Concerning some issues of theory and application of laws in the sphere of illegal labor of migrants

Illegal migration and illegal employment of migrants are a major threat to national security, since they lay the ground for the shadow economy growth, contributes to the spread of corruption and aggravation of social tension. The executive authority, providing the federal state control in the field of migration, is the Federal Migration Service (FMS) of Russia. The administrative procedures the FMS bodies are charged to implement in order to identify violations in the field of labor migration involve inspections, the object of which may be individuals or legal entities, individual entrepreneurs, customers of works (services), transport, places of residence of foreign citizens. The two basic procedures - decision of inspection and issuing of a respective order - account for the majority of violations. Among the reasons for organization of the inspection the law considers the availability of an approved scheduled plan of operation for a FMS division; a time-framed plan of inspections approved by the FMS divisions together with concerned federal executive bodies of the Russian Federation; reasons for off-schedule inspections; reasons for document inspection. Only the head of the territorial FMS body (or his deputy) have a power to decree an inspection order, but not the heads of the FMS departments. The authors emphasize the fact that the detection of offences in the sphere of labor migration is illegal in case the information or proofs applied by the officials were obtained with infringement of the federal law (for example, execution of migration control activities without legal foundation).