Minimizing state’s risks from illegal migrants’ labour

With the development of globalization processes and sufficient free movement of labor, and skilled personnel, the problem of legal and illegal migration has gradually become part of public policy for many countries. The aim of the article is to determine the priorities of the state migration policy for legal, illegal migrants and refugees and to form recommendations for the development of clear and transparent rules of the state migration policy taking into account the international legal field and in the context of economic security. An analysis of the main trends in the migration processes was conducted and it was found that over the past 30 years there has been a rapid increase in the number of international migrants and refugees, which puts pressure on the economies of host countries. It has been proven that migration affects the main components of national security, and the impact on the country's economic security is particularly pronounced. As a result, national security requirements must be taken into account when formulating state migration policy. The main components of the state migration policy were identified, the analysis of the main theories and approaches to the migration policy in relation to legal migration was carried out. The main problems of the state policy on illegal migration and refugees have been identified. The state migration policy is analyzed on the example of the EU countries and their overcoming of the migration crisis and the refugee crisis. The state determines the main priorities of migration policy based on national and economic security requirements. There are two main aspects of state migration policy: targeted attraction of immigrants and policy on illegal migration and refugees. There are three main approaches to attracting immigrants - encouraging all types of immigration, creating maximum barriers to immigration, and encouraging specific target groups of immigrants. With regard to illegal immigration, the state can take a tough stance or allow it to replenish the workforce. State policy on refugees is determined by the norms of international law. It has been argued that national migration policies need to be adapted to the current world economy, and that the main priorities include transparency, long-term forecasting of labor market needs, clear criteria for migrant admission and combating illegal migration, which is part of international crime.

Aim . This work aimed to analyze data on migration processes in modern Russia, their manifestations, and their impact on the country’s economic and national security, as well as to identify associated risks and threats and consider existing opportunities for various forms of migration. Objectives . The work seeks to study Russia’s migration policy within the context of global migration trends, as well as to investigate the impact of internal and external migration processes on Russia’s economic and national security, their causes, and types. Methods . The study is based on comparative, systemic-structural, cause-and-effect, factor, functional, and statistical analysis. Expert assessment and observation methods were also used. Results. The Russia’s migration policy is primarily aimed to ensure a balance between the economy’s need for labor resources, the protection of national security, and social stability. The migration strategy serves as a tool designed to fulfill the purposes of Russia’s migration policy and achieve its objectives in the long term. Internal migration in Russia is largely represented by a young, active, and productive segment of the population, driven primarily by economic, geopolitical, and climatic factors. External migration to Russia is caused primarily by economic factors, particularly a steady increase in labor migration. Meanwhile, intellectual migration is experiencing an outflow of people from the country. As a result, migration legislation is being reformed to encourage scientists to return to the country, however no significant effect has been noted to date. Conclusions . Nowadays migration takes various forms and has varying intensities. Internal migration continues to develop as migration from small towns to cities, while external migration fluctuates depending on the political situation and other factors. This determines the origin and intensity of migration processes. Internal and external migration can not only be a source of threats to Russia’s economic and national security but also create opportunities to address demographic, economic, and social problems through properly implemented migration policies. As long as the Russian economy remains inconsistent in its priorities for scientific and technological development and the implementation of support tools at various levels, the outflow of promising population and the influx of unskilled and illegal migrants will remain a huge risk to Russia’s economic and national security. Russia’s migration policy requires fundamental changes and refinements to avoid irreversible consequences due to lost time.

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

In this paper, I selectively review recent literature on illegal migration from Mexico to the United States. I begin by discussing methods for estimating stocks and flows of illegal migrants. While there is uncertainty about the size of the unauthorized population, new data sources make it possible to examine the composition of legal and illegal populations and the time-series covariates of illegal labor flows. I then consider the supply of and demand for illegal migrants. Wage differentials between the United States and Mexico are hardly a new phenomenon, yet illegal migration from Mexico did not reach high levels until recently. An increase in the relative size of Mexico's working-age population, greater volatility in U.S.-Mexico relative wages, and changes in U.S. immigration policies are all candidate explanations for increasing labor flows from Mexico. Finally, I consider policies that regulate the cross-border flow of illegal migrants. While U.S. laws mandate that authorities prevent illegal entry and punish firms that hire unauthorized immigrants, these laws are imperfectly enforced. Lax enforcement may reflect political pressure by employers and other interests that favor open borders.

