As a result of studying the chapter, the student must:

  • – know definitions of the concepts "foreign citizen", "stateless person", "refugee", "forced migrant"; fundamentals of the constitutional and legal status of a foreign citizen, stateless person, refugee, forced migrant; decisions of the Constitutional Court of the Russian Federation on the problems of the legal status of these persons;
  • – be able to distinguish between foreign citizens legally and illegally staying on the territory of the Russian Federation; classify foreign citizens depending on the time and state of residence on the territory of the Russian Federation; to distinguish between national treatment, most favored nation treatment and special treatment for foreign citizens and stateless persons on the territory of Russia; determine the criteria for characterizing refugees and internally displaced persons;
  • – own the ability to assess the legal status of foreign citizens, stateless persons, refugees and internally displaced persons from the point of view of its compliance with the Constitution of the Russian Federation, to competently argue their position.

Constitutional and legal foundations of the status of foreign citizens and stateless persons

Foreign citizen- an individual who is not a citizen of the Russian Federation and has citizenship (nationality) of a foreign state. The identity documents of a foreign citizen in the Russian Federation are the passport of a foreign citizen or another document established by federal law or recognized in accordance with an international treaty of the Russian Federation.

A stateless person- a person who is not a citizen of the Russian Federation and does not have proof of citizenship of a foreign state.

The legal status of foreign citizens and stateless persons has a single basis. It is determined by the Constitution of the Russian Federation (Articles 62 and 63) and the provisions of the Federal Law of 25.07.2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" that concretize its content. It is no coincidence that in paragraph 2 of Art. 2 of this Federal Law says that the concept of "foreign citizen" includes the concept of "stateless person", except for cases when federal law establishes special rules for stateless persons that differ from the rules established for foreign citizens.

According to the criterion of legality of stay on the territory of Russia foreign citizens can be classified into legally and illegally located on the territory of the Russian Federation. Foreign citizen legally staying in the Russian Federation- a person who has a valid residence permit, or a temporary residence permit, or a visa, or other documents provided for by federal law or an international treaty of the Russian Federation, confirming the right of a foreign citizen to stay (reside) in the Russian Federation. If the person does not have these documents, he is considered a foreign citizen illegally staying on the territory of the Russian Federation, and can be expelled from the territory of Russia in an administrative manner. Within five years from the date of expulsion, he cannot enter the territory of the Russian Federation.

Foreign citizens are required to register within seven working days from the date of arrival in Russia at the territorial body of the federal executive body in charge of internal affairs (now these are divisions of the Federal Migration Service). Registration of a foreign citizen is carried out upon a written application submitted personally or through an inviting organization at the place of his stay in Russia, provided he has a migration card bearing the mark of the border control authority on entry into Russia and an identity document.

Registration is not subject heads of foreign states; heads of government of foreign states; members of parliamentary and government delegations; heads of international organizations who entered Russia at the invitation of federal government bodies and government bodies of the constituent entities of the Russian Federation, as well as family members of these persons; foreign citizens who entered the Russian Federation for a period not exceeding three days; foreign citizens - sailors who are members of the crews of warships arriving in the Russian Federation on an official visit or on a business trip, etc.

Depending on the time and state of residence on the territory of the Russian Federation foreign citizens are subdivided into four categories: temporarily staying; temporary residents; permanent residents; persons who have received political asylum.

Term temporary stay a foreign citizen in the Russian Federation depends on the validity period of the visa issued to him. The period of temporary stay in the Russian Federation of a foreign citizen arriving in the Russian Federation in a manner that does not require a visa may not exceed 90 days, with the exception of a number of cases provided for by the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation".

Foreign citizen temporarily staying in the Russian Federation must leave the Russian Federation upon the expiration of the visa or the expiration date of the employment contract or military contract.

Temporary residence a foreign citizen on the territory of the Russian Federation is possible on the basis of a permit issued within the quota approved by the Government of the Russian Federation. The temporary residence permit is valid for three years. The quota is approved annually by the Government of the Russian Federation on the proposals of the executive bodies of state power of the constituent entities of the Russian Federation and the possibilities of this subject for the arrangement of foreign citizens.

Permanent residence a foreign citizen in the Russian Federation is possible on the basis of a residence permit issued by the territorial body of the federal executive body in the field of migration. Prior to obtaining a residence permit, a foreign citizen must have lived in the Russian Federation for at least one year on the basis of a temporary residence permit. A residence permit is issued to a foreign citizen for five years. At the end of the validity period of the residence permit, this period, upon the application of a foreign citizen, can be extended for five years. The number of extensions of the validity of the residence permit is not limited.

