SOCIAL AND LEGAL MECHANISM OF PROTECTION OF RIGHTS AND FREEDOMS OF ENVIRONMENTAL MIGRANTS IN THE RUSSIAN FEDERATION
https://doi.org/10.17803/2311-5998.2019.63.11.098-105
Abstract
The article analyzes the possible directions of creating a legal mechanism to protect the rights and freedoms of environmental migrants in the legislation of the Russian Federation. Analyzing the main legislative act from the point of view of expansion of its sphere of action, including, and on ecological migrants, in article two main directions of its possible processing and improvement are allocated. The simplest solution to the problem of environmental migrants from foreign countries for the Russian Federation and Russian legislation may be to expand the practice of applying article 12 of the law of the Russian Federation "on refugees", which provides for the provision of foreign citizens and stateless persons on humanitarian grounds the status of "temporary asylum in the territory of the Russian Federation". The author shows that the threat to life and health as a result of violation of the constitutional right of a person and a citizen to a favorable environment in the place of his permanent residence or stay can act as a reason for granting a foreign citizen or stateless person such legal status. In order for forced migrants to qualify for temporary asylum in the territory of the Russian Federation, it is necessary to amend paragraph 2 of article 2 Of the law of the Russian Federation "on refugees" in order to remove the limitation of the scope of the normative act. At the same time, in order to protect the rights and freedoms of internally displaced environmental migrants in Russia, relevant changes should be included in the definition of the term "forced migrant" in the Law of the Russian Federation "on forced migrants".
About the Author
V. I. Yevtushenko
Belgorod state national research University
Russian Federation
For citations:
Yevtushenko V.I.
SOCIAL AND LEGAL MECHANISM OF PROTECTION OF RIGHTS AND FREEDOMS OF ENVIRONMENTAL MIGRANTS IN THE RUSSIAN FEDERATION. Courier of Kutafin Moscow State Law University (MSAL)). 2019;(11):98-105.
(In Russ.)
https://doi.org/10.17803/2311-5998.2019.63.11.098-105
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