No other region of India has experienced such a huge, continuous and prolonged immigration as the North-East of India. Much of the brunt of this immigration is born by Assam, especially the Brahmaputra valley. There has been an equally intense immigration in Tripura during the last four decades, but Assam stands apart as a state, which has witnessed the severest impact of immigration from East Pakistan and subsequently Bangladesh. Starting from the recruitment of Bengali officials during the early years of British rule, continuing immigration as tea plantation workers and subsequently the peasants from Mymensingh looking for land to reclaim and settle in Assam – all have meant additional burden on the resources of the state. The population of immigrant Bangladeshi population has grown rapidly and has changed the demographic composition of the state. Today, in six districts of Assam, Muslims, with an inflated population because of illegal immigration from Bangladesh, form the majority religious group, and more districts are likely to turn into Muslim-majority districts. As a community, they have begun to exercise influence on the politics of the state. In the process of immigration, the Bangladeshi immigrants have suffered worst reprisals, but the immigration has continued unabated. The people of Assam perceive this illegal immigration as a threat to their economic security and cultural harmony. Another foreign immigrant group in Assam is that of Nepalis who are ubiquitous in all parts of the state but remain confined to service industry like transport and dairying.The single most important factor that has contributed to this illegal mass exodus from Bangladesh to Assam is a steep population density gradient. While Bangladesh has a population density of over 1,000 persons to a km2, Assam’s density of population is less than 400 persons to a km2.Tripura is another state in the North-East which has experienced huge influx of Hindu refugees and illegal migrants. The immigrant population was accommodated in the state compassionately, though occasional violent clashes did occur between the original indigenous population and immigrant population. Following the adoption of Bengali language as the language of the state and Hinduism as the faith of the royalty, the erstwhile kings and their subjects willingly absorbed the cultural influences from Bengali Hindu society. It was not difficult to assimilate the immigrants in their fold. Today, unlike in Assam, the immigrant Bengali community contributes greatly to the economic and cultural development of the state.KeywordsImmigrant PopulationIllegal ImmigrationMigration StreamPlantation WorkerDisplace PersonThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

The illegal migration of Basotho women to South Africa in order to render domestic service is alarming because they are subjected to harsh treatment. This is a pastoral and theological concern for the church. As migrants, their struggle begins from the household circumstances that often force them to leave and seek job opportunities undocumented or without following prescribed migration procedures. They are then subjected to migration processes and procedures: for example, corruption and bribery by migration officers and illegal dealers (lirurubele). The working and living conditions in South Africa are often unconducive for illegal migrants. As economic and illegal migrants, they are often considered as lesser by prejudiced employers who treat them inhumanely. Accessing essential services also imposes a significant threat to their lives.Contribution: Through this study, the article will reveal the vulnerability faced by illegal migrant Basotho women as domestic workers in South Africa.