Temporary residence and permanent residence permit for a foreign citizen not issued, and the previously issued permit canceled in cases where this foreign citizen: advocates forcible change of the foundations of the constitutional order of the Russian Federation, by other actions creates a threat to the security of the Russian Federation or citizens of the Russian Federation; finances, plans terrorist (extremist) acts, assists in the commission of such acts or commits them, as well as by other actions supports terrorist (extremist) activities; submitted forged or forged documents or reported knowingly false information about himself, etc.

A special category of foreign citizens and stateless persons are representatives of these categories of persons, received political asylum. According to the UN General Assembly Declaration "On Territorial Asylum" of December 14, 1967, asylum granted by any state in the exercise of its sovereignty to persons who have reason to invoke Art. 14 of the Universal Declaration of Human Rights, must be respected by other states. The right to seek and enjoy asylum may not be invoked by any person in respect of whom there are serious grounds for believing that he has committed a crime against peace, a war crime or a crime against humanity within the meaning of those international instruments that have been drawn up in order to provide for rules regarding these crimes. The assessment of the grounds for granting asylum lies with the asylum-granting State (Art. 1).

The aforementioned persons should not be subject to such measures as refusal of permission to cross the border or, if he has already entered the territory in which he is seeking asylum, expulsion or forced return to any country where this person may be persecuted. Exceptions are allowed only for critical reasons of national security or for the protection of the population, such as in the case of a massive influx of people.

The Constitution of the Russian Federation in Art. 63 proclaims:

"1. The Russian Federation grants political asylum to foreign citizens and stateless persons in accordance with the generally recognized norms of international law.

2. In the Russian Federation, it is allowed to extradite to other states persons persecuted for political convictions, as well as for actions (or inaction) that are not recognized as a crime in the Russian Federation. The extradition of persons accused of committing a crime, as well as the transfer of convicts to serve their sentences in other states, are carried out on the basis of federal law or an international treaty of the Russian Federation. "

For foreign citizens and stateless persons, it can be established national treatment, most favored nation treatment and special mode, determining their legal status on the territory of the country.

The Constitution of the Russian Federation establishes national treatment for foreign citizens and stateless persons, assuming that they enjoy the rights and obligations in the Russian Federation on an equal basis with the citizens of the Russian Federation, except for cases established by federal law or an international treaty (part 3 of article 62).

Most favored nation on the territory of Russia is provided to citizens of the Republic of Belarus. Within the framework of the community of Russia and Belarus, special acts have been adopted on equal rights in the field of education, medical care, employment, wages and the provision of other social and labor guarantees. Citizens of Russia and Belarus have the right to freely exchange living quarters on the territory of these states.

Special mode means the granting of separate rights for certain groups of foreign citizens in accordance with legislation or an international treaty. Such a regime in the Russian Federation is enjoyed by citizens of Kazakhstan permanently residing in the territory of the Russian Federation. They are not subject to restrictions on rights or additional obligations introduced for foreign citizens. They have the right to participate in privatization on an equal basis with Russian citizens.

National treatment excludes the right of foreign citizens to elect and be elected to federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, as well as to participate in the referendum of the Russian Federation and referendums of the constituent entities of the Russian Federation. At the same time, foreign citizens permanently residing in the Russian Federation, in the cases and in the manner prescribed by federal laws, have the right to elect and be elected to local self-government bodies, as well as to participate in a local referendum (Article 12 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation ").

Foreign citizens cannot be called up for military service (alternative civilian service). They can enter military service under a contract and can be recruited into the Armed Forces of the Russian Federation, other troops, military formations and bodies as persons of civilian personnel in accordance with federal laws and other regulatory legal acts of the Russian Federation.

The right to freedom of movement for personal or business purposes within the Russian Federation foreign citizens can sell on the basis of documents issued or executed in accordance with the procedure established by law. At the same time, the federal law restricts the movement of foreign citizens in a number of territories, organizations and objects, the list of which is approved by the Government of the Russian Federation.

A foreign citizen temporarily residing in the Russian Federation does not have the right to voluntarily change his place of residence within the constituent entity of the Russian Federation, in whose territory he is allowed temporary residence, or to choose his place of residence outside the specified constituent entity of the Russian Federation.

Foreign citizens - employees of diplomatic missions and employees of consular offices of foreign states in the Russian Federation, employees of international organizations, as well as foreign journalists accredited in the Russian Federation, are granted the right to freedom of movement within the Russian Federation on the basis of the principle of reciprocity, with the exception of the above restrictions.

Foreign citizens enjoy the right to freely dispose of one's abilities for work, to choose an occupation and profession, as well as the right to freely use one's abilities and property for entrepreneurial and other economic activities not prohibited by law subject to a number of restrictions established by federal law. Foreign citizens They have no right to.

