Volume 03 Issue 05-2023
32
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
32-35
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article describes the emergence of international migration, its causes, and the participation of migrants in this
process. Issues and legal aspects of regulation of migration flows around the world (European migration system, USA)
are described. The necessity and directions of regulation of the process of labor migration in the process of
globalization at the world level were highlighted. Also, issues of labor migration were analyzed and opinions were
expressed regarding its improvement.
KEYWORDS
Migration, population migration, internal migration, external migration, International Migration Organization,
emigration, immigrant, money transfers.
INTRODUCTION
Population migration is the movement of people
(migrants) across the border of one or another region,
permanently changing their place of residence or
coming and going for short or long periods or
permanently. The fact that migration exists in all
countries of the world, the flow of migrants is mainly
directed
towards
countries
with
developed
economies, good living and working conditions, and
high wages, the weight of labor migration is increasing,
and at the same time, the level of illegal migration is
increasing; increase in forced labor migration and
others can be shown.
The rapid growth of economic sectors increases the
need for migrants for national labor markets, and the
openness of the labor market of these countries is
observed, their interest in labor migration appears, and
these countries show their interest in expanding it. The
most important feature of the management of
migration processes in foreign countries is the
formation of the national migration policy and the
Research Article
REGULATION OF MIGRATION RELATIONS IN FOREIGN COUNTRIES
Submission Date:
May 21, 2023,
Accepted Date:
May 26, 2023,
Published Date:
May 31, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue05-07
Olim Kh. Narzullaev
Doctor In Law, Professor, Department Of Ecological Law Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 05-2023
33
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
32-35
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
application of legal regimes that reflect the economic
situation in the country.
In economically developed countries, this feature is
manifested in the formation of an effective system of
preventing and combating illegal migration, and it is
observed that a territorial and economically oriented
approach is being implemented. In addition, the issue
of targeting foreign labor and attracting highly
qualified specialists is carried out depending on the
needs of certain sectors of the economy.
Materials and methods. At the beginning of the 21st
century, international migration processes increased in
the regions of the world. Experts divided the
population participating in this process into six groups:
1. Emigrants who left one country for permanent
residence for family and other reasons. 2. Migrant
workers. 3. Illegal immigrants. 4. Fugitives. 5. Students,
intern-researchers, academic staff and professors. 6.
People moving for different purposes - tourists,
vacationers, conference participants, etc. Along with
the integration of the world community, migration
processes have also become global. In particular,
external migration covered various regions and
countries. Because economic, political, social,
environmental and other reasons are behind the
migration processes taking place in every corner of the
world. An important feature of the admission of
foreigners to the territory of the United States is that
the right to live in the country is granted for a certain
period, and after the expiration of this period, the
person must be ready to leave the country. The
peculiarity of the European migration system is
inextricably linked with the order established over the
centuries. The migration policy of the EU countries
reflects the characteristics of its member countries and
is distinguished by specific aspects of determining the
legal regimes of state management in the field of
migration.
Research results. In recent years, the principles of
regulation of international migration processes and
the approach to this issue have been fundamentally
revised. The International Organization for Migration
(IOM) was founded due to the need to provide
migration services at the international level in order to
regulate migration flows around the world. Its tasks
are to help regulate humanitarian and migration
processes, to regulate and humanize migration control
measures, to find practical solutions to migration
issues and to assist in the provision of humanitarian
assistance to migrants in need, including refugees and
migrants, to overcome these problems, ILO advises
governments and migrants and provides services. The
process of migration is related to economic, social and
cultural development as well as the right of free
movement of people.
