Shelegina S.M. Some Questions of Realizing by Foreign Citizens of the Constitutional Right to Labor within the Territory of the Russian Federation

DOI: https://doi.org/10.15688/lc.jvolsu.2017.2.11

Sofya M. Shelegina, Specialist of the Department of Human Resources and Migration Policy, Department of Labor and Employment of the Sverdlovsk Region, Furmanova St., 107, 620144 Ekaterinburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article is devoted to studying the restrictions of the realization of the constitutional right of foreign citizens to labor within the territory of the Russian Federation and their grounds. On the basis of the analysis and generalization of the provisions of the current legislation of the Russian Federation concerning foreign citizens, the classification of foreign citizens depending on the nature of the legal relationship they enter into for the purpose of engagement in a labor activity is offered. The grounds and content of limits of realizing by foreign citizens the right to labor depending on age, nationality, the regime of legal stay within the territory of the Russian Federation are determined. The special attention is paid to the stages of the work permit process and the patent granting the right to engagement in a labor activity. In particular, the juridical facts that are the basis for the paperwork process are determined. The conclusion is drawn that in spite of the fact that in the Russian Federation the right to labor is proclaimed free, the legislator, concretizing its content in the current legislation, introduces the limits, the restrictions of its realization towards foreign citizens for the purpose of security of respect for the rights and freedoms of other persons, including the citizens of the Russian Federation, enshrined in the Constitution of the Russian Federation.

Key words: right of foreign citizens to labor, classification of foreign citizens, grounds for limits of realizing the right to work, stages of work permit process and patent, juridical facts.

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