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METHODS OF NATIONAL LABOR MARKET PROTECTION

https://doi.org/10.24833/2073-8420-2017-2-43-54-60

Abstract

Introduction: Growing migration flows require states to use effective methods to protect national labor market. Their use is based on the principle of employment priority for own citizens of the receiving country. Therefore, the states use different methods to coordinate the flows of labor migrants in a quantitative and qualitative way. In various countries the implementation of this approach differs. They may include a quota system, a scoring system, bans, testing and other ways of employee selection. A comparative study of regulating methods adopted in Russia, Britain and the United States has made it possible to identify their common features based on the unity of objectives solved by receiving states, as well as their peculiarities that allow assessing the effectiveness of each method of national labor market protection. Materials and methods: The methodological basis of the research consisted of the following general scientific and special methods for legal phenomena and processes analysis in the sphere of international labor law: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal-logical method; method of comparative law. Results of the study: The results of the study showed that the methods of regulating labor migrants' flows in Russia, the United Kingdom and the United States have common features that describe this process: their role is to select specialists with higher professional and business qualities. The similarity of methods in use is determined by the unity of tasks that the states receiving migrants have to resolve. The key task among them is the protection of  the national labor market. At the same time, the methods of protecting the labor market used by states have a different content. Thus, the implementation of protective mechanisms takes various forms (scoring system, setting quotas). The comparative analysis has shown that in this country the state regulation of external labor migration is not based on accurate forecasts of the state and needs of the labor market. It seems that the reason behind this situation is the absence of such criteria for the selection of immigrants as age, education, skill level, etc., although they are used in foreign countries. In this regard the Russian Federation should take into account the positive experience of the United Kingdom and the United States in using certain mechanisms of selective labor migration. Discussion and conclusions: Intensity of migration flows in Russia and around the world as  well as a global migration crisis makes it necessary to address the foreign experience of legal regulation of external labor migration, since it may also be useful for Russia. It seems that the scoring system used by the UK for selection of foreign workers and the mechanism for attracting entrepreneurs and investors contributing to the economy of the country developed under the Program for the granting permanent resident status to investors operating in the United States may become effective methods of economically oriented migration policy in our country.

About the Author

E. A. Malyshev
Kaliningrad Branch of St. Petersburg University under the Ministry of Internal Affairs of Russia
Russian Federation

Candidate of Juridical Sciences, Associate Professor, Head of the Criminal Procedure Chair



References

1. Denisenko M.B., Kharaeva O.A., Chudinovskikh O.S., 2003. Immigratsionnaya politika v Rossijskoj Federatsii i stranakh Zapada [Immigration policy in the Russian Federation and the Western countries]. Moscow.

2. Ivanchak A.I., 2012. Pravovoj status inostrannogo grazhdanina v sfere truda: ponyatie i struktura [The legal status of a foreign citizen in the sphere of labour: concept and structure]. Pravo i upravlenie: XXI vek [Law and administration: XXI century]. № 1.

3. Shumilov V.M., 2013. Pravovaya sistema SSHА [Legal system of the USA]. Moscow.

4. Khabrieva T.Y., 2015. Pravovaya sistema Rossijskoj Federatsii v usloviyakh mezhdunarodnoj integratsii [The legal system of the Russian Federation in the context of international integration]. Vestnik rossijskoj akademii nauk [Bulletin of the Russian Academy of Sciences]. № 3.

5. Tsapenkо I.P., 2015. Sotsialnyie effektyi immigratsii [Social effects of immigration]. Vestnik rossiyskoy akademii nauk [Bulletin of the Russian Academy of Sciences]. 2015. № 10.


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For citations:


Malyshev E.A. METHODS OF NATIONAL LABOR MARKET PROTECTION. Journal of Law and Administration. 2017;(2):54-60. (In Russ.) https://doi.org/10.24833/2073-8420-2017-2-43-54-60

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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)