The grounds for issuing a Schengen visa to a foreign
citizen or stateless person are as follows: 1) the
presence of the necessary documents giving the right
to leave the state territory; 2) material requirements -
availability of living conditions (funds and housing),
receipt of return tickets, availability of travel
documents; 3) law enforcement requirements, lack of
information that may threaten state security,
compliance with law and order in the territory of the
Schengen countries. Administrative-legal regimes of
state management of migration processes in foreign
countries are characterized by a number of features: 1)
formation of national migration policy and application
of certain legal regimes reflecting the economic
situation in the country and their content; 2) the
regional situation of the country and the historical
conditions of the formation of the migration system; 3)
differentiation of migration processes by state
Volume 03 Issue 05-2023
34
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
32-35
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
management regimes depending on the type of
migration flow (the difference between legal regimes
related to the state management of external and
external labor migration of the population, forced
migration and illegal migration); 4) there is a complex
of legal regimes and their specific traditions commonly
used and generally recognized in the practice of a
particular state [1]. The analysis of the laws regulating
the migration processes of foreign countries and the
scientific literature on this topic allows us to classify the
following types of current state migration policy: a)
liberal migration policy - attracting foreign citizens, a
simplified procedure for granting the right of
permanent residence to foreign citizens, freedom of
movement and freedom of movement within the state
territory choice of residence, free and optimal visa
procedure, fight against illegal migration, liberal
approach to migration regulation. This type of
migration policy is currently used by countries
(Australia, Canada, etc.) interested in the globalization
policy taking place in the world; b) "closed doors"
(stagnation) policy - maximum restriction of territorial
movement of citizens both inside and outside the
country. The priority of this policy is to create a
normative legal framework that limits the territorial
movement of the population, which is based on the
ideological views formed in the state[2]. A special
feature of this policy is the practical absence of illegal
(clandestine) migration or a sharp fight against it.
This type of migration policy is typical for economically
developed countries that aim to seriously limit
immigration to their territory (China, North Korea, a
number of countries in the Middle East, etc.); v)
effective migration policy - effective regulation and
implementation of migration processes by the state in
order to solve both economic and social problems in
society.
The main feature of this policy is that the migration of
the population is comprehensively regulated by the
state[4], the basis for the protection of the rights of
migrants is created, the rights of local residents are
prioritized over the rights of migrants, the legal status
of migrants is clearly regulated, and quotas are
allocated for foreign labor migration. , legal and
economic
measures
will
be
developed
and
implemented to eliminate migration conditions on the
territory of the state.
By implementing such a policy, the goals of creating a
balanced mechanism for regulating internal and
external labor migration, effective management of
internal population migration, and prevention of illegal
(hidden) migration are aimed at. Measures can be
taken to strengthen border control and combat illegal
migration, to cooperate with neighboring countries in
providing asylum, and to expand economic
cooperation with countries of origin of migrants.
According to other scholars, one of the important
features of migration regulation is to create favorable
conditions for legal migrants, and for illegal migrants,
to create conditions that lead to their voluntary return
to their countries.
This type of state policy is characteristic of countries
with well-established democratic values, and the
expected results of its implementation are aimed at
strengthening the state's social economic policy and
migration policy. It seems that this type of political
activity best suits the developing social relations and
interests of the state and its people. This policy is
typical for Japan, Germany, France, etc. [5].
Another important aspect that gives an idea of the
state management of migration processes in foreign
countries is the regimes of migration processes
management in the state territory[6]. Differentiation
Volume 03 Issue 05-2023
35
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
32-35
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of management modes of migration processes should
be carried out depending on the type of migration
flow. Because the legal regimes of population
management in the field of internal and external labor
migration differ from each other, they are determined
based on the rates of forced migration, legal and illegal
migration, and hidden migration.
Among the common migration regimes in the
migration processes of almost all foreign countries are
the following - immigration control regime; the regime
of banning or restricting the areas of residence of
foreign citizens (stateless persons), the regime of
deportation applied in order to ensure the interests of
the state and public security in some regions; the
practice of applying the asylum regime and others has
been established. For example, the immigration
control regime in the United States includes the
introduction of quotas (Green cards) for the entry of
foreigners into the state territory, and only a certain
limited part of the persons who participated in this
event (within the quota set separately for each
country) will receive the right to permanent residence
in the United States.
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OLUME 2 | ISSUE 4 | 2021 ISSN: 2181-1385.
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Gulchehra Murodalieva. “Biznes Daily”. Global
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