Administrative and legal status of foreign citizens: legal features, legislation. Legal status of foreign citizens in the Russian Federation

The legal status of foreign citizens is fixed by the legislation of the country and the convention of international relations. In civil law, they inherit their legal consolidation at the expense of the main two fundamental methodological ideologies. It is also recognized as a subject with general legal capacity.

Protecting the interests of an alien

In order to protect him, he needs legal regulation by the superior subject of relations. To carry out activities, a person uses subjective rights:

• The right to commit legal acts in the field occupied by the place.
• The right to demand the fulfillment of obligations imposed on other parties to the relationship.
• The right to protection of one’s interests.

As a subject of relations, a foreign person fulfills duties and receives rights within the framework of the foundations of civil relations. This regulation simultaneously restricts the rights and economic freedom of others - the presence of rights to demand the fulfillment of obligations in relation to a legal entity prevents or imposes an obligation on other parties to fulfill this requirement.

To exercise this right, a person must have a special legislative framework separate from the rest of the participants in the relationship. In a modern market economy, such special rights are regulated and established by the Civil Code of the Russian Federation.

Guarantee of the exercise of rights in the territory of a foreign state

Guarantees of the legal status of foreign citizens can be legal norms that are observed by all participants in economic relations. Legal guarantees are considered one of the types of guarantees - this is the recognition and reinforcement of a person’s legal rights and obligations in the Constitution and other legal decrees, acts of the state, which reflects the security of funds for their implementation due to the integrity of law enforcement agencies.

The need for legal guarantees is to facilitate and fulfill obligations. The content of legal guarantees is changing rapidly. It is limited by the target, institutional and functional audience, which decides the direction of action. It also depends on political and social processes, the financial and economic situation in society.

1. Legal guarantees cannot be torn off and opposed to other types of such.
2. The main principles are the construction of a system of interaction between legal entities in the country in which they operate.
3. Efficiency should not be ruled out - a legal entity should receive in full and open form the basis for the realization of its interests provided by law.
4. When assessing them, it takes into account how much the means of achievement and implementation are legitimate in relation to the given system principles of the law. All guarantees issued must also protect the legal entity.

The group of legal statuses of foreign citizens may consist of mechanisms and institutions for the protection of its rights. Submitted later, but this is not enough for state guardianship, as property rights are violated; and a mechanism for protecting government values ​​begins to operate. If economic and socio-moral guarantees are considered a prerequisite for upholding the interests of a person, then legal guarantees are a guarantee mechanism for fulfilling rights and obligations.

The relationship of the commercial and administrative legal status of foreign citizens in the Russian Federation as legal entities

Moreover, they are interconnected, according to Art. 8 of the Constitution of the Russian Federation. This implies freedom in the movement of goods, the implementation of economic activities and the provision of services, as well as the availability of tax-free economic zones. They support competition and economic freedom, citing article 8 of the Constitution. The state shall equally protect private and municipal property.

In the course of using legal guarantees, the following is observed:

1. Certain of them are means for implementing the entire system of law, as stated in the Federal Law No. 62 of 05/31/2002 (as amended on 05/01/2016) "On Citizenship of the Russian Federation".
2. The particularity and publicity of using and translating into reality the inherited guarantees are separate rights in their equality and unity. That is, the legal status of a foreign citizen in the Russian Federation cannot be protected and obtained if the fulfillment of duties is not respected.
3. The implementation of such is not the main goal. The main task is to obtain the effect of using those.

How real is the legal status of foreign citizens, to such an extent they will be satisfied for a legal entity regarding the life cycle of needs in the context of economic growth and activity. Therefore, the state must exhaust all methods of legal protection within the country and at the international level.

The legal basis of a legal entity is acquired along with the implementation of the following actions:

• Opening and fixing a legal entity.
• Obtaining permission to conduct various types of economic activities to obtain financial turnover.
• The formation of a separate entity, as a management body.
• Maintaining and presenting financial statements.
• The implementation of accounting activities.
• Filling in documents on statistical reporting.

