ISSN 0798 1015

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Vol. 39 (Number 18) Year 2018 • Page 35

The inter-branch concept of protecting the rights and legitimate interests of the citizens of Mongolia in the territory of the Russian Federation and the citizens of Russia in the territory of Mongolia

El concepto interprofesional de proteger derechos e intereses legítimos de ciudadanos de Mongolia en el territorio de la Federación de Rusia y ciudadanos de Rusia en el territorio de Mongolia

Yury Petrovich GARMAEV 1; Yury Vladimirovich KHARMAEV 2; Lydia Petrovna CHUMAKOVA 3

Received:16/01/2018 • Approved: 28/02/2018


Content

1. Introduction

2. Methodology

3. Results

4. Discussion

5. Conclusion

Acknowledgments

References


ABSTRACT:

The article presents and analyses the project of an international team of scientists (Russia-Mongolia) on creating an inter-branch concept of protecting the rights and legitimate interests of Mongolian citizens in the territory of the Russian Federation and citizens of Russia in the territory of Mongolia. Despite the centuries-old good-neighbourly relations between the two countries, the availability of appropriate legislation and active efforts of the state bodies in this sphere, in the Russian Federation the system of protective measures is not yet fine-tuned as far as necessary, including measures of spreading the legal information, legal awareness and legal help to foreign citizens. The statistical data and the results of the respondents' questionnaires have confirmed the importance and significance of the scientific problem of creating the inter-branch scientific concept and most importantly, the application tools for its implementation. The main essence of the concept is to develop the methods to create the legal education tools, publishing of a collective monograph, as well as booklets in several languages, explaining the real and significant issues of administrative, migration, crime, the criminal procedural and other legislation to the residents of both countries. The authors believe the proposed concept will allow developing the scientific existing ideas as well as promote new, diversified studies (civil, corporate, investment law, etc.) for protecting the rights of migrating citizens.
Keywords: legal education, spread of legal information, legal help, Mongolia and Russia, international cooperation, migration legislation, protection of the citizens’ rights.

RESUMEN:

El artículo presenta y analiza el proyecto de un equipo internacional de científicos (Rusia-Mongolia) sobre la creación de un concepto interprofesional para proteger los derechos e intereses legítimos de los ciudadanos mongoles en el territorio de la Federación Rusa y los ciudadanos de Rusia en el territorio de Mongolia. A pesar de las relaciones de buena vecindad de hace siglos entre los dos países, la disponibilidad de legislación adecuada y los esfuerzos activos de los organismos estatales en este ámbito, en la Federación de Rusia el sistema de medidas de protección aún no se ha ajustado en la medida de lo necesario, incluyendo medidas de divulgación de información legal, conciencia legal y ayuda legal a ciudadanos extranjeros. Los datos estadísticos y los resultados de los cuestionarios de los encuestados han confirmado la importancia y la importancia del problema científico de crear el concepto científico entre sucursales y, lo que es más importante, las herramientas de aplicación para su implementación. La esencia principal del concepto es desarrollar los métodos para crear las herramientas de educación legal, publicar una monografía colectiva, así como folletos en varios idiomas, explicando los problemas reales y significativos de la administración, la migración, la delincuencia, el procedimiento penal y otros legislación a los residentes de ambos países. Los autores creen que el concepto propuesto permitirá desarrollar las ideas científicas existentes, así como promover nuevos estudios diversificados (civiles, corporativos, leyes de inversión, etc.) para proteger los derechos de los ciudadanos migrantes.
Palabras clave: educación legal, difusión de información legal, ayuda legal, Mongolia y Rusia, cooperación internacional, legislación migratoria, protección de los derechos de los ciudadanos.

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1. Introduction

In Russia and Mongolia, the Constitution and other laws guarantee the rights of foreign citizens. In both friendly states, the fundamental principle is that foreign citizens have the same rights and bear the same responsibilities as citizens of their own state, except for the cases stipulated by national legislation (Minikes, 2009).