Illegal migration is publicly dangerous, harmful, criminal phenomenon, which really threatens to national security of many countries. The issue of providing the proper state of national security is of greater actuality for Ukraine. Therefore, the issues of scientific analysis of the relationship of migration and national security, making suggestions for the improvement of counteraction to illegal migration, taking into account the threats which it creates, are very important. The problem of the organized illegal migration of population is studied by experts as one that requires an urgent solution. The indicated form of migration was transformed into highly profitable criminal business, became the important element of the transnational organized crime. The latter has already gone beyond the interests of national security, since it threatens to political stability and economic development of many world countries, it results in serious violations of human rights, development of parallel economy, which feeds crime. The relevance of the problem of the organized illegal migration predetermines the increased attention to it both by separate countries and at international level, requires urgent development and introduction of new effective measures of counteraction. Aggression of the Russian Federation and caused mass internal moving of population in our country, Ukraine’s approaching to the EU and introduction of the visa-free arrangements with most Member States of the EU stipulated the cardinal change of approaches in regulating migration processes, transition from repressive methods to prevention. Therefore the present system of counteraction to the organized illegal migration requires an improvement by effective application of administrative measures to illegal migrants in combination with bringing their traffickers to criminal liability and other measures of migratory sphere’s regulation. Thus, granting priority to national interests in the state migration policy at the admissible restriction of human right to free movement is very important.

The formulation of the problem is due to the fact that there are gaps in the legal regulation of migration processes, and in the conditions of modern reality, a clear distinction between concepts is required. The insufficiency of terms does not give a correct legal interpretation, in addition, there is a problem related to the protection of the legal status of a migrant. The purpose of the work is to study the theoretical and comparative legal aspects of the legal regulation of migration processes. The methodological basis of the presented work was made up of modern general scientific methods and techniques of cognition. The system method, the method of analysis, statistical, formal-legal and comparative-legal methods and other methods were used. The legal status of a migrant in the Russian Federation is considered. A distinction is made between the concepts of “migrant” and “illegal migrant”, “illegal migration”, and their definitions are formulated. The analysis of the legal status of a migrant in the Russian Federation and in other countries, in particular, the United States, was carried out. The legal acts regulating migration processes in Russia, in particular, labor migration, are considered. The legal statuses of “refugee”, “forced migrant”, “foreign citizen”, “stateless persons” are defined. It is proposed to grant certain migrants a special status, which will provide benefits in various areas. It has been established that if the identified gaps in legal regulation are eliminated, there will be a positive effect from the development of legislation related to ensuring the migration security of Russia.

Migration has existed since the beginning of mankind. The phenomenon has not been ceased in time, but it has changed and acquired new forms. Migration processes are conducted simultaneously and they are increasing in many countries. One of the long term results of this development could be the emergence of multicultural societies, tending towards new concepts of citizenship or national state. Most of the developed countries have become diversified and multiethnic societies, and those who have not reached this level yet, have turned decisively in this direction. The social consequences of migration are as important as its influence on the economy. The regulation of the migration processes supposes the application of legal, administrative and socio-economic measures that are aimed to stimulate or limit the migration of population in or from the country, to ensure the respect of the migrants’ rights, to fight against both the illegal migration and illicit trafficking in human beings.

Abstract. Introduction. The article examines the category «financial security of the enterprise» as a component of economic security. The work of domestic and foreign researchers on the issues of economic and financial security of enterprises is outlined. The importance of financial security in the conduct of business activities by enterprises is analyzed. Purpose. The uncoordinated actions of enterprise managers are also reinforced by such external factors of negative influence as hybrid crises, wars, the emergence of new viruses, not to mention the systematic threats of disturbances in the consumer and purchasing behavior of buyers, the entry of new competitors into the market, changes in tax and economic legislation, strategic goals managers of companies in the conditions of globalization, rapid technological progress, which can be difficult to catch up. A wide range of these factors can even lead to mass bankruptcy and liquidation of bankrupt economic entities. The answer to the challenges of today is to create such a financial security management mechanism, which will not only be effective here and now, but will also be adaptive to potential risks in the future. At the same time, at first glance, theoretical provisions remain unchanged and specialist scientists cannot derive new theories or interpretations of familiar terms related to financial security. However, in our opinion, the purpose, tasks and principles of building the financial security of the enterprise may also change, or more precisely, these components can no longer be universal and need to be expanded and modified depending on new circumstances. Results. The author's understanding of the concepts of "economic security" and "financial security" is presented. The authors characterized and systematized the key goals, tasks and principles of the organization of financial security of the enterprise. Conclusions. Based on the fact that new hybrid crises are emerging more and more often, as well as new management tools and methods, in particular in the financial and economic activities of enterprises, it was concluded that the list of tasks and the principle of financial security of the enterprise can be expanded. In particular, it is worth paying attention to the principles of legality, awareness and prevention when building an effective mechanism for managing the financial security of enterprises.

