WWW.DISSERS.RU


...
    !

Pages:     | 1 |   ...   | 86 | 87 || 89 | 90 |   ...   | 134 |

Predpolozhitelnaya chislennost naseleniya Rossiyskoi Federatsii do 2025 g. (The estimated size of the population of the Russian Federation up to year 2025). M.: Rosstat, RUSSIAN ECONOMY IN trends and outlooks The long term migration policy of Russia has to proceed from these economic realities as compared with political demands of the society. It is presumed that this policy should not exclude, but necessarily complement the complex of measures aimed at an increase in the birth rate.

4.3.1. Regulating migration: the legislative framework in In 2006, the Russian legislation concerning the sphere of migration was sup plemented with several new documents. Two federal laws concerning the proce dures governing registration and stay of foreign citizens in Russia came into force on January 15, 2007. Besides, since November 9, 2006, there has already been enforced the new procedure governing the imposition of penalties and administra tive restrictions, which was introduced in the framework of the RF Code of Adminis trative Offences (with the exclusion of certain provisions, which entered into force simultaneously with federal laws of January 15, 2007).

In 2006, there were adopted the following legislative acts in the sphere of mi gration:

- Decree of the RF President No. 637 of June 22, 2006, On the measures aimed at the provision of assistance to voluntary migration of fellow countrymen resid ing abroad to the RF (published on June 28, 2006);

- The Governmental Program aimed at the provision of assistance to voluntary migration of fellow countrymen residing abroad to the RF; Plan of measures aimed at the implementation of the Governmental Program aimed at the provi sion of assistance to voluntary migration of fellow countrymen residing abroad to the RF (approved by Decree of the RF President No. 637 of June 22, 2006);

- Federal law of the RF No. 109 FZ of July 18, 2006, On the registration of foreign nationals and stateless persons migrating to the RF (adopted by the State Duma on July 30, 2006, approved by the Federation Council on July 7, 2006, pub lished on July 20, 2006, enters into force since January 15, 2007);

- Federal law of the RF No. 110 FZ of July 18, 2006, On the introduction of amendments and additions to the federal law On the legal status of foreign na tionals in the RF and on the annulment of certain provisions of the federal law On the introduction of amendments and additions to certain legislative acts of the RF (adopted by the State Duma on July 30, 2006, approved by the Federa tion Council on July 7, 2006, published on July 20, 2006, enters into force since January 15, 2007);

- Federal law of the RF No. 189 FZ of November 5, 2006, On the introduction of amendments to the RF Code of Administrative Offences (as concerns increase in responsibility for infringements on the procedure governing employment of foreign nationals and stateless persons in the RF) (adopted by the State Duma on October 20, 2006, approved by the Federation Council on October 27, 2006, published on November 9, 2006);

In order to enforce these laws, in 2006 the RF Government adopted a number of regulatory and legal acts:

Section Social Sphere - Resolution No. 271 of May 5, 2006, On the introduction of amendments to the Regulations on the use of migration cards as approved by Resolution of the RF Government No. 413 of August 16, 2004;

- Amendments introduced to the Regulations on the use of migration cards as approved by Resolution of the RF Government No. 413 of August 16, 2004 (approved by Resolution of the RF Government No. 271 of May 5, 2006);

- Resolution No. 622 of October 20, 2006, On the approval of the rules concern ing the provision of state support from the federal budget to the subjects of the Russian Federation included in the Governmental Program aimed at the provi sion of assistance to voluntary migration of fellow countrymen residing abroad to the RF;

- The rules concerning the provision of state support from the federal budget to the subjects of the Russian Federation included in the Governmental Program aimed at the provision of assistance to voluntary migration of fellow countrymen residing abroad to the RF (approved by Resolution of the RF Government No.

