ^{[19, p. 86]}.

Thus, the scope of socio-economic rights and freedoms assigned to persons who do not have the status of a citizen, as well as ensuring guarantees for their implementation, directly depends on the type of political and legal connection with the host State, that is, on the legal regime provided to the person. The analysis of normative legal acts regulating the studied area of public relations and scientific literature allows us to conclude that in the Russian Federation the principle of national regime is combined with a special legal regime when certain categories are distinguished among foreign citizens who are provided with special conditions for the realization of specific rights. On the one hand, the national regime combines the idea of universality and equality of human rights, which presupposes the possession by a foreign citizen and a stateless person on the territory of Russia of a set of socio–economic rights and freedoms based on the principle of equality with Russian citizens, on the other hand, it provides flexibility of migration and socio-economic policy in relation to non–citizens In Russia, allowing certain rights to be legally excluded from their legal personality or to provide special conditions for their implementation, depending on modern trends in the socio-economic development of the state.

The Russian Federation, being a social state, regulates in detail the issues of the realization of socio-economic rights by foreign citizens and stateless persons, providing them with all opportunities to meet basic needs in education, health care, employment, and social guarantees.  The restriction of rights in this area corresponds to the constitutionally established goals, and the introduction of preferential conditions for certain categories of foreign citizens and stateless persons corresponds to the policy of the state.

The study allows us to identify two approaches to the legislative regulation of the studied group of rights of persons who do not have the status of a citizen of Russia: universal, extending restrictions to all foreign citizens and stateless persons, and special, characterized by the establishment of a preferential procedure for granting and exercising a specific right for persons belonging to certain categories (depending on nationality or status: refugee, temporary resident, temporary or permanent resident, stateless person, and others).

The factors influencing the scope and conditions of realization of rights in the socio-economic sphere include: the legal regime of residence in Russia, restriction of rights due to the need for the state to protect constitutionally significant values, ensuring the implementation of the country's policy in the field under study, belonging to a certain category (depending on citizenship or the presence of a personalized legal status).

The analysis allows us to draw a number of practical conclusions: about the prospects for the development of a system of legal information for foreign citizens as one of the means of improving their legal literacy, which is an important component of the realization and protection of rights; about the need for increased attention to ensuring the availability of educational services for minors of foreign citizens in order to facilitate their adaptation and integration into Russian society.