Foreign citizens and stateless persons bear administrative responsibility on an equal basis with citizens Russian Federation. In addition, foreigners who have committed a crime on the territory of Russia are subject to criminal liability in accordance with the Criminal Code of the Russian Federation. The Russian Federation, in accordance with an international treaty of the Russian Federation or on the basis of the principle of reciprocity, may extradite to a foreign state a foreign citizen or a stateless person who is on the territory of the Russian Federation for criminal prosecution or execution of a sentence for acts that are criminally punishable under the criminal law of the Russian Federation and laws the foreign country that sent the request. The exception is foreign citizens with diplomatic immunity who, on the basis of international treaties and agreements to which Russia has become a party, and on the principle of reciprocity, are not held administratively liable in the Russian Federation Korsik K.A. Theory legal regulation status of foreign citizens in the Russian Federation. M., 1999..

According to paragraph 1 of Article 2.6 of the Code of Administrative Offenses of the Russian Federation, foreign citizens, stateless persons and foreign legal entities who have committed administrative offenses on the territory of the Russian Federation are subject to administrative liability on a general basis. The issue of administrative liability of a foreign citizen enjoying immunity from the administrative jurisdiction of the Russian Federation in accordance with federal laws and international treaties of the Russian Federation and who has committed an administrative offense on the territory of the Russian Federation, is permitted in accordance with the norms international law p. 1, 3 art. 2.6 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ.

Attention should be paid to some of the most characteristic elements of administrative offenses committed by foreign citizens and stateless persons.

The first group is offenses related to the State Border of the Russian Federation, the subjects of which can be both citizens of Russia and foreigners Korsik K.A. Participation of foreign citizens in administrative offenses // Law and Life. 2002 No. 2.:

violation of the regime of the State Border of the Russian Federation;

conducting economic, fishing or other activities on the State Border or near it without notifying the border service authorities or with notification of such authorities, but in violation of the established procedure for conducting economic, fishing or other activities on the State Border of the Russian Federation or near it;

violation of the rules of entry (passage) to the border zone, temporary stay, movement of persons and (or) vehicles in the border zone;

conduct in the territorial sea and in inland waters the Russian Federation, in the Russian part of the waters of border rivers, lakes and other bodies of water, fishing, research, prospecting and other activities without the permission (notification) of the border service authorities or with the permission of such bodies, but in violation of the conditions of such permission;

violation of the regime at checkpoints across the State Border of the Russian Federation;

illegal transportation of persons across the State Border of the Russian Federation.

The second group is violations by foreign citizens or stateless persons of the regime of stay in the Russian Federation. They are expressed in non-compliance with the established procedure for registration or movement or the procedure for choosing a place of residence, in avoiding leaving the Russian Federation after a certain period of stay, as well as in non-compliance with the rules for transit through the territory of the Russian Federation Korsik K.A. Participation of foreign citizens in administrative offenses // Law and Life. 2002..

If a foreign citizen entered Russia illegally, his stay automatically becomes illegal. The presence on the territory of the state of a legally arrived citizen, but who did not leave on time, or who did not extend the stay, is also inconsistent with the law Tyurin V.A. Measures of administrative coercion applied to foreign citizens and stateless persons // Modern law. 2003. № 6.

A foreign citizen illegally staying in the Russian Federation is subject to registration, photographing and mandatory state fingerprint registration with subsequent placement of the information received in central bank data created in accordance with Article 26 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" Federal Law of the Russian Federation of July 25, 2002 No. 155-FZ "On the Legal Status of Foreign Citizens in the Russian Federation".

As noted above, foreign citizens and stateless persons who have committed administrative offenses on the territory of the Russian Federation are subject to administrative liability on a general basis. The following types of penalties may be applied as administrative penalties:

  • - warning;
  • - administrative penalty;
  • - paid seizure of the instrument of committing or the subject of an administrative offense;
  • - confiscation of the instrument of committing or the subject of an administrative offense;
  • - deprivation special right provided to an individual;
  • - administrative arrest;
  • - administrative expulsion from the Russian Federation of a foreign citizen or stateless person;
  • - disqualification;
  • - administrative suspension of activities;

A number of specific measures of administrative influence may be applied to foreign citizens who violate the legislation of the Russian Federation. They can be expressed in the form of a reduction in the period of stay, cancellation of a previously issued temporary residence permit or residence permit, cancellation of a work permit, deportation.

Cancellation of a temporary residence permit or residence permit occurs if a foreign citizen has committed a number of illegal acts. This list includes the commission by a foreigner of such actions as: speaking out for a violent change in the constitutional order of the Russian Federation; financing and planning of terrorist acts; providing forged documents or reporting knowingly false information about yourself Borodin S.S., Gromyko S.S. Administrative law. General and special part: lecture course GUAP SPb, 2007.

Introduction…………………………………………………………………………3

Chapter 1. General characteristics of the legal status of foreign citizens and stateless persons.

§ 1. The concept of foreign citizens and stateless persons and their classification………………………….……..………………..……………………5

§2. The procedure for the entry of foreign citizens into the Russian Federation and the exit from the Russian Federation…….………..……………………………….18

§3. Basic rights, freedoms and obligations of foreign citizens and stateless persons in the Russian Federation.………………………………….………..………………31

Chapter 2. Administrative responsibility of foreign citizens and stateless persons.

§ 1. Administrative expulsion of foreign citizens and stateless persons as a measure of administrative responsibility and problems of its application…………………………………………………………………………….44

§ 2. Correlation between administrative expulsion and deportation of foreign citizens and stateless persons.…………………………………...62

Conclusion……………………………………………………………….....72

Bibliography……………………………………………………………….75

Introduction.

On December 12, 1993, the Constitution of Russia was adopted. One of its main provisions is the provision that foreign citizens and stateless persons in the Russian Federation enjoy the rights and bear obligations on an equal basis with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.