Relevance of the research. For Ukraine, the relevance of the topic is enhanced by the need to develop a long-term model of economic recovery and modernization, which would be based on the principles of sustainability, economic sovereignty, social security and integration into the European security space. In the EU countries, in turn, there is a growing awareness of the need to strengthen economic and energy security, adaptation to the new reality, where the policy of “soft power” no longer ensures stability. Therefore, the issue of economic security is becoming key for the formation of modern economic policy of both Ukraine and the European Union. Problem statement. Modern economic challenges require a new scientific paradigm — an integrative model of security economics, which would allow states to maintain stability and competitiveness, providing protection from threats and creating a basis for long-term development. Analysis of recent research and publications. The issue of economic security is considered in various conceptual planes, for example, during the period of F. Roosevelt's “New Deal”, when economic stabilization was considered an element of national security in the USA. Ukrainian researchers, in particular, Ya. Zhalilo, consider economic security as the ability of the economy to self-reproduce and resist destabilizing factors. Other scientists focus on the resilience of the economic system to external and internal threats (O. Skoruk, Z. Gbur), methods of their neutralization, mechanisms for ensuring competitiveness and socio-economic stability. Research task. Theoretical justification and empirical analysis of the concept of security economy in the context of modern geopolitical challenges, as well as identification of key areas of economic policy of Ukraine and the European Union countries. Main material presentation. The article analyzes Ukraine’s national strategies in the field of economic security since 2014, and shows how the military conflict forced the state to move towards the integration of defense, energy, financial and social mechanisms into a common economic paradigm. Particular attention is paid to post-war recovery programs, including grant initiatives, stimulating small and medium-sized businesses, supporting critical infrastructure and attracting international assistance. It highlights research approaches to the analysis of economic growth as an ambiguous indicator of well-being and security, in particular with regard to environmental, social and institutional consequences. The concept of “economic socialization” is considered, which involves the development of human capital, social cohesion and citizen participation in decision-making as a key condition for sustainable development. In the context of the EU, the emphasis is on changes in the security paradigm, which were manifested through the adoption of the Strategic Compass, strengthening the defense potential, energy transformation and the conclusion of security agreements with Ukraine. It is shown that the security economy is becoming a new model of cooperation between Ukraine and Europe, focused on long-term stability, strategic autonomy, and the protection of democratic values. Conclusions. Economic security in the post-war recovery period will obviously be closely linked to social stability. After the war, many people face unemployment, loss of housing, and a decline in living standards. The state must ensure social support, the creation of new jobs, access to education, and health services. This will help avoid social tensions and ensure internal stability. Keywords: security economy, economic security, post-war recovery, economic growth, social cohesion, public policy, institutional stability.

The article examines the legal grounds for the performance of work by Ukrainian citizens abroad. For example, this is the conclusion of an employment contract with a foreign employer. Some reasons for illegal labor migration are indicated. Attention is focused on new terminology: "informal employment", "informal economy", "undeclared work", "illegal work", "hidden work". Various approaches of the states to the decision of a question on illegal labor migration, including concerning Ukraine are specified.