At the same time, the leaders of Russia and Mongolia in their public addresses have repeatedly pointed out that, given the long history of friendship, cooperation and mutual complementarity of nations (Borisova, 2010) both countries must work towards creating a positive image in the eyes of visiting citizens. Special attention must be paid to provision of legal guarantees to protect the rights of a foreign citizen temporarily staying in the territory of a neighbouring country.

However, the realities of life do not yet fully comply with the constitutional principles. For example, the migration situation in Russia and in Mongolia is estimated as quite challenging. Particularly acute is the problem of illegal migration, which, as the President of the Russian Federation believes, is one of the main, strategic risks and threats to a national security in the economic sphere today (Executive Order of the President of the Russian Federation on May 12, 2009, #537 “On the Strategy of National Security of the Russian Federation until 2020”).

The results of generalisation and analysis of statistical data, law enforcement practice and questioning of various categories of respondents (see below) do allow to draw preliminary conclusions that the system of legal propaganda and legal help for foreigners, including citizens of Mongolia, is still not well-established in the Russian Federation. There is still a shortage of translators who would know the legal terminology in two languages and attorneys (other lawyers) capable of speaking both Russian and Mongolian languages. The above-said emphasizes the urgency of the scientific problem of creating an inter-branch concept of protecting the rights and legitimate interests of Mongolian citizens in the territory of the Russian Federation and citizens of Russia in Mongolia. The project has already been commenced, although not all the results received yet.

2. Methodology

In the framework of this study, a comprehensive, inter-branch methodological approach is used to analyse the scientific and applied problems of protecting the rights and legitimate interests of Mongolian citizens in the territory of the Russian Federation and the citizens of Russia in Mongolia as well as to the wording of appropriate proposals. In addition to the inter-branch approach, one of the methodological principles of this study is the rule of objectivity allowing for a comprehensive consideration of all the factors and conditions influencing the origination and development of legal relations related to the stay of foreign citizens in the territory of friendly countries. This principle gives an opportunity to find and check all possible solutions to the problems of protecting the rights and legitimate interests of Mongolian citizens in the territory of the Russian Federation and Russian citizens in Mongolia. Under the scope of the research, the general scientific methods (dialectics, analysis, synthesis, abstraction, and specification), as well as the specific-scientific research methods (formal legal, comparative legal, technical and legal) were used. In order to identify the needs of the public and the practitioners (law enforcement specialists) on the issues of legal education, about the guarantees for protection of rights and legitimate interests of foreign residents, we used the following methods for legal training of foreign citizens in Russia and Mongolia: method of expert assessments, polling and questionnaires.

3. Results

First of all, the study covered the problems of migration. It is worth noting that at the present stage, the departmental normative-legal acts of the law enforcement bodies of Russia rightfully devote the special attention to the problem of infringement of law and crimes in the sphere of migration, among other priority directions of counteracting the criminality, such as the war on corruption and organized crime, the fight against the terror attacks, extremism and separatism.

Since Mongolia is neighbouring Russia and its history and culture closely intertwined with the history and culture of such regions as the Republic of Buryatia, the Irkutsk Region, the Republic of Tyva and the Transbaikal Region of the Russian Federation, therefore it is always interesting to note the changes happening there. Due to cancellation of the visa regime with Mongolia in 2014 (agreement between the Government of the Russian Federation and the Government of Mongolia about conditions of mutual trips of citizens of the Russian Federation and citizens of Mongolia, 2014; Provision of public order and counteraction to criminality, 2014), there has been a significant increase in the number of citizens crossing the border in both directions, from the side of Mongolia as well as from Russia. The data of the General Administration of Migration Issues of the Ministry of Internal Affairs of Russia in the Republic of Buryatia prove that in 2016 and 2017 the passenger traffic of citizens of both states has almost doubled. For example, within 6 months of 2016, at the international border checkpoint “Naushki Station”, the international automobile checkpoint “Kyakhta”, the two-way automobile checkpoint “Mondy”, the airport of Ulan-Ude in both directions, 452,957 citizens of Mongolia crossed the State Border of the Russian Federation and the Republic of Mongolia (for 6 months of 2015 – 350,106, for 12 months of 2015 – 798,986, for 12 months of 2014 – 370,793) (Gantulga and Kharmaev, 2016). Namely:

