Pubblicato online: 19 giu 2021
Pagine: 72 - 92
DOI: https://doi.org/10.2478/wrlae-2020-0006
Parole chiave
© 2020 Katsiaryna Beliakova, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
The creation of the Commonwealth of Independent States (CIS) has given the member states the task of preserving, developing and strengthening political, economic and cultural ties. At the same time, the issue of choosing citizenship or the state of residence and freedom of movement for many citizens in the post-Soviet space was often of primary importance for many reasons (family, permanent place of work in a country other than the republic of birth, fleeing armed conflicts, etc.)
29 years after the establishment of the Commonwealth, the migration movement between the CIS countries is quite impressive. For example, 24,601 migrants arrived to Belarus in 2018, 17,008 of them came from the CIS countries, and 9829 of 15,239 Belarusian citizens departed to the CIS countries. See
The formation of the migration law
Migration law of the CIS in this article is understood as the set of international rules adopted within the CIS governing: 1) the movement of persons between member states and member states and third countries and 2) the legal status of migrants within host member states of the CIS states (in accordance with the approach to definition of international migration law represented by V. Chetail, see V. Chetail, Ustav Sodruzhestva Nezavisimyh Gosudarstv ot 22 janvarja 1993 g.). Mezhparlamentskaja Assamleja SNG. Baza dokumentov. < Most authors do not pay attention to these acts of migration law and highlight just two directions of the development of migration law within the CIS: creation of international multilateral agreements and conclusion of bilateral agreements (see Khabrieva TY,
Despite the importance, the issues of legal regulation of migration within the CIS have not received a comprehensive and systematic analysis in the legal literature. Only some authors pay attention to particular sources of migration law in the CIS in their articles devoted to different issues (labour migration, illegal migration, status of refugees and displaced persons, regulation of migration in particular member – states of the CIS, etc.) using mainly historical approaches for analysing such sources
For example, N.A. Voronina in her book “Migration Law and Migration Legislation of the Commonwealth of Independent States (historical-legal analysis)” pays much attention to the migration legislation of particular states-members of the CIS, provides just a brief analysis of multilateral agreements on migration within the CIS (
The aim of this article is to present the description of the multilateral agreements and acts of model legislation as sources of migration law in the CIS
Bilateral agreements of the CIS member States in the field of migration regulation, as well as acts adopted by the CIS member States within the framework of other interstate entities (in particular, the EurAsEC, the Union of Belarus and Russia, etc.) were not included to the subject of this research.
The analysis of the CIS legal system allows to divide international agreements in the field of migration into: a) the acts of general character (this group includes the CIS Charter; b) legal acts that define basic human rights and freedoms, among them those related to migration processes) and specialized ones regulating relations within a specific type of migration (for example, labour migration, forced migration, fighting illegal migration), concerning the legal status of a particular group of migrants (migrant workers, refugees, etc.), establishing rules for entering the territory of member states.
The main agreement defining the goals of the CIS, areas of cooperation, areas of joint activity and the main legal framework of the CIS is the Charter of the Commonwealth of Independent States signed on 22 January 1993
Ustav Sodruzhestva Nezavisimyh Gosudarstv ot 22 janvarja 1993 g.). Mezhparlamentskaja Assamleja SNG. Baza dokumentov <
The CIS Convention on Human Rights and Fundamental Freedoms of 26 May 1995 stipulates the next basic rights and freedoms related to migration: equality of all people before the law, non-discrimination (art. 20); freedom of movement and freedom to choose a place of residence within the territory of a Contracting Party; the right to leave any country, including one's own (restrictions on these rights and freedoms may be provided by law in the interests of state or ublic security, public order, to protect public health and morals, or to protect the rights and freedoms of others (art. 22); the right to citizenship, the prohibition of arbitrary deprivation of one's citizenship or the right to change one's citizenship (art. 24); prohibition of the expulsion of a person from the territory of the state of which he is a citizen; no one can be deprived of the right to enter the territory of the state of which he/she is a citizen (art. 25), etc.
