Migraton law in the system of administrative law of the Russian Federation: place and value

Текст статьи на русском языке

https://doi.org/10.31429/20785836-12-4-81-90

Sherebzov A.N.
Doctor of Law, Professor
Professor of Law administrative affairs of the internal affairs bodies department
Krasnodar University of the Russian Interior Ministry
https://orcid.org/0000-0002-7392-279X

Maleschev E.A.
Candidate of Law
Associate professor of the Department of State Legal Disciplines
Northwest branch
Russian State University of Justice North Caucasian branch

Annotation: This article explores the problem of the formation and further formation of migration law as an integral part of the administrative law of the Russian Federation in the face of political and socio-economic changes of the Russian state. The author’s justification for the place of migration law in the system of modern Russian law is proposed. The subject of legal regulation of migration law, method, type, method and acceptance of administrative and legal regulation of migration-legal relations are defined. A significant point of work is the highlighting of the peculiarities of migration-legal relations, which are part of the subject of migration law, as an actively developing regulatory complex. No less significant argument in favor of the administrative and legal nature of migration law, according to the authors, is the regime way of structuring this sub-sector of administrative law, the peculiarities of migration-legal relations, the method of their legal regulation. It is migration-legal regimes that underlie the internal organization of migration law, administrative and legal regulation of migration flows: internal (social-economic), external, external labor, forced and illegal migration. The system of principles of migration law, which are inextricably linked with the principles of the state migration policy of the Russian Federation, is highlighted, while acting as a source of migration law. Specific directions of the organizing influence of administrative and public bodies on the managed subjects of migration relations, the content of which is determined by the object and objectives of legal regulation are understood as functions of migration law, the classification of the system of general social and legal functions of this sub-sector of administrative law is given. The characteristics of the migration law system are determined through a set of interconnected and mutually agreed elements (institutions and substitutes) that form its internal organization (the structure of migration law). It is substantiated that the system of migration law consists of the institutions of the General and Special Part, which are formed on the basis of enshrining in the norms of general provisions affecting all types of migration processes (migration of the population within a certain type of migration flow), subject to regulatory regulation and the peculiarities of regulating certain types of migration flows: internal, external, external labor, forced and illegal migration. The sources of migration law are a set of various legal acts, which are the sources of this sub-sector of administrative law of the Russian Federation, which include international and national legal acts. At present, there is a need to organize Russian migration legislation. The systematicization of modern migration legislation raises the question of the place of migration law in the system of modern Russian law before the science of administrative law of the Russian Federation. This should contribute to the codification of the entire regulatory framework that ensures the regulation of migration legal relations and the adoption of the Migration Code of the Russian Federation in our country. The conclusion of the study provides the author’s definition of migration law as a sub-sector of the administrative law of the Russian Federation, regulating the system of migration relations of emerging, changing, implemented and terminated in the sphere of organization and implementation of administrative and public activities authorized by the subjects.

Keywords: the law system, structure of law, administrative law, system and structure of administrative law, sub-industry of law, law institute, sub-institution of law, migration of the population, migration subjects, migration relations, regulatory system, codification of migration law, migration flow, migration regimes, administrative and legal regime, migration relations, migration law, migration law, migration law, migration law, migration law, migration law, migration law, migration law, migration law, migration law, migration law.