Development of domestic legislation in the field of external labor migration

Abstract

External labor migration is an open issue today. Many problems are unresolved, some existing acts are not in line with international norms and standards or contain inaccuracies, gaps or conflicts. Therefore, in order to further form quality legislation in this area and contribute to its systematization, we propose to explore the stages of its formation. The purpose of the article is to explore the main stages of development of domestic legislation in the field of external labor migration. The article is devoted to the study of the development of domestic legislation in the field of external labor migration. The temporality of the study covers the time frame from the moment of Ukraine's independence to the present day. The result of the work was the formation of the author's periodization of domestic legislation in the field of external labor migration, which conditionally covers seven periods. It was found that the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" of 1994 enshrined the right of foreigners and stateless persons who exercised the labor function in Ukraine to rest, health care, housing, education, participation in associations of citizens, freedom of conscience, social protection, which provided for the possibility of receiving pensions and other types of social assistance in accordance with the legislation of Ukraine and international treaties of Ukraine, and in case the pension requires a certain length of service, a foreigner and a person without citizenship on the grounds and in the manner prescribed by the legislation of Ukraine and international treaties of Ukraine, work experience abroad could be credited. It is determined that the adoption by the Verkhovna Rada of Ukraine on June 28, 1996 of the Constitution of Ukraine opened a wide field for the constitutional provision of the migration sphere and its legal regulation, created a basis for regulating various external and internal migration processes. That is, it was through the Constitution that it was determined that the provisions on migration processes should be democratic, in line with the recommendations of the Organization for Security and International Cooperation in Europe and other international organizations in this field.