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THE CONCLUSION

The carried out dissertational research of an administrative liability of infringement of the legislation on labour migration allows to draw a conclusion, that the given kind of responsibility possesses a number of features.

By detailed consideration of structures of offences in the given sphere it is possible to notice, that for the last years they have strongly changed and reflect realities of a migratory policy. At the same time practice has allowed to understand, that occurrence of last rules in sphere of labour migration gives potential for fastening of new administrative violations in KoAP the Russian Federation for protection of public relations in sphere of labour migration.

In dissertational research tasks in view are solved:

• the concept of an administrative liability of infringement of the legislation on labour migration is formulated, features of its maintenance and the bases are revealed;

• the characteristic is given main principles of an administrative liability of infringement of the legislation on labour migration;

• the system of the basic standard legal acts of the Russian Federation on the given theme is characterised;

• the norms defining administratively-legal status foreign labour migrant are considered and ways of their perfection are offered;

• the system of the norms establishing administrative responsibility for infringements of the legislation on labour migration is generated;

• the order of realisation of an administrative liability of infringement of the legislation on labour migration is investigated and measures on its perfection are offered;

• the problems of administrative responsibility arising at realisation of control and supervising functions by enforcement authorities in sphere of migration and vessels are revealed, variants of the decision of the given problems are developed;

• practice of work of the bodies, considering cases about administrative violations in the field of the legislation on labour migration is generalised, offers on perfection of their activity are developed;

• recommendations about perfection KoAP the Russian Federation and the experts of its application answering to realities of the legislation on labour migration are formulated.

The decision specified above problems has allowed to draw following conclusions:

1. Such concepts, as «labour migration», «administrative violation in the field of the legislation on labour migration» are formulated; features of signs of administrative violation in the field of the legislation on labour migration are defined; author's classification by kinds of administrative violations in the field of the legislation on labour migration is presented.

2. From the practical point of view offers on modification and additions in the legislation are formulated:

About an exception of positions ch. 2 items 18.10, ch. 4 items 18.15, ch. 3 items 18.16 KoAP the Russian Federation about an establishment of penalties on the administrative violations made in cities of federal value to Moscow or St.-Petersburg or in the Moscow or Leningrad areas;

About an establishment of the uniform sample of conducting the register of sellers and the register of contracts on granting of a trading place in the retail markets in all territory of the Russian Federation;

The thesis about necessity to create the multipurpose centres in territory of all subjects of the Russian Federation is formulated;

Necessity to establish in KoAP the Russian Federation administrative responsibility for the organisations rendering services in employment, for the non-notification within three days from the date of employment of the foreign subject of territorial body of federal enforcement authority in migration sphere is proved;

The establishment of administrative responsibility for employers for duty infringement under the reimbursement of the Russian Federations connected with administrative exclusion for limits of the Russian Federation or deportation of foreign subjects involved with them is proved;

The offer on inclusion of responsibility for non-presentation in territorial enforcement authority in sphere of migration of a copy of the employment contract or the civil-law contract on performance of works (rendering of services) within two months from the date of granting a patent for foreign subjects;

The offer to establish uniform terms for work permit and patent prolongation - not later than 15 working days before the termination of period of validity of the corresponding document.

As to allowing documents for work for foreign subjects it is necessary to include at federal level in the patent of data on a trade of labour migrants and to establish a liability of infringement of the given requirement at realisation of labour activity both for workers, and for employers.

3. Following the results of consideration of administrative violations in the field of the legislation on labour migration it is offered to rename chapter 18 KoAP the Russian Federation: «Administrative violations in the field of protection G osudarstvennoj borders of the Russian Federation and infringement of the legislation on migration». The given chapter will include operating administrative violations of chapter 18 KoAP the Russian Federation, and also will be expanded by the following structures of offences providing administrative responsibility:

- For realisation by the foreign subject of labour activity not by a trade specified in the work permit or the patent, and attraction by the employer (the customer of services) the foreign subject not by a trade specified in the work permit or the patent;

- For the non-notification the organisation rendering services in employment, within three days from the date of employment of the foreign subject of territorial body of federal body execute - telnoj the authorities in migration sphere;

- For non-presentation by the foreign worker in territorial enforcement authority in sphere of migration of a copy of the employment contract or the civil-law contract on performance of works (rendering of services) within two months from the date of granting a patent for the foreign subjects who are carrying out labour activity at employers if the given duty is provided by the Federal act «About a legal status of foreign subjects in the Russian Federation»;

- For infringement by the employer of a duty under the reimbursement of the Russian Federations connected with administrative exclusion for limits of the Russian Federation or deportation of the foreign subject involved with it;

- For infringement by the foreign subject or the stateless person which carry out labour activity out of limits of the subject of the Russian Federation in which territory the work permit or the patent is given out it, according to the list of posts established at federal level, terms of realisation of labour activity out of limits of the specified subject of the Russian Federation;

- For attraction by the employer of the foreign subject or the stateless person which carry out labour activity out of the subject of the Russian Federation in which territory the work permit or the patent is given out it, according to the list of posts established at federal level with infringement of terms of realisation of labour activity out of limits of the specified subject of the Russian Federation.

Results of the carried out dissertational research have both theoretical, and practical value for an administrative law science. The problems revealed by the author and the positions which are taken out on protection, allow to deepen theoretical knowledge in the field of an administrative liability of infringement of the legislation on labour migration. These conclusions can be used at perfection of the legislation and at the further studying of the given theme.

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A source: Ryzhkova Alina Nikolaevna. the ADMINISTRATIVE LIABILITY OF INFRINGEMENT of the LEGISLATION On LABOUR MIGRATION. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2015. 2015

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