Konvencija Sodruzhestva Nezavisimyh Gosudarstv o pravah i osnovnyh svobodah cheloveka 26 maja 1995 g. Ispolnitelnyj KomitetSodruzhestva Nezavisimy gosudarstv. Baza dokumentov <
The CIS Convention on Human Rights and Fundamental Freedoms is based on the International Bill of Human Rights and at the same time develops the provisions of basic international agreements. Unfortunately, there is no body monitoring the implementation of the Convention, which is the main reason for its inactivity
See Voronina N. A.,
The Charter of Social Rights and Guarantees of Citizens of CIS of 29 October 1994
Hartija socialnyh prav I garantij grazhdan nezavisimyh gosudartv ot 29 oktiabria 1994 g. Mezhparlamentskaja Assamleja SNG. Baza dokumentov < In the context of ensuring the normal functioning of the labor market and the economic system of the Contracting States.
Section II of the Charter is devoted to the guarantees in the field of migration relations such as the obligation of member states to respect the principle of freedom of migration of workers and the population between them (art. 4), to establish national services for migrant workers and provide permanent contact between them in order to ensure the rights of citizens to work abroad (art. 6). Article 5 of the Charter defines the general tasks of member states in the field of forced migration, such as ensuring social and legal protection of forced migrants (refugees), as well as a life and work regime that is no less favourable than for their citizens. Member states that have granted asylum provide refugees and internally displaced persons with the necessary social and living conditions and assist in employment in accordance with current national legislation. Interestingly, there is a special provision stating that the costs associated with forced migration, including compensation to refugees and internally displaced persons for the cost of housing and other property left or lost by them, are borne by the States of departure
Hartija socialnyh prav i garantij grazhdan nezavisimyh gosudartv ot 29 oktiabria 1994 g. Mezhparlamentskaja Assamleja SNG. Baza dokumentov.
The abovementioned acts follow the main international standards in establishing the rights and freedoms, set up obligations of the member states, but their provisions have in general declarative character and are not applied in practice. One of the reasons of this problem is the absence of effective control mechanism, for example, judiciary body or a committee with the appropriate authority to accept claims in cases of violations of the norms of these acts (as the European Court of Human Rights).
The second group – specialized international acts on migration of the CIS – are actually aimed at providing cooperation in various areas of migration relations, while it can be seen as the priority issues related to migration processes such as regulation of enter the territory of the CIS member states, help refugees, the fight against illegal migration, and the exchange of information about persons entering the territory of the CIS member states.
Intergovernmental Agreement on Visa-Free Movement of CIS Citizens on the Territory of Member States of 9 October 1992
Soglashenie o bezvizovom peredvizhenii grazhdan gosudarstv Sodruzhestva Nezavisimyh Gosudarstv gosudarstv na territorii ego uchastnikov ot 9 oktiabria 1990. Ispolnitelnyj Komitet Sodruzhestva Nezavisimyh Gosudarstv. Baza dokumentov. Voronina NA, Nowadays the visa-free regime is regulated mainly by bilateral agreements and the intergovernmental Agreement between Belarus, Kazakhstan, Kyrgyzstan, Russian Federation and Tajikistan on mutual visa-free movements of citizens signed 30 November 2000 <
Agreement on Assistance to Refugees and Displaced Persons of 24 September 1993 (as amended on 10 February 1995) was accepted as an attempt to solve the problem with the increasing number of refugees and displaced persons on the territory of the former USSR as a result of armed conflicts in some former Soviet republics, so the norms of the Agreement apply to citizens of the States – parties to this Agreement (as to the citizens of third countries, the provisions of the 1951 Convention Related to the Status of Refugees and the 1966 Protocol Related to the Status of Refugees apply) or the persons who have a permanent residence on the territory of the party to the Agreement.