States, in accordance with the current international legal acts, in their legislative and law enforcement practice must guarantee the observance of the rights and freedoms of citizens. This approach should be extended to all categories of persons who are within the jurisdiction of the state. Freedom of foreign economic activity for Russian entrepreneurs and the openness of the domestic economy to foreign investment, the removal of many restrictions on entry into the Russian Federation and stay on its territory for foreign citizens and stateless persons, the development of business ties and tourism - all this has led to a sharp increase in the number of foreign citizens and stateless persons living in our country. Thus, in connection with the development of international relations, the problem of regulating the administrative and legal status of foreign citizens and stateless persons is becoming increasingly important for Russia.

The purpose of this work is to study and analyze the institution of the administrative and legal status of foreign citizens in the Russian Federation. Achieving this goal determines the following tasks of the work:

    define the concept of the administrative and legal status of foreign citizens and stateless persons,

    study the legal regulation of this institution both at the national and international levels,

    classify foreign citizens and stateless persons,

    identify the features and problems of applying administrative responsibility to foreign citizens and stateless persons,

    to delimit the institution of administrative expulsion from related legal phenomena,

    define possible ways solutions to identified problems.

When writing this thesis, we used such methods as dialectical, historical, systematic, the method of logical analysis and synthesis, the method of comparative research, and others.

It should be noted that the problem of determining the administrative and legal status of foreign citizens and stateless persons has been repeatedly touched upon in the literature, both within the framework of general administrative law courses and within the framework of individual studies. This topic was discussed by such scientists as D.N. Bahrakh, Yu.A. Dmitriev, Yu.M. Kozlov and others in their works on administrative law. Within the framework of special studies, this topic was developed by S.A. Avakyan, M.S. Askerov, A.S. Dugenets, A.N. Sandugei and other modern scientists.

Despite the fact that the topic of the administrative and legal status of foreign citizens and stateless persons is relevant at the present time, and also has significant elaboration in science, it remains insufficiently studied to this day. The rules of law governing the relevant provisions have gaps and conflicts, which can be identified only with a comprehensive analysis of the provisions of the current legislation. This is precisely what we need to do in the present work.

Chapter 1. General characteristics of the legal status of foreign citizens and stateless persons.

§ 1. The concept of foreign citizens and stateless persons and their classification.

Subjects of law are individuals or organizations that, on the basis of the rules of law, can be participants in legal relations, bearers of subjective rights and obligations. In administrative law, a subject of law is understood as a person (individual and organization), which, according to the law, can be a participant in administrative legal relations and a bearer of administrative rights and obligations. The legal possibility of an individual and an organization to be a participant in various legal relations, bearers of specific legal rights and obligations is associated with the presence of certain properties, for the designation of which the term "legal personality" is used. Legal personality as a way to be participants in legal relations is established by legal norms and may be different for different subjects. Basically, there are individual and collective subjects of law. Individuals, in addition to other subjects of law, also include foreign citizens and stateless persons 1 . The foregoing is confirmed not only by domestic, but also by international norms of law. Thus, Article 6 of the Universal Declaration of Human Rights of 1948 states: “Every person, wherever he is, has the right to recognition of his legal personality” 2 . The above provision is also declared by the International Covenant on Civil and Political Rights of 1966 3 .

In order for a person with legal personality to become a participant in administrative-legal relations, he, along with general legal personality, must also have administrative legal personality. Administrative legal personality includes two components: legal capacity and legal capacity. Administrative legal capacity is the ability to acquire subjective legal rights and obligations of an administrative-legal nature, i.e. be a participant in administrative-legal relations. It is part of the general legal capacity. Administrative legal capacity is the practical ability to acquire subjective legal rights and obligations, to exercise and terminate them, i.e. exercise their administrative legal capacity within the framework of specific administrative relations. A variety of administrative capacity is administrative delinquency, i.e. the ability of a person to bear administrative responsibility for committed offenses (delicts). There is another opinion on the issue of legal personality. So, Doctor of Law, Professor Starilov Yu.N. believes that the term "administrative legal personality" is deprived of legal regulation in administrative law and is analyzed by scientists in order to clarify the legal nature and general issues of the administrative-legal status of participants in administrative-legal relations 1 . If we consider the subjects of administrative law, in general, we can distinguish that all subjects of administrative law have certain common features that characterize their administrative and legal status: all subjects of administrative law are inextricably linked with management activities state power and have equal legal guarantees for the consideration of the dispute that has arisen in the administrative or judicial order. However, each subject has its own legal status different from other participants in legal relations.

Subjects of administrative law, having a legal status established by law and administrative legal norms, become participants in administrative legal relations when they practically exercise the administrative legal capacity determined for them. The fact that foreign citizens and stateless persons have administrative legal personality and the fact of participation in administrative legal relations is very important, since the participation of foreign citizens and stateless persons in administrative offenses is a prerequisite for the emergence of other legal relations.

The administrative and legal status of foreign citizens and stateless persons in the Russian Federation is determined primarily by the Constitution of the Russian Federation of 1993, in particular Articles 27, 62, 63 1 ; international treaties of the Russian Federation 2 ; Federal Law of the Russian Federation "On the Legal Status of Foreign Citizens in the Russian Federation" dated July 25, 2002 No. 3; Federal Law of the Russian Federation of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation 4”; Decrees of the Government of the Russian Federation and other regulatory legal acts.

The administrative and legal status of foreign citizens and stateless persons is a set of their rights and obligations, enshrined in the law and guaranteed by the state. As for the content of the legal status of foreign citizens, in structural terms it is represented by rights, obligations and guarantees for their implementation.

In accordance with the Law of the Russian Federation "On the legal status of foreign citizens in the Russian Federation" dated July 25, 2002 No. 115-FZ, a foreign citizen is individual who is not a citizen of the Russian Federation and has citizenship (nationality) of a foreign state .

A stateless person is an individual who is not a citizen of the Russian Federation and does not have evidence of citizenship (nationality) of a foreign state.

Statelessness can be absolute and relative. Absolute statelessness - statelessness from the moment of birth. Relative statelessness - statelessness resulting from the loss of citizenship.

