LEGAL CONVERGENCE IN THE CONTEXT OF MIGRATION PROCESSES REGULATION IN RUSSIA: STATEMENT OF THE PROBLEM
Journal: Advances in Law Studies (Vol.7, No. 2)Publication Date: 2019-06-25
Authors : Varvara Bogdan; Margarita Urda;
Page : 16-20
Keywords : convergence; public interest; migration; balance of interests; private law;
Abstract
In this paper, the authors considers the problem of legal convergence on the example of migration processes, covering a wide range of social relations and affect national, public, public interests of the state. The purpose of the study to perform legal convergence in the context of regulation of migration processes in Russia, the main objectives of the study: to establish methodological approaches to the cognition of legal convergence; to show the mechanism of legal convergence; to define the essence of legal divergence; to identify methods of implementation of legal convergence; to reveal the peculiarities of the legal convergence of the elements of the system of law in the regulation of migration processes. In this study, the following methods were used: methods of collection and study of single facts; methods of compilation; methods of scientific abstraction; the methods of cognition of regularities. At the stage of collecting and studying of the isolated facts were used the methods of legal interpretation, which has revealed the content of legal norms, the will of the legislator, which is reflected in legal acts; concrete-sociological methods (observation, analysis of written sources, questionnaires, interviews); socio-psychological methods - tests of the scale, as a kind of specific sociological methods, modified for the study of legal psychology and legal consciousness of citizens, based on their lawful or unlawful conduct. On the basis of the study concluded that, establishing a special legal status of foreign citizens, the legislator reflects public interests and the interests of individuals (including foreign citizens). A measure of the convergence of natural rights and their legislative display are the national interests of balanced interests of individuals, society and the state in various spheres of life.
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