  • - be in the municipal service;
  • - to fill positions in the crew flying the State flag of the Russian Federation, in accordance with the restrictions provided for by the Merchant Shipping Code of the Russian Federation;
  • - be a member of the crew of a warship of the Russian Federation or another vessel operated for non-commercial purposes, as well as an aircraft of state or experimental aviation;
  • - be the commander of a civil aviation aircraft;
  • - to be employed at facilities and organizations whose activities are related to ensuring the security of the Russian Federation. The list of such facilities and organizations is approved by the Government of the Russian Federation;
  • - engage in other activities and fill other positions, the admission of foreign citizens to which is limited by federal law.

In accordance with the legal positions of the Constitutional Court of the Russian Federation, foreign citizens and stateless persons in case of violation of their rights and freedoms have the opportunity to protect them, including through constitutional proceedings.

By virtue of Part 2 of Art. 22 of the Constitution of the Russian Federation, a foreign citizen or a stateless person staying on the territory of Russia, in the event of expulsion from the Russian Federation forcibly, may be subject to detention for the period necessary for expulsion, but not more than 48 hours, prior to a court decision. Above the specified period, a person may remain detained only by a court decision and only on the condition that without such detention the decision on expulsion cannot be enforced.

The basic principle that determines the legal status of foreign citizens and stateless persons in the Russian Federation is enshrined in Art. 62 of the Constitution of the Russian Federation. In accordance with it, these persons enjoy the rights and bear obligations on an equal basis with the citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.

Foreign citizens are persons who are not citizens of the Russian Federation and who have evidence of their belonging to the citizenship of a foreign state.

Foreign citizens in the Russian Federation are equal before the law, regardless of any conditions. Their use of rights and freedoms should not harm the interests of the Russian Federation, the legitimate interests of citizens of the Russian Federation and other persons. Foreign citizens are obliged to comply with the Constitution of the Russian Federation and its legislation.

Foreign citizens permanently residing in the Russian Federation can work as workers and employees or engage in other labor activities on a common basis with citizens of the Russian Federation. They have the right to rest, health care, benefits, pensions and other forms of social security, to the use of living quarters, ownership of a residential building and other property, to education, and the use of cultural achievements.

Along with the citizens of the Russian Federation, foreign citizens are guaranteed freedom of conscience, the inviolability of the person and home. They can conclude and dissolve marriages with citizens of the Russian Federation and other persons.

Foreign citizens in the Russian Federation cannot elect and be elected to elective state bodies, hold public office, and also participate in the popular vote. They do not carry out the duties of military service in the ranks of the Armed Forces of the Russian Federation.

Allowed the movement of foreign citizens on the territory of the Russian Federation and the choice of place of residence in the manner prescribed by law, as well as the relevant international treaties of the Russian Federation. However, in the interests of ensuring state security and protecting public order, restrictions may be imposed on movement and the choice of their place of residence.

Subject to the rules established by law, foreign citizens can enter and leave the Russian Federation.

Foreign citizens who have committed crimes, administrative or other offenses on the territory of the Russian Federation are subject to liability on a common basis with citizens of the Russian Federation. Those of them who violate the legislation on the legal status of foreign citizens can be reduced the period of stay in the Russian Federation.


The above provisions apply to stateless persons in the Russian Federation, unless otherwise follows from the legislation. However, they do not affect the privileges and immunities of the heads and employees of foreign diplomatic and consular missions, as well as other persons established by the legislation of the Russian Federation and international treaties of the Russian Federation.

In Art. 63 of the Constitution of the Russian Federation stipulates that the Russian Federation provides political asylum to foreign citizens and stateless persons in accordance with the generally recognized norms of international law. In this case, the Constitution of the Russian Federation proceeds from the norms of international law that each state uses the right to grant political asylum, and no one can consider this as an unfriendly act. The Presidential Decree of July 26, 1995 approved the “Regulations on the procedure for granting political asylum in the Russian Federation”. It defines the basic conditions associated with the implementation of this institution, and the status of persons who have been granted asylum. The issue of granting the right to political asylum is decided by the President of the Russian Federation.

In the Russian Federation, it is not allowed to extradite to other states persons persecuted for political convictions, as well as for actions that are not recognized as a crime in the Russian Federation.

The extradition of persons accused of committing a crime, as well as the transfer of convicts to serve their sentences in other states, are carried out on the basis of federal law or an international treaty of the Russian Federation.

Constitutional provisions are currently developed in the Federal Law of July 25, 2002 "On the legal status of foreign citizens in the Russian Federation."

The basic principle of the legal status of foreign citizens and stateless persons in Russia is established in article 62 of the Constitution of the Russian Federation... According to this principle, these persons have the rights and obligations on an equal basis with the citizens of Russia, with the exception of cases established by federal legislation or international treaties of the Russian Federation.