The Agreement defines the notions of refugee (art.1) and displaced person (art. 2), as well as persons who cannot be recognized as refugees (a person who has committed a crime against peace, humanity or other deliberate criminal act, art. 1)
Soglashenie o pomoshchi bezhencam i vynuzhdennym pereselencam ot 24 sentiabria 1993 g. (s izmenenijami ot 10 fevralia 1995 g.). Baza dannyh pravovoj informacii Uchiot. Zakonodatelstvo < Ibid.
A
The Agreement doesn’t set out any principles related to the status of refugee and displaced person as well as their rights and obligations, just Article 10 of the Agreement establishes the right of every refugee and displaced person to appeal to the courts within the territory of the Parties to the Agreement, refugees and displaced persons are equal in the right to defend their rights in the court to the citizens of the host state. At the same time, it was stated that the status of the refugee and displaced person is determined in accordance with this Agreement, the generally recognized norms of international law and the legislation of the party that granted asylum, and is confirmed by the issuance of the relevant document (art. 3).
There are the obligations of the Parties established by the Agreement: the obligations of the country of departure to carry out the evacuation of the population from zones of armed and inter-ethnic conflicts, to ensure the personal and property security of evacuees (art. 4); obligations of the receiving party to provide necessary social and living conditions for refugees and internally displaced persons in places of their temporary accommodation and to assist them in finding employment in accordance with the legislation on employment adopted in each of the Parties (art. 5). Contracting parties are also obliged to assist refugees and internally displaced persons in requesting and issuing documents necessary to resolve issues related to citizenship; in obtaining various types of acts confirming civil status at the place of former residence (marriage certificates, birth certificates, workbooks and other documents necessary to resolve issues of pension provision, proof of work experience, travel abroad, etc.); in obtaining information about relatives living in the territory of the state abandoned by the refugee or internally displaced person, as well as about their property left there (art. 6).
Theoretically, there are two legal regimes for refugee status that exist in the CIS (for citizens of the CIS member state/persons with permanent residence in the CIS member state and citizens of the third countries), but de facto all the member states of the CIS now are the parties to the 1951 Convention Related to the Status of Refugees and apply the norms of international law in this field. At the same time, as N. N. Voronina reasonably stated, the provisions of the Agreement were not implemented effectively because its creation was a kind of political populism
Voronina N. A.,
The Agreement on Cooperation of the CIS Member States in the Fight Illegal Migration of 6 March 1998
Soglashenije o sotrudnichestve gosudarstv – uchastnikov SNG v borbe s nezakonnoj migraciej ot 6 marta 1998 g. Konsorcium KODEKS. Elektronnyj fond pravovoj i normativno-tehnicheskoj informacii. < The International Organization for Migration refrains from using incorrect terminology such as “illegal migrant”, using instead the following wordings such as “migrant in irregular situatuon”, or “undocumented migrant”
The aforementioned Agreement defines the directions of cooperation of the CIS member states in combating illegal migration: migration control; record of citizens of third States, stateless persons and citizens of the Parties who illegally cross the borders, illegally stay on the territory of the Parties and of persons banned entry to the territory of one of the Parties; a mechanism for deportation of illegal migrants; harmonization of national legislation of the Parties in the field of responsibility for illegal migrants and for persons who facilitate illegal migration (art. 4); training and professional development of employees of the relevant authorities in the States involved in combating illegal migration; exchange of information on illegal migration (art. 6).
