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Authors : 1. Marina Ed. Kandel,
Leading legal consultant
“International Trade Center” Open Corporation, Moscow, Russia
Implementation of the right for profitable activity on the territory of any other third party, expressed in the norms of European social charter and in the EU and RF laws
Objective: to analyze individual aspects of the process of realization of the right for profitable activity in the territory of any other party, expressed in Art. 18 of the European Social Charter, in EU law and in the Russian Federation law, with the aim of Russia's taking obligations under item 1, 3 of Art. 18 of the Charter, and, in particular, to carry out a comparative study of the constituency of the current Russian Federation legislation with the requirements of individual or collective “liberation” of the legislation on foreign labor (item 1, 3 of Art. 18 of the Charter).
Methods: comparative-legal method of research.
Results: The key trends, similarities and differences of the sources of international regional law of the Council of Europe and the European Union are identified. The detailed analysis of the Russian Federation legislation is carried out on the compliance with the principles of legislation liberalization on the employment of foreign workers (item 1, 3 of Art. 18 of the Charter) as well as the existing state limitations on Russia's taking obligations under item 1, 3 of Art. 18 of the Charter, by adopting the law on foreigners’ access to employment on this territory.
Scientific novelty: The article for the first time presents a deep comparative-legal analysis of the provisions of item 1, 3 of Art. 18 of the Charter, acts of the Council of Europe and the EU about the individual aspects of the right for profitable activity in the territory of any other party, as well as the Russian Federation domestic legislation on the compliance with the provisions of item 1, 3 of Art. 18 of the Charter for the adoption of such obligations by the Russian Federation.
Practical value: The conclusions on the implementation of certain aspects of the right for profitable activity in the territory of any other party, expressed in Art. 18 of the Charter and other acts of the Council of Europe and EU law, as well as the established similarities, differences and inconsistencies of the Russian Federation domestic legislation with item 1, 3 of Art. 18 of the Charter can be used in law-making and law-enforcement practice to eliminate the revealed inconsistencies (to providing guarantees for migrant workers), to observe the principles of equality and non-discrimination in employment.
Keywords :
right or profitable activity; employment of foreign workers; equality of migrant workers; migrant worker; limitation of access to employment; limiting the free movement; liberal legislation; quotas for foreign labour; principle of priority in employment
Bibliography :
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