The list of guarantees to ensure the administrative-legal status of foreign citizens also includes measures of an administrative-legal nature, such as the impossibility of refusing to fix a person, protecting property from seizure, and a ban on conducting a monopoly in the economic sphere. Each of the legal entities can use such powers regardless of the type of organizational status (state, municipal, private, public and mixed ownership). For example, a private university must obtain a license to carry out its activities - this will be a legal guarantee for an organization operating in the field of education.

Legal mechanisms in force for foreign citizens as legal entities in the territory of the Russian Federation (foreign country)

In order to exercise legal right when obtaining guarantees, you need to make sure that the state has a function and a legal framework for it. No one can impose a ban on registration of an enterprise, but it is punishable to exist in a monopoly. Also consider the management structure of the organization of a particular type of management. Particular attention is paid to the statuses of participants with whom they will have to build equal relations of rights.

These legal mechanisms are considered guarantees that ensure the legal status of the rights of foreign citizens in the Russian Federation. Accordingly, the administrative-legal status of a legal entity reflects not only its position in the system, but also captures managerial relations between similar entities:

1. The concept of “legal status” is used in literature and legislation, however, in legal science it is interpreted as an ambiguous concept of the totality of legal rights.
2. Separately, guarantees of international level and regional impact are highlighted. The legislative acts of the Russian Federation say that public ideologies rely on modulation and regulation mechanisms. Therefore, public ideologies are universally recognized motives and norms of international law and international treaties of the Russian Federation, which is an integral part of its legal system.
3. If the Russian Federation provides for other rights, the rules of the international treaty in accordance with Part 4 of Art. 15, which may be considered incorrect. After all, they do not give and do not impose obligations, since they are related to the norms of “foreign citizen behavior” introduced by the United Nations, the Universal Declaration of the Rights of a Non-Resident of the country and the UN Charter.

In a fundamental sense, the rights and guarantees of a foreign citizen on the territory of the Russian Federation are the teachings enshrined in the Covenant on Civil and Economic Rights. A mechanism has also been developed to protect enterprises within the UN that belong to citizens of other countries. It is composed of numerous systems that operate in accordance with UN regulations and meet the requirements introduced by the General Assembly, the Security Council and the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.

Levels of protection: law on the legal status of foreign citizens

Additionally distinguish between constitutional, arbitration and general courts. Extrajudicial protection applies to protect the legal rights of foreign legal entities.

To protect the legal status of foreign citizens in the Russian Federation, some forms are also used in conflict resolution. Justice can provide maximum protection, but the interests of individual participants in the relationship may be violated. Publicity, oralness and competition are legal aspects of each legal status of legal entities. The level of judicial protection is legal for state categories of people and democratic communities.

Forms of protection of foreign persons in the territory of the Russian Federation

The most optimal and preferred option for separation is the judicial and non-judicial branches. The judicial form of protection is adapted to this type of provision, and is applied in cases where a person refuses to fulfill the obligation stipulated by the state of the country in which he is competent in his actions.

Therefore, justice in the form of civil and criminal proceedings is considered as the highest legal guarantee for the implementation of the legal status of foreigners in the Russian Federation. In court, a strategy is developed much faster and more transparently that puts pressure within the framework of the law on a person evading the fulfillment of his obligations.

1. Since any actions may be appealed, decisions must also flow from the legality of the acts.
2. Self-government bodies also have the right to defense in court, like any natural person.
3. And to protect the legal status of a foreign citizen in Russia, it is prescribed in the Constitution of the Russian Federation.
4. In this case, the organization may appeal the laws, acts of the Government of the Russian Federation, the action or inaction of bodies and officials.
5. The court only checks and develops a monitoring system for the fulfillment of obligations and the ability to use the law in the framework of the current law. If the law does not apply, adjustments are made.

Mr Pleten believes:

The right to receive and provide legal assistance in the form of protection of rights and the implementation of guarantees in relation to legal entities in the Russian Federation should be exercised by a guaranteed and competent specialist, who is the Government or authorized bodies. Thus, procedural and procedural standards should be provided by the Government, and control over their implementation is exercised by the authorities. But the right to receive assistance only means the right that is reflected in the Constitution of the Russian Federation, which states that qualified assistance complies with obligations under the law of phased distribution of powers.

It turns out that a legal or physical foreign person must fulfill a number of obligations not previously agreed upon, after which only the trial will begin to consider a “worthy” person in order to obtain reliable protection of rights.

