THE PROBLEM OF INTERRELATION OF ECONOMIC RIGHTS OF RUSSIAN AND FOREIGN CITIZENS

  • Iliya Vladislavovich Ruzanov
Keywords: labor migration; legal equality; economic analysis of law; efficiency; economic rights; conflict of interests; limitation of rights; law and economy

Abstract

The paper considers the issue of constitutional and legal objectives for the allowance of competitiveness of labor rights of the Russian citizens and migrants. It is stated that under the general rule, by virtue of mandatory requirements of the Constitution, the Russian citizens and foreign persons are equal in legal status. The exceptions are possible in respect to the political rights only. However, the analysis of Russian legislation shows that the economic rights slightly related to the specificity of interrelations of the state and a citizen become often an object of limitation. The specified circumstance requires the development of methodological tools allowing estimating the reasonability of limitation in each individual case. The task set is solved with the help of theoretical approaches accepted within the discipline “Economic analysis of law”. When analyzing any conflict of interests, it is necessary to understand clearly the whole volume of social values standing behind each of them. From this point of view, that which seems to be the limitation of labor rights of citizens of foreign states may actually prove to be the limitation of a wide range of legal interests of the Russian citizens. Thus, when solving the issue of the limitation of economic rights of foreign citizens in favor of the Russians, it is necessary to take into account both the economic aspects themselves and the wide range of other values.

As a whole, the paper states that the differences in the volume of rights of the Russians and foreign citizens are an exception and not a rule and, evidently the migration legislation of the Russian Federation should be lightened.

Published
2019-06-11
Section
Статьи