622 of October 20, 2006);

- Resolution No. 665 of November 11, 2006, On the approval of the quota con cerning the issuance of invitations for foreign nationals to enter the Russian Federation for performance of labor activities for year 2007;

- Resolution No. 681 of November 15, 2006, On the procedures governing the issuance of authorization documents as concerns performance of temporary labor activities by foreign nationals in the Russian Federation;

- Rules governing the issuance of authorization documents as concerns per formance of temporary labor activities by foreign nationals in the Russian Fed eration (approved by Resolution of the RF Government No. 681 of November 15, 2006);

- Resolution No. 682 of November 15, 2006, On the approval of the quota con cerning the issuance of work permits for foreign nationals arriving to the Rus sian Federation under procedures not requiring visas;

- Resolution No. 683 of November 15, 2006, On the approval of the acceptable share of foreign employees used by economic agents operating in the sphere of retail trade in the territory of the Russian Federation;

- Resolution No. 783 of December 22, 2006, On the procedures governing de termination of requirements concerning the attraction of foreign employees and formation of quotas for performance of labor activities by foreign nationals in the Russian Federation by executive agencies (enters into force since January 15, 2007);

- The Rules governing determination of requirements concerning the attraction of foreign employees and formation of quotas for performance of labor activities by foreign nationals in the Russian Federation by executive agencies;

- Resolution No. 797 of December 23, 2006, On the approval of the Regulations concerning the licensing of activities related to employment of citizens of the Russian Federation outside the Russian Federation;

RUSSIAN ECONOMY IN trends and outlooks - Regulations concerning the licensing of activities related to employment of citi zens of the Russian Federation outside the Russian Federation;

- Resolution No. 798 of December 23, 2006, On the approval of the procedures governing the submission of notification on the attraction and use of foreign na tionals arriving to the Russian Federation under procedures not requiring visas (published on December 31, 2006, enters into force since January 15, 2007).

As it follows from the list indicated above, three of four legislative acts and the majority of supplementary regulatory documents concern legalization of activities performed by labor migrants and the struggle against illegal migration. The innova tions introduced by these documents can be summed up as follows:

- the institute of registration of foreign nationals has been abolished; there has been introduced registration of migrants based on the notification procedure, therefore, nobody has the right to refuse to register a foreign national;

- foreign nationals may be registered both at their places of residence and em ployment;

- employers has been granted the option to submit applications for Permits for attraction of foreign employees not only in person, but also by mail (registration of migrants is also possible in person or by mail notification); on the basis of the issued permits employers should make labor contracts with the attracted for eign nationals and forward the respective data to regional employment agen cies and tax inspections. It should be noted that each foreign employee should have a work permit. Absence of such permits should be the basis for suspen sion of Permits for attraction and use of foreign labor issued to employers;

- the new legislative initiatives classify foreign employees depending on the fact if the exchange between Russia and the respective countries is regulated under a visa regime or is visa free (CIS member countries with the exception of Turk menistan and Georgia);

- employers have to obtain and transfer to foreign employees arriving from the countries with visa based exchange work permits prior to the start of their work in Russia; as concerns employees not needing visas, they have the right not to submit applications personally; however, in any case they need migration cards;

- there has been significantly reduced time, within which state authorities should hand employers and migrants the respective authorization documents;

- there have been significantly increased fines (up to Rub. 800 thousand) and toughened measures with respect to employers attracting and using labor of foreign employees staying in Russia without the duly made documents;

- there has been adopted a new version of article 18.10 of the RF Code of Admin istrative Offences in accordance with which illegal performance of labor activi ties by a foreign national or a stateless person should result in a fine ranging from 20 to 50 minimal wages and (optional) administrative deportation from Russia;

- there has been introduced a new administrative offence infringement on the regulations pertaining to the entry in the Russian Federation of a foreign na tional or a stateless person or the procedures governing the stay (residence) of Section Social Sphere such persons in the Russian Federation, including those where the announced aims of entry in Russia is at variance with the activities actually performed in the period of stay (residence) of such persons, infringement on the rules of regis tration of migrants, travel or the procedures governing the choice of the place of stay or residence;