To implement the obligations assumed by the CIS member states in the field of migration regulation and combating illegal migration, as well as in order to ‘improve the effectiveness of the fight against crime, terrorism, and other challenges and threats’, an Agreement on a Unified System for Registering Third-Country Citizens and Stateless Persons Entering the Territories of the CIS Member States (adopted 18 October 2011)
Soglashenie o edinoj sisteme uchiota grazhdan tretjih gosudarstv i lic bez grazhdanstva, vjezzhajushchih na territorii gosudarstv-uchastnikov Sodruzhestva Nezavisimyh Gosudarstv ot 18 oktiabria 2011 g. Konsorcium KODEKS. Elektronnyj fond pravovoj i normativno-tehnicheskoj informacii. <
The legislative body of the CIS – the Interparliamentary Assembly (IPA)
Soglashenije o Mezhparlamentskoj Assambleje gosugarstv – uchastnikov SNG. Mezhparlamentskaja Assamleja SNG. Baza dokumentov. < Postanovlenije Mezhparlamenskoj Assamblei gosudarstv – uchastnikov SNG O modelnom zakonotvorchestve v Sodruzhestve Nezavisimych Gosudarstv (s izmenenijami na 25 nojabria 2008 g.). Prilozhenie 2. Polozhenie o razrabotke modelnych zakonodatelnych aktov i rekomendacyj Mezhparlamenskoj Assamblei gosudarstv – uchastnikov SNG Mezhparlamentskaja Assamleja SNG. Baza dokumentov <
See:
Postanovlenije Mezhparlamenskoj Assamblei gosudarstv – uchastnikov SNG O modelnom zakonotvorchestve v Sodruzhestve Nezavisimych Gosudarstv (s izmenenijami na 25 nojabria 2008 g.). Prilizhenie 2. Polozhenie o razrabotke modelnych zakonodatelnych aktov i rekomendacyj Mezhparlamenskoj Assamblei gosudarstv – uchastnikov SNG. Mezhparlamentskaja Assamleja SNG. Baza dokumentov <
Two historical stages in model lawmaking within the CIS could be defined. The first stage covers the 1990s and is associated with a difficult period of formation of sovereign States on the territory of the former USSR and their legal systems. In this area, two documents related to the regulation of migration of workers in the CIS, as well as the expansion of legal regulation of refugee status, should be noted.
Recommendation legislative act ‘Migration of Labor Resources in the CIS Countries’
Rekomendatelnyj zakonodatelnyj akt «Migracija trudovyh resursov v stranah SNG» 1995 g. // Mezhparlamentskaja Assamleja SNG. Baza dokumentov.< This definition is close to the definition of migrant worker established in the article 1 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Adopted by General Assembly resolution 45/158 of 18 December 1990. United Nations, Treaty Series, vol. 2220, p. 3; Doc. A/RES/45/158. These terms are saved in the later CIS Model Acts.
The Recommendation legislative act also establishes the procedure for entry and exit of migrant workers and the corresponding restrictions (art. 5–6, 8), requirements for an employment contract (art. 10), as well as guarantees of the legal status of a migrant worker. The Law enshrines the principles of equality and non-discrimination of migrant workers (art. 9), guarantees migrant workers from the CIS recognition of diplomas, certificates of education, relevant documents on conferring the title, category, qualifications and other required employment documents received in the state, and seniority, including seniority for preferential conditions and in the specialty, to guarantee the protection of migrant workers in case of dismissal through no fault of his reasons, social security, the right to join trade unions, access to education and the right to transfer funds (art. 11–17). Article 21 establishes the state's obligation to prevent illegal labour migration in the form of illegal movements and employment of citizens and foreign citizens who do not have a legal status. Thus, this legal document sets out in general terms the basis for the legal status of migrant workers in the territory of the CIS member states.
Another important legal act in this group of sources is the Model Legislative Act on General Principles of Regulation of Issues Related to Refugees – Citizens of the Former USSR in the Territories of the CIS States (15 June 1998)
Modelnyj zakonodatelnyj akt Ob obshchih principah regulirovanija voprosov, sviazannyh s bezhencami – grazhdanami byvshego SSSR na territirijah gosudarstv Sodruzhestva 15 ijunia 1998 g. Mezhparlamentskaja Assambleja SNG. Baza dokumentov. <
This definition differs from the definition established in the Agreement on Assistance to Refugees and Displaced Persons of 24 September 1993 (with amendments on 10 February 1995)
Soglashenie o pomoshchi bezhencam i vynuzhdennym pereselencam ot 24 sentiabria 1993 g. (s izmenenijami ot 10 fevralia 1995 g.). Baza dannyh pravovoj informacii Uchiot. Zakonodatelstvo. < Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention), art. 33.