– At the entrance to the Russian Federation, 226,429 citizens of Mongolia (for the 6 months of 2015 – 177,408, for the 12 months of 2015 – 403,799 for the 12 months of 2014 – 186,038);

– On the way out of the Russian Federation, 226,528 citizens of Mongolia (for 6 months of 2015 – 172,698); for the 12 months of 2015 395,187 (for the 12 months of 2014 – 184,755) (Figure 1).

Figure 1
Passenger traffic across the state border between Russia and Mongolia

It is an interesting fact that for 6 months of 2016, 198 citizens of Mongolia were held administratively liable for violation of migration legislation by the Code of Administrative Offenses of the Russian Federation (for 6 months of 2015 – 211, for 12 months of 2015 – 399 persons, for 12 months of 2014 – 471). The courts of the Republic of Buryatia in the period of 6 months of 2016 delivered 25 decisions on the expulsion of citizens of Mongolia outside the Russian Federation (for 6 months of 2015 – 47, 12 months in 2015 – 64 and for 12 months in 2014 – 122).

The General Administration on Migration Issues of the Ministry of Internal Affairs of Russia in the Republic of Buryatia, within 6 months of 2016, seventeen decisions were taken on non-permission to enter the territory of the Russian Federation for Mongolian citizens (for 6 months 2015 – 18; for 12 months of 2015 – 50, for 12 months of 2014 – 46) by Articles 26 and 27 of the Federal Law #114-FZ of August 15, 1996 “On the procedure for exit from the Russian Federation and entry into the Russian Federation” (Figure 2).

Figure 2
Data on citizens of Mongolia brought to administrative liability/
the decisions on expulsion and non-admission to entry

It is obvious that the data do not show the widespread occurrence of the corresponding violations of laws of Russia. Nevertheless, the language barriers between people, lack of knowledge of Russian and Mongolian administrative, migration, criminal and criminal-procedural laws, socio-cultural differences, lead to a number of negative, legal consequences, including:

– The inability of citizens of Mongolia to fully protect their legitimate rights in Russia and vice versa: Russian citizens cannot always protect their rights in Mongolia;

– The prevalence of deliberate and reckless offences committed by foreign citizens (migration, other administrative or criminal legislation, etc.), the commission of crimes by them and against them in the territory of a neighbouring state;

– Numerous facts of authority misuse, excess of power, other offences against foreign citizens by some officials of various state bodies in Russia and Mongolia (customs authorities, police, etc.).

Meanwhile, the conclusion of above-mentioned Agreement between the Government of the Russian Federation and the Government of Mongolia dated September 3, 2014, on visa-free travel, has enabled the citizens of Mongolia and Russia to enter, leave, transit and stay in the territory of neighbouring countries for 30 days continuously. Naturally, such an agreement triggered a sharp increase in the number of citizens of both states crossing the state border in both directions, as well as a powerful impulse for the development of foreign economic activity. For example, the number of citizens of Mongolia wishing to cross the state border in both directions (as the data above show) has doubled down. For tourists, the opportunity to solve their economic problems (buying of “wholesale” foodstuffs, manufactured goods, clothing, etc.) looks especially attractive due to the favourable rate of the Mongolian national currency – Tugrik, and the Russian rouble. In summer, the citizens of a neighbouring state are drawn by possibility of visiting Lake Baikal and other places of mass recreation.