The issue of statelessness is an anomaly for any state, and in this regard, all states, including the Russian Federation, seek to limit the number of stateless persons through the conclusion of special international agreements and the adoption of effective domestic laws. In particular, the Law of the RSFSR "On Citizenship" of 1991. already contained a number of provisions aimed at reducing the number of stateless persons, which were also reflected in the Law of the Russian Federation "On Citizenship" dated May 31, 2002 N 62-FZ. It has been established that a child born on the territory of the Russian Federation from stateless persons is a citizen of the Russian Federation. According to Art. 6 of the Law, the Russian Federation encourages the acquisition of citizenship of the Russian Federation by stateless persons residing on the territory of the Russian Federation.

This issue is regulated by a number of international instruments such as the 1954 UN Convention on the Status of Stateless Persons and the 1961 UN Convention on the Reduction of Statelessness. According to Article 1 of the 1961 UN Convention on the Reduction of Statelessness, “any Contracting State must provide his nationality to any person born in its territory who would otherwise be stateless." The Convention Relating to the Status of Stateless Persons states that Contracting States must respect the basic legal status of stateless persons, which, in general, is the same as the legal status of aliens (“Except where a more favorable legal position is granted to stateless persons under this Convention, a Contracting State will grant them a position generally enjoyed by foreigners”), and in cases of violation of rights and freedoms “every stateless person has the right to freely apply to the courts in the territory of all Contracting countries” 1 , while in the Convention the term “stateless person” means a person who is not considered a citizen of any state by virtue of its law. However, its provisions do not apply:

1) persons who currently enjoy the protection or assistance of other organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees;

2) to persons for whom the competent authorities of the country in which they reside recognize the rights and obligations associated with the citizenship of that country;

3) persons in respect of whom there are serious grounds to believe that they:

a) committed a crime against peace, war crime or a crime against humanity as defined by those acts in international instruments drawn up for the purpose of taking action against such crimes;

b) committed a serious non-political crime outside the country of asylum and before they were admitted to that country;

c) are guilty of acts contrary to the purposes and principles of the United Nations.

It should be noted that the legal status of foreign citizens and stateless persons differs, for example, in matters of diplomatic protection. At the same time, in most cases, foreign citizens and stateless persons are the same in terms of law for the state, which is confirmed by legislative and law enforcement practice.

As for the current Russian legislation, it has changed several times. The most fundamental change took place in July 2006 in connection with the adoption of the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation". Obviously, a number of novelties are due to the desire to eliminate the gaps in migration legislation. Nevertheless, contradictions remain in this section of the legislation to this day.

Let's look at some of these contradictions. In Art. 2 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”, a foreign citizen is understood as an individual who is not a citizen of the Russian Federation and has evidence of citizenship (nationality) of a foreign state. The doctrine formulated a different approach to the definition of persons who do not have citizenship of the Russian Federation. A significant part of the definitions draws attention to the actual situation of the person (does not have Russian citizenship and is a citizen of another state) 1 . The legislative definition is more formalized and adapted to the practice of state administration bodies. Foreign citizenship here is established by “evidence”, which should be understood as a document recognized in Russia confirming the identity of a foreigner and containing a reference to his nationality (most often this is a passport).

The normative definition allows officials of internal affairs bodies, migration authorities to determine the status of a person who is not a citizen of Russia, only by the presence of relevant documents. The question arises: what if they are lost? Is the status of a foreigner lost in the period between the identification of a passportless citizen and confirmation of his legal status through a foreign representation of the state of his citizenship? It seems that the status of a stateless person in this case should not be presumed. After all, the material basis of his foreign citizenship is preserved (the state does not renounce its citizens who have lost the relevant documents). The Russian authorities still turn to the authorities of the state of his citizenship, which provide legal assistance to their citizen, restoring lost documents. In this sense, the definition of a foreign citizen given in Art. 3 of the Federal Law "On Citizenship": this is a person who is not a citizen of the Russian Federation and has citizenship (nationality) of a foreign state. It should be noted that the laws on citizenship and the legal status of foreign citizens were adopted almost at the same time, so the discrepancy between them indicates their lack of consistency. The concept of a foreign citizen should be formulated on the basis of the factual basis of his status, therefore the definition of Art. 2 of the Federal Law "On the legal status of foreign citizens" needs to be changed.

There are differences in the legal status not only between citizens and foreign citizens (stateless persons), but also between different categories of foreign citizens 1 . The main one is the classification of foreign citizens depending on the time of their stay on the territory of the Russian Federation. There are foreign citizens:

    Temporarily staying in the Russian Federation;

    Temporarily residing on the territory of the Russian Federation;

    Permanently residing in the territory.

A foreign citizen temporarily staying in the Russian Federation is a person who arrived in the Russian Federation on the basis of a visa or in a manner not requiring a visa, and who received a migration card, but does not have a residence permit or a temporary permit. accommodation. The basis for issuing a visa to a foreign citizen (stateless person) or the basis for entry into the Russian Federation in a manner that does not require a visa is an invitation to enter the Russian Federation 1 . An invitation to enter the Russian Federation is issued by the Ministry of Foreign Affairs of the Russian Federation or the Ministry of Internal Affairs of the Russian Federation or its territorial body. An invitation to enter the Russian Federation for a foreign citizen (stateless person) for the purpose of studying at an educational institution is issued by the territorial body of the Ministry of the Interior at the request of the educational institution. An invitation to enter the Russian Federation for a foreign worker, with the exception of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa, in order to carry out labor activity issued by the federal executive body in the field of migration or its territorial body upon an application for an invitation filed by the employer or the customer of works (services) to the relevant body. The quota for issuing to foreign citizens, with the exception of foreign citizens who arrived in the Russian Federation in a manner that does not require a visa, invitations to enter the Russian Federation for the purpose of carrying out labor activities is annually approved by the Government of the Russian Federation on proposals from the executive bodies of state power of the constituent entities of the Russian Federation, taking into account the demographic situation in the corresponding subject of the Russian Federation and the possibilities of this subject for the arrangement of foreign citizens 2 .

The period of temporary stay of a foreign citizen in the Russian Federation is determined by the validity period of the visa issued to him, which cannot exceed ninety days for foreign citizens who arrived in the Russian Federation in a manner that does not require a visa, except in cases where the foreign citizen has entered into an employment contract or a civil law a contract for the performance of work (provision of services) in compliance with the requirements of the Federal Law (extended for the duration of the concluded contract, but not more than one year), and in cases provided for by the Federal Law 1 .