Article 2 of the Act establishes persons to whom its rules cannot be applied:
towards whom there are serious grounds to assume that they have committed a crime against peace, a war crime or a crime against humanity, recognized as such by international treaties of the Commonwealth state; who has committed a serious non-political crime outside the territory of a Commonwealth state and before being admitted to the territory of a Commonwealth state as a person applying for refugee status; for which the competent authorities of the state in which it resides recognize the rights and obligations associated with the citizenship of that state.
The provisions of this model legislative act are not applied to:
a foreign citizen and a stateless person who has left the state of their citizenship (their former usual place of residence) for economic reasons, or as a result of famine, epidemic, or natural or technogenic disasters
In fact, the act does not recognize environmental refugees’ movements. a foreign citizen, a citizen of a CIS member state, or a stateless person recognized as migrant workers in accordance with an international agreement and/or national legislation; a citizen of a CIS member state recognized in this state in accordance with an international treaty and/or national legislation as voluntarily resettled or forcibly resettled person.
The list of grounds for refusing to grant a person refugee status has also been expanded (art. 4). These include, among others, the initiation of criminal proceedings for committing a crime on the territory of the CIS state in which it applies for recognition as a refugee. The formulation of the grounds for refusal to be recognized as a refugee, such as ‘the arrival of a person applying for refugee status from a CIS member state in the territory of which he had the opportunity to be recognized as a refugee’, causes questions. In this case, it is possible to ‘shift’ responsibility between the CIS member states, since there is no specification about the grounds and time of such stay (based on this formulation, it could be either a forced temporary or, for example, a voluntary long-term stay).
It is particularly worth noting the consolidation of the main principles relating to refugee status: the principle of family reunification of a person recognized as a refugee, the principle of non-refoulement, as well as the emphasis on the priority of international law in regulating refugee status. In addition, there are important guarantees such as the right to appeal the decision of the competent authority on expulsion to a higher authority or to a court, the right to stay legally in the Commonwealth state until the final decision on its application is made. The inalienable rights of a person recognized as a refugee and their family members include the right to receive translation services and information about the procedure for recognizing a refugee, the rights and obligations of a refugee, etc. In addition, Article 5 sets out a wide range of inalienable rights of the refugee and members of his family – civil, social and economic.
The provision on granting It was one of the positive results of the CIS Conference on Refugees and Migrants process, which was initiated by the UNHCR (
At this stage, legislative acts could be referred to as ‘recommendation legislation’ and in fact they are the result of model lawmaking. As many of the documents adopted in 1990s these acts contains unclear legal norms that do not create any legal obligations for the parties, do not create any control mechanisms
See Voronina N. A.,
The second stage of the development of model legislation in the field of migration covers period 2010–2020 and is associated with the need to unify and harmonize the existing legislation of the CIS member states in the relevant area as well as to modernize definitions of some notions. At this stage, the key role belongs to the Resolution of the IPA of the CIS member states of 27 November 2015, No. 43–5, which includes a package consisting of several model legislative acts, as well as model agreements and recommendations in the field of regulating migration in general, labour migration, information cooperation, as well as migration for education and professional training. The text of the Resolution states the need to ‘search for a new paradigm of migration that combines both issues of human rights protection and national security of States’
Postanovlenie Mezhparlamentskoj Assamblei SNG “Mezhdunarodnaja migracija: problem, sotrudnichestvo, perspektivy razvitija” (2015) 27 nojabria 2015 g. 43–5. [2016] Informacionnyj bulleten MPA 64, chast 1.
The Model Law on Migration
Modelnyj zakon O migracii [2016] Informacionnyj bulleten MPA 2016 64, chast 1.
Article 2 of the Model Law on Migration provides definitions of the main notions related to migration. Migration itself is considered as ‘the movement of individuals from one state to another, as well as within the territory of the state, regardless of the reasons for this movement’. Thus, the Model Law uses a broad approach to the definition of this phenomenon, in which even tourist movements, as well as the transit of a person through the territory of the state, can also be recognized as a form of migration. However, the Model Law defines only certain types of migration: internal migration, immigration, emigration, external labour migration, illegal migration, border migration, seasonal migration, repatriation, and also, as mentioned earlier, describes migration for the purpose of education and family reunification.