Federal Law "On the legal status of foreign citizens in the Russian Federation" of July 25, 2002 (as amended on July 29, 2017) describes the legal status of foreign citizens in Russia, and also regulates the relations of foreign citizens with state and municipal authorities and their officials. It enshrines the general principles of their legal status, their fundamental freedoms, rights, duties and responsibilities.

As foreign citizens natural persons are recognized who are not citizens of Russia and have proof of citizenship (or nationality) of any other foreign state.

The Federal Law identifies three categories of foreign citizens, in the status of which there are certain differences:

- permanent residents in the Russian Federation (have a residence permit),

- temporary residents in the Russian Federation (have a temporary residence permit)

- temporarily staying in Russia (have a migration card, arrived with or without a visa, have not received a residence permit and a temporary residence permit).

Key principles of the legal status of foreign citizens in Russia are distinguished by democratic and internationalist features.

V Russian Federation foreign citizens enjoy the rights and bear obligations on an equal basis with the citizens of the Russian Federation, except in cases stipulated by law. At the same time, the use by foreign citizens of their rights should not harm the interests of Russia, as well as the legitimate interests of citizens and other persons. Foreigners are obliged to comply with the Constitution and legislation of Russia.

Foreign citizens endowed with the right to freely apply their abilities to labor, choose a profession and occupation, as well as freely use their abilities and property to conduct entrepreneurial and other economic activities but subject to statutory restrictions. In federal legislation, the appointment to certain positions or engaging in certain types of labor activity is associated with belonging to Russian citizenship.

Foreigners have the right to rest and health protection, the right to various benefits, pensions, education, the use of cultural achievements, the right to use housing and ownership of a residential building or other property. They can be members of trade unions, cooperative, joint-stock, scientific, cultural, sports and other public associations (with the exception of political parties) if this is not provided for by their statutory documents. They are guaranteed freedom of conscience, as well as the inviolability of the person and home. They can conclude and dissolve marriages with Russian citizens and other persons.

One of the features of the status of foreign citizens in Russia is lack of opportunity for them to elect and be elected to the elected bodies of the state, to hold public office, as well as to take part in referendums (popular elections). Foreigners permanently residing in Russia, in cases and in the manner prescribed by law, have the right to elect and be elected in municipal authorities as well as take part in local referendum.

They cannot be summoned to military service or alternative civilian service.

Foreign citizens have the right move freely for personal or business purposes within the territory of the Russian Federation on the basis of documents issued or executed by him in accordance with the provisions of the legislation, but with the exception of the possibility of visiting those territories, organizations and objects that require a special permit for entry.

The composition of territories, organizations and facilities, for entry into which foreigners need special permits, is formed and approved by the Government of Russia.

Subject to regulations and rules Federal Law "On the procedure for leaving the Russian Federation and entering the Russian Federation" of August 15, 1996 (as amended on July 29, 2017), foreign citizens have the right to enter and leave Russia without hindrance. Articles 26 - 28 of the law define the grounds that allow a ban on entry and exit from the country.

Foreign citizens who have committed crimes or administrative and other offenses on the territory of Russia are general liability with citizens of the Russian Federation.

The above rules apply in Russia and to stateless persons unless otherwise provided by law. But they do not apply to the system of privileges and immunities established by the law of the Russian Federation and international treaties for the heads and employees of foreign consular and diplomatic missions, as well as other persons.

Article 63 of the Constitution of Russia stipulates that the Russian Federation provides foreign citizens and stateless persons political refuge according to the generally recognized norms of international law. In this situation, the Constitution is based on the norms of international law. According to them, each state applies the right to grant political asylum and this should not be construed as an unfriendly act. The Presidential Decree of July 21, 1997 (as revised on December 7, 2016) approved Regulations on the procedure for granting political asylum by the Russian Federation.

As grounds for granting political asylum persecution (or his real threat) of a person who seeks asylum and protection in the state of his nationality or in the country of usual residence for political and social activities and beliefs that comply with the norms of international law and democratic principles accepted by the international community may act.

A person who has been granted political asylum receives on the territory of Russia equal rights and freedoms and obligations with citizens of the Russian Federation, with the exception of cases established by federal legislation or an international treaty of the Russian Federation.

According to article 63 of the Constitution, Russia does not allow issue other states of those persons who persecuted for political opinion, as well as for actions (or inaction) that are not recognized as crimes on the territory of the Russian Federation.

Extradition of persons who are accused of committing crimes, as well as the transfer of those already convicted to serve their sentences in other countries takes place in accordance with the provisions of federal legislation or an international treaty of the Russian Federation (Article 63 of the Constitution of Russia).