Regulation of conflicts between a foreign citizen and a resident of the Russian Federation

The existing concept of “legal regulation” can be considered as the main feature of the functioning of justice in relation to legal entities. But no one cancels a legal error. There is a theory of law, where the reality of the essence of the legal system expresses the dynamics of the whole assessment of the work of organizations. Therefore, it makes sense to highlight such a niche as legal impact. Consequently, specific regulation will be carried out in the interests of the law, without violating the legal status of foreign citizens and refugees, internally displaced persons.

1. Prevents the development of permissible measures the choice of law-making entities. As you know, each person has the right to choose a taxation system, a system of levying income taxes, establish a minimum and maximum for official duties.
2. However, laws that prevent people from accepting and using their legal status of foreign citizens on the territory of the Russian Federation come into force here.
3. Legal guarantees may be violated or canceled. If there are obstacles to their implementation, then why are they designed so that they cannot be implemented and observed?

Many agree with the opinion of V.O. Panchenko, who said:

If theories of legal guarantees for the implementation of the legal status of enterprises are not supported by applied research ..., then the problems will remain not only in the theoretical aspect, but also in the course of the work of the subjects, that is, in practice.

And “unhindered implementation” is considered a stable phrase that simply exists in legal science, but not in practice, as well as ideal economic conditions. This is not found in the nature of financial relations.

Other legal scholars began to notice that the conditions for creating guarantees of a legal entity practically did not exist, but introduced into the terminology such a concept as “anti-stimulus”, which determined the essence of the problems of that area. B.I. Nikitin says:

The interests of people can be influenced by a variety of subjective and objective factors that change their direction of thought, behavior, etc. And if this affects the implementation of legal norms, then an indirect anti-stimulus will become direct - it affects in direct proportion a number of conditions that it is impossible to enter or carry out due to the subsequent onset of the main anti-stimulus.

Lukyanova and Woodok, as well as D. Francis, believed that such incentives, contrary to the meaning of legal status, could negatively affect the entire economy, since all entities are legal in nature.

Economic niche and anti-development platform

In the economy, it is reflected on the legal basis of the status of foreign citizens - to have their own capital, to enter into reorganization moments and not only. But what if the property and economic rights of an alien are infringed? Then the economic side of the subject will be limited, which will lead to a loss of economic and financial benefits. This is reflected in the factor of foreign economic impact.

Following from this, it can be noted that the legal status of foreign citizens in the Russian Federation alone can encourage the resumption of activities and continued functioning within the framework of legislation in the Russian Federation. The parties of one direction cannot be unconnected, because legal guarantees are needed in the economy, and the realization of the legal status of legal entities is associated only with the jurisdiction of an authorized person. Having no basis for creating an enterprise, there is no need to implement the prescribed guarantees of a legal nature.

The main aspects of drawing up legal guarantees of foreign citizens

2014 . 2017 , , , «» . , , 94,9% , , .

, . « », .

:

.

, 59- 02.04.2014 , , , . 3 . , .

, .

, - , - , . , :

• For a legal entity, its legal guarantees for the implementation of its status can be obtained after the registration of the enterprise.
• But on the basis of laws, registration can be canceled, challenged and liquidated, but not by a higher authority, as a representative of guarantees, but by the enterprise itself, as the moment of expression of self-government activity.

Guided by this Code of the Russian Federation, in conclusion, it can be said that article 50 of the Civil Code of the Russian Federation is the guarantor for the submission and obtaining of legally valid legal norms of status understanding, and for the separate use of legal norms by foreign persons is Federal Law dated 23.05.2015 No. 133- “On amending part one of the Civil Code of the Russian Federation. ”

Subsequently, the amendments introduced by the bill dated July 29, 2017 No. 217-FZ will be introduced. In order for a person to have the opportunity to exercise his constitutional legal status as a foreign citizen, it is necessary to take into account the prescribed laws for the submission of those, which, in turn, must provide a guaranteed niche and the ground where these guarantees can be implemented. These include: a hierarchical system of state power could at each level of impact regulate that “section of gaps” that would prevent a legal entity from realizing its guarantees with respect to legal norms of functioning.