The legal problems of forced migration: a comparative and legal analysis illustrated by the European Union countries and Russia

Abstract

The study based on the comparative and legal analysis illustrated by the European Union countries and Russia is performed in this article for the first time, Russia has experienced a migration crisis at the close of the 20th century with the collapse of the Soviet Union and has the experience on the settlement of the uncontrolled flow of the refugees, that can be used by the European countries. The purpose of this study is to consider the legal problems of the forced migrants and to propose the possible technologies to regulate the migration processes and to reform the legal framework in the field of migration policy of the countries, experiencing currently the uncontrolled inflow of the refugees. The case-study method was used in this study to develop the models of the different situations, allowing to analyze the legal implications of the forced migration in Europe and to develop the best practical solution in the context of the problem. The comparative analysis method was used to review the practice of the legal regulation of the forced migration in Europe, in the US and in Russia. The study highlights the negative effects of the migration crisis in Europe, including the risk of secession of Europe; the growth of the terrorist threat; the public safety destabilization; the strengthening of the public opposition forces, advocating for the interests of the Europeans, the European identity change. The author's classification of the refugees, which has the theoretical and practical significance, able to assist the application of the basic legal actions, depending on the category of the forced migrants, is proposed. The Russian migration policy experience allows to determine the main trends in the activities of the EU countries to prevent the negative consequences of the uncontrolled migration from the countries of the Middle East: a partnership based on the principle of "positive conditionality" is required, the priority of the national interests, the legislative enshrinement of the minimum compensation payable ...