In addition, the Law defines the concepts that mean persons engaged in migration movement: migrant; migrant worker, family members, emigrant, refugee; person applying for recognition as a refugee, internally displaced person; foreign citizen; stateless person, temporarily staying on the territory of the state foreign citizen or stateless person; temporarily residing on the territory of the state foreign citizen or stateless person; illegal migrants. Some of these concepts were defined in earlier acts (for example, refugee, migrant worker), while others were defined for the first time.
Thus, a migrant is defined as a person who enters or leaves the territory of a state, as well as moves within the territory of the state, regardless of the reasons for this movement. In my opinion, this definition (as the definition of migration given in the Law under consideration) is too broad, since it does not contain any temporary signs concerning movement.
The definition of the term ‘refugee’ in comparison with the definition given in the Model Legislative Act of 1998 excluded the formulation ‘as well as in connection with an armed or ethnic conflict’. Significant changes were made in the description of ‘forced migrant’: in this Model Act this notion is defined as a person who is forced to leave the place of residence in the territory of one territorial entity, and arrived at the territory of another territorial entity due to committed against him or members of his family of violence or prosecution in other forms when ethnic, religious and regional conflicts, accompanied by mass violations of the rights and freedoms of man and citizen, legality, law and order and public security (art. 2). At the same time, both terms apply not only to citizens of the CIS member states but also to citizens of other States and stateless persons.
The definition of ‘illegal migrants’ was also changed to ‘foreign citizens or persons without citizenship arriving in the territory of the state without permission of the authorized body or get it the illegal way, and arrived at the territory of the state legally, but have not left it until the expiration of the permitted period of stay specified in accordance with the laws of the state’ (art. 2). It should be noted that in the CIS, the approach to defining migrants as illegal has been preserved, despite the declaring of commitment to international norms and rules, as well as the priority of protecting human rights and freedoms, while in recent years it has been customary to use different formulations (undocumented migrant, irregular migrant, migrant with an irregular status).
The Model Law on Migration sets out Also, a clause is made about taking into account the “political and socio-economic interests of the state, its history, traditions, customs and development prospects”. On the one hand, that is natural for national legislation. But, on the other, it can create preconditions for explicit or implicit discrimination based on any signs. This principle is controversial in terms of preventing spontaneous and disorder migration processes outside the state, for instance, in the event of a natural disaster on the territory of another sovereign state.
The next document in the package is the Model Law on Labor Migration
Modelnyj Zakon O trudovoj migracii [2016] Informacionnyj Bulleten MPA 64, chast 1
Another change in the text of the Law is expanding the list of basic civil and social rights of migrant workers and members of their families, employment rights and property rights. The right of migrant workers to receive comprehensive information on the procedure for exercising their rights and freedoms from the competent state bodies free of charge, as well as the conditions of stay and paid employment and the duties provided for by law (art. 7, part 8). Article 23 provides the new employer's obligation to inform migrant workers about the nature of the work to be done and the working hours, remuneration and living conditions, social security and medical services, and the employer's responsibility for non-performance of this duty, including payment of expenses related to the return of the migrant worker and members of his family to the States of departure. The implementation of this rule in the national legislation of the CIS member states could prevent abuse by employers in the countries of employment.
In the development of certain provisions of model legislation in the field of migration, Model Agreements on Informational Interaction in the Field of Migration
Modelnoe soglashenie Ob informacionnom vzaimodejstvii v sfere migracii [2016] Informacionnyj Bulleten 64, chast 1. Modelnoe soglashenie Ob organizovannom nabore grazhdan dla osushchestvlenija vremennoj trudovoj dejatelnosti na territorii SNG. Modelnoe soglashenie Ob informacionnom vzaimodejstvii v sfere migracii, article 4.
