Modern Problems of Regulation of Labor Relations with the Participation of Foreign Citizens on the Territory of the Russian Federation

Abstract

The main problem is determined by the inconsistency of the constitutional legal and administrative legal elements of the legal status of foreign workers. Its essence lies in the fact that the constitutional legal aspect of the status of a foreign citizen allows them to be considered as general subjects of labor relations. The legislation is based on the application of the principle of national treatment in the field of labor relations, which is based on the fact that foreign citizens enjoy rights and bear obligations on a par with Russian citizens, they are subject to all general provisions of labor legislation. At the same time, the administrative-legal aspect of the legal status of a foreign citizen establishes their special legal personality within the framework of labor legal relations, limiting legal capacity. This is due to the imperfection of legal norms and the presence of legal gaps in the regulation of the labor activities of foreign workers in Russia, with the result that the legal category "foreign worker" used by Law No. 115-FZ of 25 February 2007 does not fully correspond to the category "worker" determined by labor law. The negative consequences of such a discrepancy can be partially offset by targeted lawmaking.