The period of temporary stay of a foreign citizen in the Russian Federation may be extended or shortened by the federal executive body in charge of foreign affairs, or by the federal executive body exercising law enforcement functions, functions of control, supervision and provision of public services in the field of migration or its territorial bodies in cases where the conditions have changed or the circumstances have ceased to exist in connection with which he was allowed to enter the Russian Federation 2 .

The period of temporary stay of certain categories of foreign citizens temporarily staying in the Russian Federation may be increased to one hundred and eighty days or reduced both on the territory of one or more constituent entities of the Russian Federation, and on the entire territory of the Russian Federation by the Government of the Russian Federation in order to ensure national security, maintain an optimal balance labor resources, assisting, as a matter of priority, the employment of citizens of the Russian Federation, as well as in order to solve other problems of internal and foreign policy states. A foreign citizen temporarily staying in the Russian Federation is obliged to leave the Russian Federation after the expiration of his visa or other period of temporary stay established by this Federal Law or an international treaty of the Russian Federation, except for cases when, on the day of the expiration of the indicated periods, the validity of his visa was extended or term of temporary stay, or he has been issued a new visa, or a temporary residence permit, or a residence permit, or he has received an application and other documents necessary for him to obtain a temporary residence permit in the manner prescribed by federal law 1 .

A foreign citizen temporarily residing in the Russian Federation is a person who has received a temporary residence permit. The concept of a temporary residence permit is understood as confirmation of the right of a foreign citizen or stateless person to temporarily reside in the Russian Federation until obtaining a residence permit, issued in the form of a mark in a document proving the identity of a foreign citizen or stateless person, or in the form of a document of the established form, issued in the Russian Federation to a stateless person who does not have a document proving his identity.

A temporary residence permit is issued to a foreign citizen by a territorial body of the federal executive body in charge of migration within the quota approved by the Government of the Russian Federation 2 . Without taking into account the quota approved by the Government of the Russian Federation, a temporary residence permit may be issued to a foreign citizen:

1) who was born on the territory of the RSFSR and was a citizen of the USSR in the past or was born on the territory of the Russian Federation;

2) recognized as disabled and having a capable son or daughter who is a citizen of the Russian Federation;

3) having at least one disabled parent who is a citizen of the Russian Federation;

4) married to a citizen of the Russian Federation who has a place of residence in the Russian Federation;

5) who has made investments in the Russian Federation in the amount established by the Government of the Russian Federation;

6) enrolled in military service for the duration of his military service;

7) who is a participant in the State Program to Assist Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Members of His Family Relocating Together with Him to the Russian Federation

8) in other cases provided for by federal law.

In accordance with paragraph 1 of Article 6 1 of the Federal Law "On the Legal Status of Foreign Citizens in Russia", a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa, with the exception of foreign citizens specified in paragraph 3 of Article 6 of this Federal Law, permission to temporary residence is issued without taking into account the quota approved by the Government of the Russian Federation. The same Federal Law provides in Article 7 grounds for refusal to issue or annul a temporary residence permit. The temporary residence permit is valid for three years. 1 At the same time, a foreign citizen temporarily residing in the Russian Federation is not entitled to own will change the place of his residence within the limits of the subject of the Russian Federation, on the territory of which he is allowed temporary residence, or choose the place of his residence outside the boundaries of the specified subject of the Russian Federation. So, if an employer - an organization located on the territory of one subject of the Russian Federation, attracts and uses foreign workers, then the direction of such workers by the employer to an object in another subject of the Russian Federation will be recognized as an administrative offense under Art. 18.15 of the Code of Administrative Offenses of the Russian Federation, unless the professions (positions) of these workers are included in Appendix No. 1 of the Order of the Ministry of Health and Social Development of Russia dated September 17, 2007 No. 607. If the professions of workers correspond to this order, then administrative responsibility under Art. 18.15 of the Code of Administrative Offenses of the Russian Federation cannot be imposed on the employer.

A foreign citizen permanently residing in the Russian Federation is a person who has received a residence permit. The concept of a residence permit means a document issued to a foreign citizen or stateless person to confirm their right to permanent residence in the Russian Federation, as well as their right to freely leave the Russian Federation and enter the Russian Federation. A residence permit issued to a stateless person is also a document proving his identity.

A residence permit may be issued to a foreign citizen upon his application to the territorial body of the federal executive body in the field of migration during the period of validity of the temporary residence permit and if there are legal grounds, provided that the foreign citizen has lived in the Russian Federation for at least one year for on the basis of a temporary residence permit and filed an application with the territorial body of the federal executive body in the field of migration, no later than six months before the expiration of the temporary residence permit. 1

A residence permit is issued to a foreign citizen for five years. Upon expiration of the residence permit, this period may be extended for five years at the request of a foreign citizen. The number of renewals of the residence permit is not limited. At the same time, a foreign citizen permanently residing in the Russian Federation is obliged to annually notify the territorial body of the federal executive body in charge of migration at the place where this foreign citizen received a residence permit 1 about confirming his residence in the Russian Federation.

The procedure for issuing a residence permit and the list of documents submitted simultaneously with an application for issuing a residence permit are approved by the Government of the Russian Federation, and Article 9 of the Federal Law “On the Legal Status of Foreign Citizens in Russia” establishes the grounds for refusing to issue or canceling a residence permit.

Thus, it can be concluded that, despite the active migration policy of the Russian state and fairly detailed legislative regulation in this area, issues related to the administrative and legal status of foreign citizens and stateless persons in the Russian Federation currently remain unresolved. Thus, there is no complete agreement in the Federal laws governing the status of these persons, in particular in the issue of the concept of a foreign citizen and a stateless person. This suggests that the legislation in this area still needs to be improved. It seems necessary to amend the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” regarding the definition of the concept of a foreign citizen. In our opinion, the wording should be changed to the following: "A foreign citizen is an individual who is not a citizen of the Russian Federation and has citizenship (nationality) of a foreign state." This will avoid discrepancies and ambiguous interpretations of the law.

§ 2. The order of entry of foreign citizens into the Russian Federation and exit from the Russian Federation.