The Model Agreement on the Organized Recruitment of Citizens for Temporary Employment in the CIS establishes a framework for legal regulation of the organization of specific activities in the field of labour migration. Organized set is a set of activities organized to attract citizens of the state of one of the parties to temporary employment in the territory of the other contracting country by profession, is included in a special list of professions (specialties, positions) for foreign workers (art. 2). The agreement defines the obligations of the employer that attracts migrant workers in the appropriate form (it is interesting that only a legal entity acts as an employer), and also establishes a list of documents submitted in the state of employment that attracts migrant workers in an organized recruitment procedure.
The first point to be noted concerning this group of documents, are the Recommendations on stimulating the integration of immigrants into host communities, including teaching the state language of the host state, assistance in employment, obtaining general and professional education, and participation in local self-government dated 29 November 2013
Rekomendacii po stimulirovaniju integracii immigrantov v prinimajushchie soobshchestva, v tom chisel cherez obuchenie gosudarstvennomu jazyku prinimajushchego gosudarsva, sodejstvije v trudoustrojstve, poluchenii obshchego I professionalnogo obrazovanija, uchastie v mestnom samoupravlenii: Postanovlenie Mezhparlamentskoj Assamblei SNG ot [29 November 2013] Mezhparlamentskaja Assamleja SNG, 39–20. Baza dokumentov. < Modelnyj zakon O migracii ot [27 November 2015] Informacionnyj bulleten MPA 2016 64, chast 1
Recommendations for the Development of Migration with a Purpose of Studying and Internship
Rekomendacii po razvitiju migracii osushchestvlajemoj s celju obuchenija i stazhirovki grazhdan gosudarstv-uchastnikov SNG ot 27 November 2015. Mezhparlamentskaja Assamleja SNG. Baza dokumentov. <
The CIS migration law can be defined as a set of norms regulating relations in the field of movement of persons in the CIS, labour migration, providing asylum to refugees and internally displaced persons and countering illegal migration. The norms contained in international multilateral agreements establish common areas of cooperation between the CIS member states in the migration sphere and the protection of the rights of CIS citizens. In the first decade of the CIS's formation, basic human rights and freedoms and guarantees for their implementation, including freedom of movement and choice of place of residence, the principle of non-discrimination, and social guarantees for workers, including migrants, were established at the interstate level. The principles of cooperation of the Commonwealth States were defined and definitions of concepts in the field of labour migration, protection of refugees and internally displaced persons, as well as in fighting illegal migration were established.
Despite the ones declared by CIS members’ commitment to the norms and principles of international law, the content of acts and definitions of basic concepts sometimes differ from those established in the acts of international law. At the same time, relevant provisions of the CIS multilateral agreements have, in general, declarative character and are not applied in practice because of the absence of effective control mechanism, for example, judiciary body or a committee with the appropriate authority to accept claims in cases of violations of the norms of these acts.
An attempt to create a legal basis for regional system for protecting refugees and displaced persons within the CIS was made; definitions of refugee, displaced persons and the obligation of the countries on this field were established (these norms differ from the provisions of international law). Theoretically, there are two legal regimes for refugee status that exist in the CIS (for citizens of the CIS member state/persons with permanent residence in the CIS member state and citizens of the third countries), but de facto all the member states apply the norms of the 1951 Convention Related to the Status of Refugees and the 1966 Additional Protocol in this field.
The acts of model legislation in the field of regulating migration within the CIS have a recommendatory character, but they have clearer structure (close to the acts of national legislation), contain more precise definitions of the important concepts that are closer to the commonly accepted international norms and standards, bring the model norms into the system (Model Law on Migration). The common issues on migration regulation are performed in the model acts, as well as specific norms on the status of refugees, displaced persons and international protection, status of migrant workers and members of their families, issues of integration of migrants and academic mobility. The provisions of the model legislation have been revised and they could be used in member states of the CIS for harmonization and unification of their legislation in the field of migration.