Paradoxically, the data (Figure 1) clearly show that despite the doubled flow of the citizens of Mongolia crossing the state border of the Russian Federation, the number of persons brought to administrative liability is not getting higher. On the contrary, in 2015 there were less than 70 people. Among other things, this speaks of a reasonably high level of legal awareness of the citizens of a neighbouring state.

The same trend is noted concerning the expulsion of Mongolian citizens from the Russian Federation and the cases when the courts of the Republic of Buryatia denied entry to the Russian Federation (Figure 2). The number of crimes committed by citizens of Mongolia under articles of the Criminal Code of the Russian Federation regulating the migration relations (hereinafter referred to as the RF Criminal Code) remains stable (Figure 3). Despite the relatively favourable statistical situation regarding the migration of Mongolian citizens to the territory of the Russian Federation, one can note the latent character of the deviations the foreigners had to face.

Figure 3
Data on the citizens of Mongolia indicted for criminal offense

Thus, for the illegal crossing of the state border of the Russian Federation (Article 322 of RF Criminal Code) for the period of 6 months, 2016, two criminal files were sent to subject-matter jurisdiction for indictments against citizens of Mongolia (for 6 months of 2015, two criminal cases initiated, for 12 months of 2015 – two, for 12 months of 2014 – one).

In order to improve the effectiveness of control over the compliance with the requirements of the legislation of the Russian Federation by foreign citizens and stateless persons as well as the prevention of illegal migration, the measures are taken to prevent forgery or illegal use of identity documents, and the special attention is paid to combating forgery of documents, seals, and stamps (Article 327 of RF Criminal Code and others). During six months of 2016, the materials for initiation of criminal cases under Article 327 of the RF Criminal Code were dispatched against two citizens of Mongolia (in 12 months of 2014 – one criminal case was opened under Article 327 of the RF Criminal Code) (Figure 3).

It is important to draw attention to the problem highlighted by the Vice-Consul of Mongolia in the Republic of Buryatia during the “roundtable”, which was devoted, among other things, to migration issues. He pointed out the growing number of complaints of Mongolian citizens to their Consulate about too much attention the Russian police officers pay to insignificant acts that could be resolved on the spot using preventive measures.

It is important to note that unlike residents of Central Asia and China, the citizens of Mongolia arrive in the territory of the Russian Federation not for labour migration mostly. Therefore, the period of stay in Russia, for the overwhelming majority of Mongolian guests is no longer than 30 days. As the questioning of 254 Mongolian citizens temporarily arriving in Russia (the Republic of Buryatia) revealed, the main purposes of coming to Russia are the following: study – 15%, work – 19%, marriage – 46%, tourism – 7%. By occupation, these are mostly the employees (workers) – 23%, entrepreneurs (businessmen) – 38%, students – 11%.

In 2014 only 471 citizens of Mongolia broke the established regime of the stay, but in the first half of 2015, this figure was 211 people. Mainly, those were the various violations of the norms of administrative legislation of Russia. The analysis of the causes and conditions of the offences revealed that most of them relate to the lack of knowledge of the Russian legislation.

The statistics show the above-mentioned significant trends in migration policy relate to a number of factors (Vashchuk and Shishkina, 2015), including frequent changes in migration legislation, the dynamic character of the flow of newcomers, high latency of administrative offences in specified sphere, dependence of their detection and suppression on the quality of law enforcement bodies’ activities, etc. At the same time it is important to note that the illegal activities in the sphere of migration involve both – foreign citizens as well as Russian citizens.

Taking the foregoing into consideration, it appears that one of the effective ways for preventing illegal deeds in the sphere of migration would be a legal education of both – the Russian citizens and foreign guests, including the provision of a foreign citizen with real opportunities to use the legal right granted to him by the national legislation of the receiving country.

