Legal aspects of migration policy in today’s Russia

Migration policy requires particular attention. Changes in this area not only imply increased control and stricter legislation, but also the development of comprehensive programmes aimed at integrating migrants, including through educational initiatives and social support. This approach will turn challenges into opportunities for the sustainable development of society and the strengthening of intercultural dialogue. Those were the conclusions reached at a session entitled Legal Aspects of Migration Policy in Today’s Russia, which took place as part of the St. Petersburg International Legal Forum.

The Forum was organized by the Roscongress Foundation with the support of the Ministry of Justice of the Russian Federation.

KEY CONCLUSIONS

Migration policy must be based on migrants abiding by the law

“All issues related to migration policy are resolved in a chaotic manner, as and when problems arise. <...> Various initiatives are being discussed today. These include, for example, the targeted [recruitment – ed.] of migrants for the specific needs of employers, holding employers accountable for this form of recruitment, and introducing various loyalty tools for migrants,” Olga Alexandrova, Rector, All-Russian State University of Justice.

“We should honestly ask ourselves what we are working towards. To what ends are we bringing migrants into our country? It could be for economic reasons, for example. Or there may be political considerations that perhaps we are not aware of, but which exist regardless. But what is our end goal here? <...> It is said that we allegedly cannot build anything without migrants. However, fewer and fewer migrants today work in construction – this is a trend. According to our data, only 13% of those who come to build something actually work in construction. So, where do migrants work most often today? They drive taxis, deliver food, and work in markets. <...> A year ago, I instructed our departments to create groups locally which focus on migrants. We take part in raids along with other law-enforcement agencies,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

“The problem is that people come with their own cultural, ethnic, and religious traditions, and do not want to adapt. We must create conditions and rules that ensure that people adapt to the conditions that we have in the Russian Federation. There can be no separate legislation for migrants – they must live according to the laws of the Russian Federation. <...> Until we change this situation, problems with crime and everything else will unfortunately grow,” Andrey Klishas, Chairman of the Committee on Constitutional Legislation and State Building of the Federation Council of the Federal Assembly of the Russian Federation.

“Businesses are ready to attract foreign workers and provide the necessary systemic conditions to accommodate foreign workers, so that the necessary control is there. What’s more, businesses are ready to compete with each other for these resources. However, they are not ready to compete with businesspeople who attract foreign workers using schemes which involve shell companies. Law‑abiding entrepreneurs find it virtually impossible to compete economically with businesses that attract foreigners through intermediaries, and which actively participate in financing shadow schemes and illegal migration. Let’s create equal conditions for businesses in terms of responsibility when working with foreign citizens,” Sergey Nuzhdin, Member of the Presidium of the Management Board, Chairman of the Committee on Migration and Coordination of Activities of Places of Residence, OPORA RUSSIA All-Russian Non-Governmental Organization of Small and Medium Business.

PROBLEMS

Growing rates of crime committed by migrants

“There has been an active discussion in the media recently on the issue of crime committed by migrants. Society is divided. Some believe that crimes committed by migrants have increased, while others believe that many more crimes are committed by the indigenous population. <...> Migration policy in general has sparked and continues to spark lively discussions. A great many questions have amassed here. For example, to what extent has migration policy proven to be effective, and why do we increasingly hear about completely unacceptable behaviour from migrants? Can we talk about social stability and calm for our citizens when migrants coming to our country in large numbers do not want to accept our rules of conduct and customs, and make no effort to become part of our social community? What can and should the state do in this regard? The intensity of the problem has decreased to a certain extent due to the pandemic, but it only temporarily reduced migration to our country. <...> And we cannot forget the fearsome challenges of terrorism that our society faces. Recent tragic events provide a conspicuous and bitter example of this,” Olga Alexandrova, Rector, All-Russian State University of Justice.

“In 2023, 38,936 crimes were committed by foreign citizens and stateless persons. Yes, this did indicate a slight decrease – of 3%. But this data does not include crimes committed by those who have recently obtained Russian citizenship. Legally speaking, they are not migrants. Meanwhile, despite there being a slight decrease in overall crime committed by migrants, there was a 32% increase in particularly serious crimes committed by migrants. <...> In 2023, there was also a noticeable increase in crimes against the sexual inviolability and sexual freedom of the individual. As for illegal drug trafficking, there was a 27% increase. <...> And crimes of an extremist nature grew by 147%. And migrants do not shy away from cybercrime, using modern technologies. Here there was a 27% increase. Increasingly, migrants commit high-profile crimes and offences. <...> The number of crimes related to resisting the police and attacking members of the public who are performing their civic duty is growing. <...> The geographic scope of migrant crime is unfortunately also expanding,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

“What sort of people are making their way to our country? A year ago, the Federal Agency for Ethnic Affairs conducted official research that indicated that over 40% do not recognize our laws and traditions, and another 26% are ready to firmly assert their traditions on our territory. People with radical ideologies are coming to us,” Kirill Kabanov, Chairman, National Anti-Corruption Committee.

“The perfect migration policy doesn’t exist anywhere. It lacks systematization and comprehensiveness, and is awash with double standards,” Zemfira Kazachkova, Head of the Department of Administrative, Financial and Information Law, All-Russian State University of Justice.

SOLUTIONS

Regulating migration through visa regimes and digital profiles

“The hiring of migrants must be both warranted and centralized. Migrants should come with one purpose – to work for a specific period,” Kirill Kabanov, Chairman, National Anti-Corruption Committee.

Try viewing the situation via a transactional method of control. Introduce a special account for a foreign citizen, which will be monitored by the state in terms of the distribution of this financial source. That way, you will see who the ultimate beneficiaries are,” Sergey Nuzhdin, Member of the Presidium of the Management Board, Chairman of the Committee on Migration and Coordination of Activities of Places of Residence, OPORA RUSSIA All-Russian Non‑Governmental Organization of Small and Medium Business.

For more information, visit the Roscongress Foundation’s Information and Analytical System at roscongress.org/en

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