The topicality of researching specific features of migration processes on the territory of the Russian Federation deals with the rising role of economic security in providing strategic priorities of states in the period of growing tension in the world. Apart from that, such factors as unfavorable demographic situation, changes in the age structure of the population, adverse trends on labour market of many regions, shortage of labour, etc. become more and more important. It increases academic and practical interest in researching migration processes on different territorial levels, including the sphere of national and economic security. The Decree of the President of the Russian Federation N 208 dated May 13, 2017 ‘Concerning Strategy of Economic Security in the Russian Federation for the Period up to 2030’ defined optimization of labour migration flows based on needs of national economy as one of key objectives of realizing the trend dealing with the development of state governance system, forecasting and strategic planning in economy. This document among indicators characterizing economic security focuses on the tension factor on labour market, the share of employable people in the total population and distribution of those employed by the level of education. The Degree of the President of the Russian Federation N 400 dated July 2, 2021 ‘Concerning Strategy of National Security of the Russian Federation’ points out that attaining goals of economic security of the Russian Federation is realized by solution of such important problems as cutting differentiation of entities of the Russian Federation by the level and rate of social and economic development, standard of living, motivating the development of economic potential in regions, strengthening of their budget support. Migration processes are included in the zone of such problem solution. They can cause even higher territorial differentiation in regions, a drop in the standard of life or, on the contrary, reduce territorial inequality and improve space development of the country. In view of national and economic security external migration is more important, as it influences many social and economic aspects taking place in the country. But whether migration processes inside the country can affect economic security of Russia is still a debatable issue.

The aim of the research is to address the problem of regulation and implementation of criminal responsibility for illegal migration organisation and to determine, on this basis, the course of action to enhance Article 3221 of the Criminal Code of the Russian Federation containing the corpus delicti and its application in practice. The problem is the absence of the necessary coherence of Article 3221 of the Criminal Code of the Russian Federation with the international law provisions aimed at illegal migration organisation countering. Alongside this challenge, there is another one: of inadequate legal certainty of this criminal legal norm disposition, which complicates its uniform interpretation and further practical application in allowing for competition with the articles of the Code of Administrative Offences of the Russian Federation, establishing liability for related criminal acts. The general dialectical method of enquiry, general scientific and specific scientific methods, including the comparative legal method, the method of statistical analysis and the method of legal modelling are used in this article to address the issue. As a result of the conducted research, the authors conclude that the existing approach to improving the legislative framework and practice of countering the organisation of illegal migration in the Russian Federation needs to be changed. More specifically, given the need to harmonise Russian and international legislation in this field, the authors propose to complement the mental element of the corpus delicti of the irregular migration organisation with an indication of the mandatory aim in the form of the perpetrator's desire to obtain, directly or indirectly, financial or other material benefit. As a result, this criminal law prohibition will be aligned with the provisions of Paragraph 1 and Article 6 (2)(c) of the Protocol against the Smuggling of Migrants by Land, Sea and Air. Furthermore, this research substantiates the need to specify the disposition of Article 3221 of the Criminal Code of the Russian Federation in terms of the content of actions that comprise the illegal migration organisation actus reus and to mark which specific types of migration legislation violations constitute the crime, as well as to explicitly indicate that this criminal law norm shall be applied, if the act is not covered by Art. 322, Art. 3222 or Art. 3223 of the RF Criminal Code. Based on administrative and criminal legislation analysis, the authors argue for the deletion of criminal liability for a single violation of migration legislation, including for organizing a foreign citizen's or a stateless person's irregular migration committed by a person who is not subject to an administrative penalty for a misdemeanor in the migration field. Thus, the authors underline the need of systematic cross-sectoral changes in the current migration legislation.

Due to the fact that the increase in migration flows increases their impact on various directions in the world economy, the issues of regulating these flows through migration policy, as well as ensuring economic security and the general national security of the State, are becoming increasingly relevant. Therefore, in modern realities, migration issues are increasingly being considered in the context of state security. This is largely due to the illegal component of migration, which carries direct risks, not only related to financial and economic security, but also with political stability. In the Russian Federation, the issue of illegal immigration and illegal labor activity of legal immigrants remains relevant, which in turn affects the growth of the shadow economy and its financial infrastructure (informal money transfer systems). Strengthening the informal financial infrastructure entails an increase in the risks of money laundering and financing terrorism. In this regard, the above aspects in this article are considered comprehensively and investigated from both economic and socio-political points of view.