Legal aspects of labor migration management in the Republic of Belarus

Abstract

In the early 90-ies of the 20 century, after the collapse of the Soviet Union, Belarus had to face the problem of migration management and, in particular, of international labor flows. The development of the Belarusian legislation regulating social relations in the field of labor migration took place against the background of significant social, economic and political changes. Belarus as a sovereign state faced a number of challenges due to a significant intensification of migration; it became both the host country for labor migrants and their country of origin. It should be noted that the Republic of Belarus had no experience in the field of legal regulation of international labor migration. Therefore, the development of the Belarusian legislation in this area took place, on the one hand, in accordance with international law. On the other hand, Belarusian legislation copied many provisions from the regulations of the former Soviet Union, with all their advantages and flaws. In the first half of the 1990s laws were passed, which established the basis of the legal regulation of migration in general and in particular influenced the legislation on labor migration. Most important legislative acts on labor migration have been adopted during the last 20 years. However, current trends in this area of social relations demonstrate insufficient efficacy of the current legislation, as well as the existence of gaps in legal regulations. It is necessary to develop an efficient, transparent and flexible legal instrument for labor migration management, balancing the rights of migrant workers and the economic interests of business entities, on the one hand, and the interests of national security, on the other hand. In addition, it is important to ensure the compliance of the national system for labor migration management with international standards.