One of the foundations of reasonable regulation of relations in the field of migration policy is, in our opinion, the definition of such fundamental institutions as the institutions of entry into the Russian Federation and exit from the Russian Federation of foreign citizens and stateless persons, since the legality of the stay of foreign citizens will depend on compliance with these legal norms. on Russian territory.

Article 24 of the Federal Law "On the procedure for leaving the Russian Federation and entering the Russian Federation" No. 114-FZ establishes that foreign citizens can enter the Russian Federation and leave the Russian Federation if they have a visa on valid documents proving their identity and recognized by the Russian Federation in this capacity, unless otherwise provided by international treaties of the Russian Federation.

The grounds for issuing a visa to a foreign citizen are:

1. An invitation to enter, which is issued:

By the body of foreign affairs (MFA) and, in cases provided for by law, by the body of internal affairs (MIA), upon request:

a) federal government bodies;

b) diplomatic missions and consular offices of foreign states in Russia;

V) international organizations and their representative offices in Russia, as well as representative offices of foreign states at international organizations located in Russia;

d) public authorities of the constituent entities of the Russian Federation (republican, regional and other bodies).

Territorial body of internal affairs at the request:

a) local governments;

b) legal entities, in a notification procedure registered with the internal affairs body;

c) citizens of the Russian Federation and foreign citizens permanently residing in the Russian Federation 1 ;

2. The decision of a foreign affairs body, a diplomatic mission or a consular institution of the Russian Federation, a representative office of a foreign affairs body within the border territory, at the request of a foreign citizen who is outside Russia, filed in connection with the need to enter for emergency treatment or due to a serious illness or death of a close relative;

3. The decision of the body of foreign affairs on the issuance of a visa to a foreign citizen, sent to a diplomatic mission or consular office of the Russian Federation;

4. The decision of the head of a diplomatic mission or consular office of the Russian Federation to issue a visa to a foreign citizen, taken in exceptional cases upon a written application of a foreign citizen;

5. The decision of the territorial body of internal affairs on the issuance of a permit for temporary residence in Russia to a foreign citizen;

6. Contract for the provision of tourist services and confirmation of the reception of a foreign tourist by an organization carrying out tourism activities;

7. Decision of the body of internal affairs on the recognition of a foreign citizen as a refugee upon an application submitted by a foreign citizen to a diplomatic mission or consular office of the Russian Federation.

Thus, a visa is a permit for entry and transit through the territory of the Russian Federation on a valid document proving the identity of a foreign citizen or stateless person and recognized by the Russian Federation as such 1 .

The visa contains the last name, first name, date of birth, gender, citizenship (nationality), number of the main document proving the identity of a foreign citizen, date of issue of the visa, permitted period of stay in Russia, number of the invitation to enter or decision of the state body, visa validity period, purpose of the trip , information about the inviting organization (inviting individual), visa entry 1 .

A visa is issued by a diplomatic mission, a consular office, a foreign affairs agency, an internal affairs agency, and can be single, double and multiple 2 .

A single-entry visa entitles a foreign citizen to cross the State Border of the Russian Federation once when entering and once when leaving Russia.

A double entry visa entitles a foreign citizen to double entry.

A multiple-entry visa entitles a foreign citizen to multiple (more than two times) entry.

The validity of a visa can be extended during the stay of a foreign citizen in the Russian Federation:

1) by the internal affairs body at the request in writing of a foreign citizen or at the request in writing of a public authority, local self-government body or legal entity;

2) by the federal body for foreign affairs, at the request in writing of the body for external relations (foreign affairs) of a foreign state, a diplomatic mission or consular office of a foreign state, a representative office of an international organization in the Russian Federation;

3) by a representative office of the federal body for foreign affairs within the border area upon a written application of a foreign citizen, or upon a written petition of a public authority, local government or legal entity, or upon a written request from a diplomatic mission or consular office of a foreign state, representative offices of an international organization in the Russian Federation;

4) border control authorities.

Exist different kinds visas allowing the entry of a foreign citizen into the Russian Federation.

1. A diplomatic visa is issued to a foreign citizen who has a diplomatic passport 1:

1) heads of foreign states, heads of governments, members of foreign official delegations, family members of the said persons traveling with them, and persons accompanying them for up to three months;

2) to diplomatic agents of diplomatic missions and consular officials of consular institutions, employees of representative offices of international organizations, family members of these persons for a period of up to three months;

3) foreign diplomatic and consular couriers for the duration of a business trip.

2. A service visa is issued to a foreign citizen who has a service passport.

Service visa is issued:

1) members of official foreign delegations, family members of the said persons traveling with them, and persons accompanying them for a period of up to three months;

2) employees of administrative and technical and service personnel diplomatic missions, consular employees and employees of service personnel of consular offices of foreign states, representative offices of international organizations and family members of these persons for a period of up to three months;

3) military personnel of the armed forces of foreign states and family members of these persons for a period of up to one year.

3. Ordinary visas are divided into private, business, tourist, study, work, humanitarian and asylum visas 1 .

An ordinary private visa is issued for a period of up to three months to a foreign citizen entering on a guest visit on the basis of an invitation to enter issued at the request of a citizen of the Russian Federation, or a foreign citizen who has received a residence permit in the Russian Federation, or a legal entity.

An ordinary business visa is issued for a period of up to one year to a foreign citizen entering for the purpose of business travel.

An ordinary tourist visa is issued for a period of up to one month to a foreign citizen entering as a tourist, if he has an agreement for the provision of tourist services and confirmation of acceptance by an organization engaged in tourism activities.

An ordinary tourist group visa is issued for a period of up to one month to a foreign citizen entering as a tourist as part of an organized tourist group (at least five people) in the presence of an agreement for the provision of tourist services and confirmation of acceptance by an organization engaged in tourism activities 2 .

An ordinary student visa is issued for a period of up to one year to a foreign citizen entering for the purpose of studying at an educational institution.

An ordinary work visa is issued to a foreign citizen entering for the purpose of carrying out labor activities for the duration of the employment contract, but not more than one year.

An ordinary humanitarian visa is issued for a period of up to one year to a foreign citizen entering for the purpose of scientific, or cultural, or socio-political, or sports, or religious ties and contacts, or pilgrimages, or charitable activities, or the delivery of humanitarian aid.