It’s worth noting that certain steps in the specified direction have already been made. Thus, the state program “Ensuring Public Order and Crime Prevention” is already in force in the Russian Federation and is approved by the Executive Order #345 of the Government of the Russian Federation, dated April 15, 2014. However, the analysis of this document proves the vector of its use is aimed more at the prevention of especially dangerous infringements. The offences considered as less socially dangerous, are not reflected in the program in a proper manner. At the moment, the state institutions of the Russian Federation already take some preventive measures: Training seminars for officials, roundtables with representatives of the public and law enforcement agencies, the explanatory campaign is run through the Internet and other media; at the immediate location of the state bodies liable for migration issues, the stands and the “information booths” are organised containing information about the procedure and ways of discharging duties, as well as about bodies and organizations which can be contacted to in cases of violation of rights and impediments to the duties of foreign citizens.

And yet one must admit that not all the problems in the designated sphere are resolved at the proper level in Russia so far. This is specifically highlighted by the data obtained in the course of the questionnaire mentioned earlier. It involved 254 Mongolian citizens temporarily arriving in Russia (the Republic of Buryatia).

To the proposed question: “Are you satisfied with your visiting/moving to Russia?” 50% of respondents answered positively and 11% – replied negatively. At the same time, 38% are going to visit Russia again. Among the difficulties the Mongolian citizens faced in the Russian Federation, the respondents named complexities with language/communication – 11%, lack of support/remoteness from relatives – 7%, environmental problems, strained national relations – 7%, unfriendly attitude of the local population, different food – 3%, health problems, lack of knowledge of Russian legislation/legal illiteracy – 23%. It was also pointed out that the difficulties happened due to the lack of personal finances and the lack of knowledge about the culture and traditions of Russians.

To the question: “When interacting with the staff of a state Russian authority, which one you had to face the greatest difficulties with?”. The following answers were registered: the migration service officials – 7%, customs authorities – 24%, the police officers – 19%, the Federal Service for surveillance in the field of protection of consumer rights and human well-being – 12%, road patrol service – 3%. 23% of the respondents had no difficulties in communicating with representatives of Russian state bodies. According to the questionnaire, in case of legal difficulties arising in the territory of the Russian Federation, the citizens of Mongolia rely on attorneys/lawyers for help – 38%, fellow countrymen/relatives – 12%, consulates – 30%, police – 12%.

To the question: “The knowledge of which spheres of Russian legislation would be the most useful for you?”, the respondents named the following branches of law: family law – 15%, migration law – 34%, administrative law – 30%, labour law – 38%, civil law – 15%, customs law – 26%, other – 4%.

It is quite worrying that only 19% of the citizens of Mongolia characterized the level of their safety (security) in Russia as “full safety”, 38% consider themselves insufficiently protected, and 11% are completely unprotected. At the same time, 76% of Mongolian citizens know which state authorities they must contact to in case of offences/crimes committed against them.

To the question: “What do you think must be done to protect the rights of foreign citizens arriving in Russia?” 30% of respondents answered: “To organise the distribution of useful information at the state border (in the form of video clips, information booths, booklets, etc.)”. 38% believe it is necessary “to organise educational activities for the citizens even before they leave their country”. 50% of those who participated in the questionnaire consider it right “to create special centres protecting the rights of foreign citizens”.

At the same time, according to respondents, the greatest effect would be ensured by spreading the information about the current legislation of Russia, about ways of solving possible problems among Mongolian tourists through special applications on smartphones, other gadgets – 34%, lessons with those intending to leave the country – 23 %, the distribution of video – 20%, information booths, booklets – 20% and provision of the “hotline” – 20%. Meanwhile, only 31% of respondents are aware of the “hotline” phone providing help to foreign citizens who met with legal difficulties; are unaware – 57% of those Mongolian citizens taking part in the survey.

To the question: “If your relative or a friend decided to visit Russia, what recommendations would you give him, what would you like to warn him about?” 73% of respondents found it difficult to reply; however, 12% pointed to the special importance of compliance with the Russian legislation.