- there have been envisaged penalties concerning Russian citizens providing housing or transportation to foreign nationals or stateless persons staying in the territory of Russia, which infringe on the established procedures and rule of reg istration of migrants;

- there have been introduced restrictions (in some cases even prohibition) with respect to the acceptable share of foreign employees in the sphere of retail trade;

- there has been introduced a quota (6 million persons for year 2007) as con cerns the attraction of foreign employees arriving to Russia under a visa free procedure; the quota pertaining to the issuance of invitations to foreign nation als arriving to Russia in order to perform labor activities makes 308842 in 2007;

- it has been allowed to suspend Permits for attraction and use of foreign labor issued to employers in the cases where employers fail to notify migration agen cies about the places of temporary stay of foreign employees within 3 days, where employers fail to notify tax authorities, under the jurisdiction of which these employers are, about the arrival of foreign nationals to their places of work or residence within 10 working days, and where employers fail to notify migration agencies about infringements on the terms of labor contracts or civil law work contracts on the part of foreign employees within 3 days.

4.3.2. Economic consequences of the legislative process concerning migration Let us attempt to evaluate the economic consequences of the legislative acts indicated above not touching on the social and humanitarian context of these acts.

The newly introduced provisions are primarily aimed at the separation of labor flows from the CIS member countries, from where on the visa free basis the overwhelm ing number of foreign employees arrives to Russia, and those arriving under visa regimes. In order to legalize employees arriving without visas there has been abol ished a number of provisions; however, at the same time there was introduced a package of new stipulations, which include industry specific shares of foreign em ployees and quotas. Simultaneously, the RF Code of Administrative Offences intro duced some significantly more tough penalties with respect to RF citizens using la bor of foreign employees without the respective registration required by law, or renting their housing or vehicles to such employees. Therefore, behind the fa ade of liberalization of the labor migration treatment there is seen the intention to regu late many of its aspects.

Expert estimates of the number of foreign employees working in Russia throughout the year (4.9 million persons4) reveal that the quota set for year 2007 (million employees, or 9 per cent of the average annual number of all employees in Mukomel V. I. Migratsionnaya politika Rossii (Russian migration policy). M., 2005. pp. 196 197.

RUSSIAN ECONOMY IN trends and outlooks the Russian economy) should not seriously limit the number of invited foreign em ployees5. According to the Governments resolutions concerning quotations, re gional quotas should be determined in advance and may be adjusted throughout the year. However, in spite of the documented data, on which the quotas should be formed (December 15, 2006), even in early January of 2007 regional quotas were not made public yet. This lack of information in such a large and spatially diverse country as Russia is a rather disquieting circumstance. This uncertainty may have the most negative results in Moscow and St. Petersburg, as well as in other regions accumulating large flows of foreign labor: delays relating to the approval of quotas accompanied by the general underdevelopment of the service migration infrastruc ture will create serious problems for migrants wishing to obtain a legal status and will form fertile ground for a growth in corruption. It is estimated that for Moscow the quota for attraction of foreign labor will make 600 thousand persons, including 150 thousand migrants with visas and 450 thousand migrants without visas6. It is yet unclear what can happen with the migrants staying in Moscow in the excess of the planned quota.

It is important that the migrants, who have arrived to Russia prior to the en actment of the new legislative documents, will have first to leave the country and come back later, since it involves significant expenses. Different studies carried out in Russia reveal that illegal employment is most widespread in the country, and per cent of illegal migrants work7. A significant share of this group (at least one third) consists of the migrants, who have been staying in Russia for a long time; of ten such migrants have families and sometimes have no ties with countries of their origin.

Pages:     | 1 |   ...   | 86 | 87 || 89 | 90 |   ...   | 134 |



2011 www.dissers.ru -

, .
, , , , 1-2 .