An ordinary entry visa for the purpose of obtaining asylum is issued to a foreign citizen for a period of up to three months if there is a decision of the federal internal affairs body to recognize this foreign citizen as a refugee on the territory of the Russian Federation.

4. A transit visa is issued for a period of up to ten days to a foreign citizen for the purpose of transit through the territory of the Russian Federation.

5. A visa of a temporary resident is issued for four months to a foreign citizen who is allowed to enter for temporary residence, within the quota for issuing permits for temporary residence or without taking it into account. If a foreign citizen was unable to enter the Russian Federation on time, but the grounds for obtaining such a visa were preserved, upon his application in writing, he may be issued a new visa of a temporary resident, valid for two months from the date of its issuance 1 .

If a temporary residence permit is not obtained for reasons beyond the control of a foreign citizen, the period of validity of the visa of a temporary resident is extended upon his application 2 .

When a foreign citizen receives a temporary residence permit, the territorial body of internal affairs extends the validity of the temporary resident's visa for the period of validity of the said permit.

Migration card - a document containing information about a foreign citizen or stateless person entering or arriving in the Russian Federation and the period of their temporary stay in the Russian Federation, confirming the right of a foreign citizen or stateless person who arrived in the Russian Federation in a manner that does not require a visa , for temporary stay in the Russian Federation, as well as an employee to control the temporary stay in the Russian Federation of a foreign citizen or stateless person 1

Upon entry, a foreigner is obliged to obtain and fill out a migration card, which will need to be handed over (returned) at the checkpoint across the State Border of the Russian Federation when a foreign citizen or stateless person leaves Russia. The migration card contains information about a foreign citizen and serves to control his temporary stay on the territory of the Russian Federation; it is filled out for each foreign citizen, regardless of age 2 .

Migration cards are not filled out upon entry and are not presented upon departure by heads of foreign states, heads of government, members of parliamentary and government delegations, heads of international organizations who entered at the invitation of federal state authorities and state authorities of the constituent entities of the Russian Federation, as well as family members of these persons; foreign citizens who entered for a period of not more than three days, with the exception of persons who applied for military service under a contract; sailors who are members of the crews of warships who arrived on an official or unofficial visit or on a business call, and members of the crews of military aircraft of foreign states; seafarers who are members of the crews of non-military ships of foreign states, in the event of going ashore and temporarily staying in the territory of a Russian port open for entry by non-military ships of foreign states, or a port city, or in case of going on excursions to urban or rural settlements for a period of not more than twenty four hours; aircraft crew members civil aviation, crews of trains and crews of vehicles participating in international traffic, while staying at airports or at stations indicated in the timetables (schedules) for the movement of these vehicles 1 .

The issuance of migration card forms to arriving foreign citizens is carried out by crew members of air (sea, river) vessels, members of train crews, drivers of public transport vehicles (buses), officials of the border control authority. The issuance and filling out of migration card forms can be carried out under the control of officials of immigration (border) control directly on board passenger sea (river) vessels, during the movement of trains, directly in the arrival halls of airports (sea, river ports, road crossings) before the start of border control 2.

Entry and exit parts of migration cards (coupons "A" and "B") are filled in personally by foreign citizens legibly, without blots and corrections with an ink or ballpoint pen with black, blue or purple ink (paste). If a foreign citizen does not speak Russian, it is allowed to fill in information about himself in Latin letters in accordance with the data indicated in the passport or other document proving his identity 1 .

The completed entry parts of migration cards (tickets “A”) with entry marks affixed to them are confiscated by border control officials from the holders upon entry and transferred to the immigration control post at the point of entry. Exit parts of migration cards (coupons "B") with marks of entry and registration at the place of stay affixed to them are kept by foreign citizens during the entire period of their stay in Russia and are handed over to officials of the border control authority when leaving when passing through border control at the checkpoint across the state border of the Russian Federation.

If a foreigner inadvertently damaged or lost a migration card, he is obliged to report this within three days to the territorial body of internal affairs at the place of registration, which, after checking passport data, will issue a duplicate of the migration card with a mark on registration and the corresponding entry in the column “For official marks."

A foreign citizen who entered in violation of the established rules or who does not have documents confirming the right to stay (residence) in the Russian Federation, or who has lost such documents and did not apply to the territorial internal affairs body, or who evades leaving after the expiration of the period of stay (residence), and who also violated the rules of transit through the Russian territory, is illegally located on the territory of the Russian Federation and is liable 2 .

With regard to a foreign citizen illegally staying on the territory of the Russian Federation, or a person who is not allowed to enter, as well as in the event that the stay (residence) of a foreign citizen legally staying in Russia poses a threat to the defense capability or security of the state, public order or public health , in order to protect the foundations of the constitutional order, morality, rights and legitimate interests other persons, a decision may be made on the undesirability of the stay (residence) of this foreign citizen in Russia. A foreign citizen, in respect of whom a decision has been made on the undesirability of stay (residence) in the Russian Federation, is obliged to leave the Russian Federation or will be deported.

And, by the way, the decision on the undesirability of the stay (residence) of a foreign citizen in the Russian Federation is the basis for the subsequent refusal to enter the Russian Federation.

I. Entry may be denied (at the discretion of the competent authorities) if the foreign citizen:

1) violated the rules of its crossing, customs rules, sanitary norms at the checkpoint across the Russian border - until the violation is eliminated;

2) used forged documents or knowingly provided false information about himself or about the purpose of his stay in Russia;

3) has an unexpunged or outstanding conviction for committing an intentional crime on the territory of Russia or abroad;

4) two or more times within three years was brought to administrative responsibility in accordance with Russian law for committing an administrative offense on the territory of Russia;

5) during the period of his previous stay in Russia, when leaving the Russian Federation, did not submit a migration card;

6) during the period of his previous stay in Russia, he evaded paying a tax or an administrative fine or did not reimburse the expenses associated with administrative expulsion from Russia or deportation - until the relevant payments are made in full.