To the question: “Did you violate the Russian legislation, though unintentionally?” 61% of respondents answered negatively, but there were also those who “overstepped” the Russian laws (26%). According to 30% of respondents, Mongolian citizens are powerless and defenceless before the Russian legislation. Many of respondents (42%) heard about violations of the rights of Mongolian citizens by the Russian state bodies or Russian citizens. At the same time, 46% of respondents admitted they knew about the wrongdoings of Mongolian citizens in the territory of Russia.

To the question: “In your opinion, in which sphere, the violations of the rights of Mongolian citizens in Russia are the most frequent?” The opinions of the respondents divided, and they identified the following branches of legislation: customs – 4%, migration – 12%, labour – 7%, administrative – 15% and criminal – 3%. Whereas, to the question: “In your opinion, in which sphere the Mongolian citizens are most likely to commit violations in Russia?” the respondents named migration legislation – 8%, labour legislation – 8%, administrative legislation – 4%, civil legislation – 4%.

The above-said only confirms the thesis that now the system of legal education and legal help to foreigners, including the citizens of Mongolia, is not yet well-adjusted in the Russian Federation. There is also a shortage of translators who know the legal terminology in two languages and attorneys (other lawyers) speaking both Russian and Mongolian languages.

Not knowing their rights and responsibilities, suffering from language barriers and socio-cultural differences, the guests visiting Russia often become victims of crimes and offences. Thus, according to the consolidated statistics of the Ministry of Internal Affairs of the Russian Federation in 2014, the number of crimes against foreign citizens and persons without citizenship increased by 6.1% and amounted to 14 thousand crimes. In the first half of 2015, the number of crimes increased by 24.6% and amounted to 7.7 thousand. The foreign citizens fall victim to not only so-called “commonplace” criminal acts (murders, mercenary-violent crimes (Note 1) (Gerelbaatar, 2008), etc.), but also to economic crimes (fraud, fabrication, storage, transportation or sale of counterfeit money or securities, etc.), as well as corruption and malfeasance (bribery, abuse of authority, excess of power, etc.). Similar problems exist in Mongolia with regard to Russian citizens.

Again, taking into account the sharp growth of the number of Mongolians visiting Russia and the Russians in Mongolia, it would be natural to forecast an increase (real, not only statistical) of both the crimes and offences committed by foreigners and against foreigners. Rather, a liberal approach to counteracting the crimes often makes it even more difficult to prevent them. So, comparing the norms of criminal legislation and the practice of their application in Russia, Mongolia and China, the researchers draw a fair conclusion that since the measures of legal counteraction to the illegal trafficking of woods and forest products in the latter two countries are much stronger, they provoke the increase of the criminal transnational “forest business” in Russia (Borodulya and Lavdarenko, 2009).

4. Discussion

All mentioned above makes it necessary and important to elaborate an inter-branch concept of protecting the rights and legitimate interests of citizens of Mongolia in the Russian Federation and citizens of Russia in Mongolia. In this regard, we would like to inform the scientific, legal community about the start of an international project on creation of such a concept in 2016 by the Faculty of Law of the Buryat State University, in cooperation with the University of Law Enforcement Service of the Ministry of Justice of Mongolia (Ulan Bator, the official website of the University: www.leu.gov.mn), with the support of the Russian Foundation for Basic Research and the Ministry of Education and Science of Mongolia (INCB Mongolia).

The main content of the project includes developing methods to form the legal education tools, publication of a collective monograph and the booklets in several languages explaining those issues of administrative, migration, criminal and criminal-procedural legislation, which are of relevance and importance to the residents of both countries.

