DECISION OF COUNCIL OF HEADS OF STATES OF COMMONWEALTH OF INDEPENDENT STATES

of October 16, 2015

About legal support of migratory processes in the Commonwealth of Independent States

Council of heads of states of the Commonwealth of Independent States solved:

1. Approve Information of Inter-parliamentary Assembly of the State Parties of the CIS on legal support of migratory processes in the Commonwealth of Independent States it (is applied).

2. To inter-parliamentary Assembly of the State Parties of the CIS to continue work on harmonization of the national legal system in the migratory sphere taking into account the conventional principles and rules of international law.

Information on legal support of migratory processes in the Commonwealth of Independent States

The migratory perspective occupies one of priority places in the agenda of Inter-parliamentary Assembly of the State Parties of the CIS (further - MPA of the CIS). Among these problems forming and development of the total market of the work which is based on migrations of manpower, and also question of common efforts on counteraction to illegal migration flows have special value.

Development of international cooperation in the migratory sphere, counteraction of illegal migration and to the related negative manifestations, including human trafficking, closely adjoin to task of more effective joint regulation of migratory processes.

Council of heads of states of the CIS in October, 2007 adopts the Declaration on the approved migration policy of the State Parties of the CIS which main objective creation of the single migratory space including free movement of citizens and functioning of the total market of work.

Tasks in the field of migration in the Concept of further development of the Commonwealth of Independent States and the Strategy of economic development of the CIS for the period till 2020 are in this way formulated. According to these documents the priority directions are:

forming of conditions for carrying out the approved migration policy;

regulation of labor migration on the basis of achievement of compliance of amounts, the directions and structure of migration flows to interests of migrants taking into account the legislation of the host state;

forming of the total market of work, creation of legal, economic and organizational conditions for transition to free movement of labor power;

ensuring integration of immigrants into society and forming at citizens of the State Parties of the CIS of respect for the legislation, language and culture of adoptive state;

counteraction of illegal migration.

For the purpose of overcoming spontaneity of labor migration, giving to this process of regulated and transparent nature in the Commonwealth the international legal base regulating basic rights and freedoms of migrants, allowing to interact effectively to competent authorities of the Commonwealth in the migratory sphere is created.

Model lawmaking, being its integral part, it is performed for the purpose of harmonization and rapprochement of the national legal system in the field of migration, development of the approved approaches to regulation of migration flows in the territories of the State Parties of the CIS.

Questions of population shift in the State Parties of the CIS are considered by MPA of the CIS actually from the moment of its basis. The referral legal act "About the Agreed Principles of Regulation of Nationality" adopted on December 29, 1992 became the first Model law MPA of the CIS. The part two of the Charter of the social rights and guarantees of citizens of the independent states accepted by MPA of the CIS on October 29, 1994 is devoted to questions of population shift.

The basic principles of the approved legislative policy in the field of population shift are determined in the referral legal act "Migration of Manpower in the CIS Countries" adopted in 1995.

Thus, MPA of the CIS, having addressed one of the first among bodies of the Commonwealth range of migratory problems, laid the foundation of harmonization and rapprochement of the legislation of the State Parties of the CIS in this direction.

Among the MPAS of the CIS of legal acts accepted by the end of the first decade of existence on this subject it should be noted the Model law "About the General Principles of Regulation of the Questions Connected with Refugees — Citizens of the Being USSR in the Territories of the States of the Commonwealth", the moment, developed in difficult for the Commonwealth, when it was necessary to settle questions of provision of the status of the refugee.

MPA of the CIS actively promoted implementation in the national right of the international legal acts, having accepted recommendations for parliaments of the State Parties of the CIS about accession to the Convention of the UN "About protection of the rights of migrant workers and members of their families", and also on ratification of the whole block of International Labor Organization Conventions (No. 86, 97, 143), governing law of migrant workers.

During this period of MPA of the CIS held series of seminars on the subject "Social and Labor Monitoring in the State Parties of the CIS" at which among others questions of regulation of migratory processes, expansion and enhancement of the legislation in this sphere were discussed.

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