Ways to Improve the Legal Regulation of the Use of Foreign Labor in Business Activities in the Russian Federation

Abstract

The paper considers the directions for the development of international and domestic Russian legal acts regulating the use of labor within the EAEU. The author proposes improving the migration registration system, increasing the period of stay of EAEU citizens in other countries of the Union without residence registration to 90 days, as well as introducing a simpliࣄ ed right to temporary residence. The author also emphasizes the signiࣄ cance of concluding an international agreement within the EAEU that would regulate the issues of higher professional education. An important issue is the uniࣄ cation of pension provision of the EAEU countries, namely the «export of pensions», when a migrant worker who returned home from an EAEU country can convert his accumulated rights in his home country on the basis of an international agreement. The directions of using world experience to combat the illegal use of foreign labor are presented. The ࣄ rst is the minimization of bureaucratic procedures in processing documents, the abolition of re-registration at the same place of residence in obtaining temporary residence permits, and ensuring the possibility of registration for self-employed foreign nationals. The second direction is improving the quality and safety of labor migration, which implies the conclusion of bilateral agreements on migration issues with countries from which large numbers of migrants arrive. The third direction is a change in the system of penalties for violations connected with labor migration. In particular, it is proposed to use the expulsion as punishment under Articles 18.8–18.11 of the RF Administrative Code in urgent cases only, and to decriminalize Article 322.2 of the RF Criminal Code.