As to the novelty of the concept, it must be noted that in the legal science of Russia and Mongolia, in the framework of such branches as civil law, criminal law, criminal procedure law and administrative law, the separate studies were performed on the problem of ensuring the protection of rights and legitimate interests of foreign citizens. However, the results of the studies, for all their value, have some gaps:

– The problem was reviewed only within the framework of one of the branches of law, and not in its full complexity, as required by practical needs;

– The results of research often were just proposals for changing and supplementing the legislation or the definitions' elaborations, classifications, and other purely theoretical issues, without creating an inter-branch concept of protecting the rights and legitimate interests of citizens, and without putting into practice the specific proposals on extensive measures to protect the rights of foreign citizens;

– The problem of ensuring the protection of rights and legitimate interests of foreign citizens was considered in the most general terms – in relation to all foreign citizens staying in the territory of Russia and Mongolia. The regional specific features typical, for instance, for the stay of the Mongolian citizens in the territory of adjacent boundary areas, such as the Republic of Buryatia, were not accounted for.

It is again to emphasise that the inter-branch (administrative, migration, criminal and criminal-procedural law) concept of protecting the rights and legitimate interests of citizens of Mongolia in the territory of the Russian Federation and citizens of Russia in the territory of Mongolia will be created for the first time ever. The very articulation of the problem and the proposed inter-branch methodology seems to be quite unique to all the above-mentioned branches of law.

From the organisational point of view, it was decided it would the best to solve the problem by means of the team (for short, “the scientific project team”) involving the scientists-citizens of Mongolia (see below) the residents of the Republic of Buryatia and on the basis of a university in the republic – the Federal State Budgetary Educational Institution of Higher Education “Buryat State University” (BSU), which has a long-term and productive relations and friendship with neighbouring Mongolia. In favour of the project implementation through the scientific project team (which was suggested by the Russian side) is also the fact that most of its members speak the Buryat language which is quite similar to Mongolian. This circumstance can significantly simplify the process of communication with the citizens of Mongolia.

It was agreed to include well-known scientists and experienced legal practitioners from the Mongolian side to the scientific project team for eaboration of this concept:

  1. Zh. Byambaa – Doctor of Science, Professor, Professor-Adviser to the Mongolian State University, the Head of Department of the Theory and History of Law at the Law Institute of the Shikhihutag University, the Member of the Constitutional Court in honorary status, the Member of the Mongolian Association of Lawyers;
  2. O. Zorigt – Doctor of Science, the Head of the Department of Science and Innovations, the Academic Secretary of the University of Law Enforcement Service of Mongolia, Colonel of Police.
  3. N. Munkhzul – Captain of Police, Master of Law, Doctoral Candidate, Senior Lecturer at the Department of Legal Disciplines, of the University of Law Enforcement Service of Mongolia;
  4. B. Narmandakh – Doctor of Science, Lieutenant-Colonel of Intelligence Service, the Head of Department of Legal Disciplines of the National Academy of Intelligence of Mongolia;
  5. S. Narmandakh – Colonel of the Police, Master of Philology, Doctoral Candidate, the Head of Department of Foreign Languages of the University of Law Enforcement Service of Mongolia;
  6. P. Oyunchimeg – Doctor of Science, Associate Professor, Member of the National Human Rights Commission of Mongolia, Member of Association of Lawyers of Mongolia;
  7. Gantulga Navaan - Doctor of Science, Professor, the Head of the Institute for Execution of Court Judgments, Colonel of Police.

The presented project is of a scientific and applied nature and aimed at solving the important tasks:

– Creation of an inter-branch concept of protecting the rights and legitimate interests of citizens of Mongolia in the territory of the Russian Federation and citizens of Russia in the territory of Mongolia;

– Development of methodology and teaching methods to form the means of legal education for certain groups of citizens;

– Publication of a collective monograph, scientific articles, as well as booklets in several languages, explaining the issues of administrative, migration, crime and criminal procedural legislation important for the residents of two countries;

– Assistance to state bodies from the side of scientific, legal community of the Republic of Buryatia and students of law schools, in practical implementation of the guarantees existing in the legislation of the Russian Federation and Mongolia, aimed at protection of rights and legitimate interests of foreign citizens.