II. Entry is not permitted if:

1) it is necessary in order to ensure the defense capability or security of the state, public order or the protection of public health;

2) during the period of his previous stay in Russia, the foreign citizen was subject to administrative expulsion or was deported - within five years from the date of administrative expulsion or deportation;

3) the foreign citizen has an outstanding or unexpunged conviction for committing a grave or especially grave crime in the territory of Russia or abroad;

4) a foreign citizen has not submitted the documents required for obtaining a visa in accordance with Russian law - before submitting them;

5) the foreign citizen has not submitted a health insurance policy valid for Russian territory, - prior to its submission, with the exception of employees of diplomatic missions and consular offices of foreign states, employees of international organizations, family members of these persons and other categories of foreign citizens;

6) when applying for a visa or at a checkpoint across the Russian border, a foreign citizen was unable to confirm the availability of funds for living in Russia and subsequent departure or to present guarantees for the provision of such funds;

7) in relation to a foreign citizen, a decision has been made on the undesirability of stay (residence) in the Russian Federation.

III. Departure may be restricted in cases where a foreign citizen 1:

1) in accordance with Russian law, detained on suspicion of committing a crime or charged as an accused - until a decision is made on the case or until a court verdict enters into legal force;

2) convicted for committing a crime on Russian territory - until the serving (execution) of the sentence or until the release from punishment;

3) evades the fulfillment of obligations imposed on him by the court - until the fulfillment of obligations or until an agreement is reached by the parties;

4) failed to fulfill the obligations under the Russian legislation to pay taxes - until the fulfillment of these obligations.

According to the Office of the Federal Migration Service for the Tver region, the following statistics for April 2010 can be cited:

    put on the migration register of foreign citizens and stateless persons - 5429;

    issued work permits for foreign citizens - 849;

    issued temporary residence permits - 491;

    issued residence permits - 70;

    expelled - 23;

    admitted to the citizenship of the Russian Federation - 320. 2

Summing up, it should be noted that at present the procedure for entry into the Russian Federation and exit from the Russian Federation is regulated in sufficient detail. At the same time, attention is drawn to the observance of all formalities by persons entering Russia, since the legality of the subsequent stay of a foreign citizen or stateless person on the territory of Russia depends on this.

§ 3. Basic rights, freedoms and obligations of foreign citizens and stateless persons in the Russian Federation.

As already noted, foreign citizens and stateless persons in the Russian Federation enjoy rights and bear obligations on an equal footing with citizens of the Russian Federation, except in cases established by federal law or an international treaty 1 .

The Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" establishes some restrictions on the rights and freedoms of foreign citizens, but at the same time exempts them from certain obligations that arise only if they have Russian citizenship.

Foreign citizens in the Russian Federation do not have the right to:

    Elect and be elected to federal state authorities, state authorities of the constituent entities of the Russian Federation

    Participate in the referendum of the Russian Federation and referendums of the constituent entities of the Russian Federation, however, foreign citizens permanently residing in the Russian Federation have the right to elect and be elected to local self-government bodies, as well as participate in a local referendum, in the cases and in the manner prescribed by federal laws.

    They cannot be called up for military service (alternative civil service), but, given the contractual basis for the formation of part of the troops of the Armed Forces of the Russian Federation, they can be recruited into the troops, military formations and bodies as civilian personnel, they can also enter military service under a contract. Foreign citizens perform military service under a contract in military positions to be replaced by soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation, other troops, military formations and bodies. In this regard, we can conclude that the movement of military personnel - foreign citizens in the service can be carried out within the framework of only one composition of military personnel - soldiers, sailors, sergeants, foremen.

Capable foreign citizens and stateless persons who have reached the age of eighteen and claim to acquire the full legal status of a citizen of the Russian Federation are entitled to apply for admission to the citizenship of the Russian Federation. For those who came to us after July 1, 2002, a mandatory condition is that they must continuously reside on the territory of the Russian Federation for five years from the date of receipt of a residence permit 1 .

This rule does not apply to persons:

having at least one parent - a citizen of the Russian Federation residing on the territory of the Russian Federation;

who had the citizenship of the USSR, who lived and live in the states that were part of the USSR, who did not receive the citizenship of these states and, as a result, remained stateless;

born on the territory of the RSFSR and having the citizenship of the former USSR;

married to a citizen of the Russian Federation for at least three years;

disabled and having capable, who have reached the age of eighteen years and are citizens of the Russian Federation, a son or daughter.

Of course, the applicant is obliged to comply with the legislation of the Russian Federation, have a legal source of income, renounce his other citizenship and speak Russian.

Decisions on citizenship issues are made by the President of the Russian Federation within a period of up to one year from the date of application.

The above categories of citizens have the right to acquire citizenship of the Russian Federation in a simplified manner, that is, without mandatory compliance with all conditions within six months from the date of application and all required documents 1 . The decision on admission to the citizenship of the Russian Federation in a simplified manner is made by the federal executive body authorized to exercise the functions of control and supervision in the field of migration, and its territorial bodies, that is, the Federal Migration Service of the Russian Federation, while the decision to grant citizenship in general order accepted by the President of the Russian Federation.

For veterans of the Great Patriotic War, who had the citizenship of the former USSR and live on the territory of the Russian Federation, there is only one condition - it is imperative to comply with the Constitution and legislation of the Russian Federation.

Without observing any conditions, only at the request of a parent, guardian or custodian who has citizenship of the Russian Federation, children and incapacitated persons who are considered foreign citizens or stateless persons receive citizenship of the Russian Federation.

Persons who had USSR citizenship, arrived in the Russian Federation from the states that were part of the USSR, and were registered at the place of residence in the Russian Federation as of July 1, 2002, or who received a temporary residence permit in the Russian Federation or a residence permit, were given the opportunity to apply on admission to the citizenship of the Russian Federation without observing the conditions on the period of residence, source of livelihood and language.

Foreign citizens have the right to freedom of movement for personal and business purposes within the Russian Federation, with the exception of visiting territories, organizations and facilities that require special permission to enter 1 .