Under the framework of research by the scientific project team, it is planned to conduct a complex, inter-branch analysis of the reasons contributing to the perpetration of offences both by the citizens of Mongolia and the crimes against them in the territory of Russia. Similar studies should also be undertaken towards Russians staying in Mongolia. Based on the data received during the research, it is planned to develop scientifically justified recommendations for legal education, precautionary measures, prevention and suppression of offences and to offer recommendations on detection, disclosure, and investigation of crimes committed against citizens of Mongolia and Russia.

The results obtained in the course of the study will be used in consultative work with the Russian and the Mongolian state and municipal authorities carrying out the activities with foreign nationals staying in the territory of the state.

Thus, already in 2016, the scientific project team worked out and distributed (at checkpoints across the customs border, transport hubs and through the General Consulate of Mongolia in Russia) several editions of the “Legal Memo for the Citizens of Mongolia in the Territory of Russia” (Garmaev et al., 2016) in three languages: Mongolian, English and Russian. The authoring team designed the memos in attractive form for foreign citizens, presented the texts in a short, accessible language, in a kindly manner typical for a good advice addressed to dear guests. When formulating the recommendations, the authors consulted with the citizens of Mongolia as well as with philologists, representatives of the Mongolian Studies, called on publications (Campbell and Oyunsuren, 2015), (Legrand et al., 2008); (Atsanavong, 2014); (Kim Song Chol, 2013), used the concept of anti-criminal (Garmaev et al., 2015) and broader – legal education for the population of different countries (Koshelev and Mazeina, 2013), ( Kozlov, 2010), (Zhidkikh, 2010), (Dolinina and Shakirova, 2013; Battulga and Laykho 2008). The memos were distributed both in print and electronic form and supplied with a variety of images of QR codes for free download of legal regulatory acts of the Russian Federation, useful for studying by foreigners.

5. Conclusion 

As it is seen from the title and content of the concept, in the near future the international team of the scientific project based on theoretical and empirical knowledge received must conduct in-depth studies of the issues of protecting the rights and legitimate interests of citizens in Mongolia. Combining two blocks of research, the results of the studies of the Russian and Mongolian parts of the team, it is planned to create training courses within such disciplines of higher education as: “International Law”, “Comparative Legal Studies” and others. The same results will be used in advisory work with Russian and Mongolian state and municipal authorities working with foreign citizens visiting in the territory of the country.

The proposed concept, if successfully implemented, will allow the development of existing scientific ideas and promote new, diversified studies (civil, corporate, investment law, etc.) aimed at protecting the rights of migrating people and strengthening of international cooperation. Envisioning the new directions of the research, we, on behalf of this international team, offer our colleagues - academic lawyers, teachers, representatives of various branches of law and scientific (academic) disciplines, law students and graduate students from the Russian Federation, countries of the Asia-Pacific Region and all countries of the world, to respond to this proposal on interacting within the framework of the designated research areas.

Acknowledgments

The work was fulfilled with the support of the Russian Foundation for Basic Research (Grant #16-23-03006) under the scope of the project “Protection of rights and legitimate interests of citizens of Mongolia in the territory of the Russian Federation and Russian citizens on the territory of Mongolia”.

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1. Buryat State University, 670000, Republic of Buryatia, Russia, Ulan-Ude, ul. Smolina, 24ª, E-mail: garmaeff@yandex.ru

2. Buryat State University, 670000, Republic of Buryatia, Russia, Ulan-Ude, ul. Smolina, 24ª

3. Novosibirsk Law Institute (branch) Tomsk State University, 630007, Russia, Novosibirsk, ul. Sovetskaya, 7

4. Criminality of this type in Mongolia in recent decades also remains at a very high level. See, for example: Gerelbaatar D. (2008) Main reasons and conditions for the commission of mercenary-violent crimes in Mongolia. Russian investigator, 19 (23-24).


Revista ESPACIOS. ISSN 0798 1015
Vol. 39 (Number 18) Year 2018

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