In accordance with Decree of the Government of the Russian Federation of October 11, 2002 No. 754 “On Approval of the List of Territories, Organizations and Objects for the Entry of which Foreign Citizens Require a Special Permit”, such territories, organizations and objects include:

Territories of closed administrative-territorial formations;

Territories with regulated visits for foreign citizens;

Territories in which a state of emergency or martial law has been introduced;

Territories where, in the event of a danger of the spread of infectious and mass non-communicable diseases and poisoning of people, special conditions and regime of stay have been introduced;

Territories of closed military camps;

Territories (objects) within which (on which) the legal regime of the counter-terrorist operation has been introduced;

Ecological disaster zones;

border zone;

Objects and organizations of the Armed Forces of the Russian Federation, other troops and military formations;

Objects that house public authorities and other bodies and organizations that carry out work related to the use of information constituting a state secret;

Other territories, organizations and facilities for which Russian citizens need special permission to visit.

A foreign citizen temporarily residing in the Russian Federation is not entitled, at his own request, to change his place of residence within the territory of the constituent entity of the Russian Federation on whose territory he is permitted to temporarily reside, or to choose his place of residence outside the boundaries of the said constituent entity of the Russian Federation 1 .

Foreign citizens who are 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 visiting territories, organizations and objects requiring special permission to enter 2 .

Federal Law No. 109-FZ of July 18, 2006 “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” establishes that foreign citizens permanently or temporarily residing in the Russian Federation are subject to registration at the place of residence and registration at the place of stay, and foreign citizens temporarily staying in the Russian Federation - to be registered at the place of stay.

Foreign citizens enjoy the right to freely dispose of their abilities for work, choose the type of activity and profession, as well as the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law, subject to the restrictions provided for by federal law 1 .

At the same time, a foreign citizen has the right to carry out labor activities in the presence of a work permit. Such permission is not required for foreign citizens 2:

Permanently residing in the Russian Federation;

Members of the State Program to Assist Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Their Family Members Relocating Together with Them to the Russian Federation;

Those who are employees of diplomatic missions, employees of consular offices of foreign states in the Russian Federation, employees of international organizations, as well as private domestic workers of these persons;

Being employees of foreign legal entities (manufacturers or suppliers) performing installation (supervised) work, service and warranty services, as well as post-warranty repairs of technical equipment supplied to the Russian Federation;

who are journalists accredited in the Russian Federation;

Studying in the Russian Federation in educational institutions of vocational education and performing work (providing services) during the holidays;

Studying in the Russian Federation in educational institutions of vocational education and working in their free time as teaching and support staff in those educational institutions in which they study;

Invited to the Russian Federation as teachers to conduct classes in educational institutions, with the exception of persons entering the Russian Federation to engage in teaching activities in institutions of professional religious education (spiritual educational institutions).

At the same time, a foreign citizen temporarily residing in the Russian Federation is not entitled to work outside the boundaries of the subject of the Russian Federation, on the territory of which he was issued a work permit, and a foreign citizen temporarily residing in the Russian Federation - outside the boundaries of the subject of the Russian Federation, on the territory of which he is allowed temporary accommodation 1 .

Decree of the Government of the Russian Federation of February 17, 2007 No. 97 “On establishing cases of employment by a foreign citizen or stateless person temporarily staying (living) in the Russian Federation, outside the subject of the Russian Federation, on the territory of which they were issued a work permit (allowed temporary residence)" establishes that a foreign citizen temporarily staying and temporarily residing in the Russian Federation has the right to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation, on the territory of which he was issued a work permit or a temporary residence permit, respectively, in the event of being sent on a business trip, as well as in the event that the permanent work is carried out by the employee on the road or is traveling in nature and this is determined by him employment contract. At the same time, restrictions were established on the duration of labor activity outside the specified subject of the Russian Federation 2 .

The employer and the customer of works (services) have the right to attract and use foreign workers only if they have permission to attract and use foreign workers. However, foreign citizens who arrived in the Russian Federation in a manner that does not require a visa and who have a work permit can be attracted and used to carry out labor activities without obtaining a permit to attract and use foreign workers, but with mandatory notification of such attraction and use of the territorial body of the federal executive body in the field of migration and the executive body in charge of employment issues in the relevant subject of the Russian Federation. At the same time, a foreign citizen temporarily staying in the Russian Federation is not entitled to carry out labor activities outside the boundaries of the subject of the Russian Federation, on the territory of which he was issued a work permit 1 . There are exceptions established by Order No. 607 of September 17, 2007 of the Ministry of Health and Social Development of the Russian Federation “On establishing lists of professions (positions) and jobs in the performance of which a foreign citizen or stateless person temporarily staying (living) in the Russian Federation, in cases established by the government of the Russian Federation, they have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation, on the territory of which they were issued a work permit (temporary residence was allowed)”.

The difficult situation with illegal labor migration that has developed in Russia should be noted. This problem is one of the most important, if not the most important issue in the field of migration, which requires clear and targeted measures and the most effective regulatory settlement, changes in the state policy of Russia in this area. It should also be noted that recent changes in the federal legislation in the field of migration, in particular changes in the system of migration registration of foreign citizens, the introduction of the so-called information procedure for migration registration have shown that the state is taking steps to resolve this issue. In our opinion, this issue will not be resolved only by a clear regulatory settlement of the legal status of foreign citizens. It must be assumed that the attitude of the same foreign citizens to “bureaucratic red tape” should be changed, the outlook on this issue should change, because before the change in legislation it was practically impossible for a foreign citizen, for example, to obtain registration at the place of stay on time, in compliance with all the rule of law and this made it possible for “not clean hands” subjects to use this problem for selfish purposes. Now more or less acceptable conditions have been created, which in the future can serve as the basis for a radical revision and improvement of migration policy, as well as an effective fight, and ultimately the achievement of the absence of such a phenomenon as illegal migration. 1 One of the effective activities of the state in this area is the legalization of foreign citizens who have already violated the law. At the request of the leaders of the Federal Migration Service, a draft document is being prepared to implement these goals. Some experts believe that one of the serious reasons for illegal labor migration is the problem of housing, that is, the lack of sufficiently cheap housing for people who come here to earn money. In some countries, this problem is solved by creating special settlements. Igor Yunash, Deputy Director of the Federal Migration Service, commented on this issue: “Both abroad and in our country, the picture is approximately the same. One of the few exceptions is Germany, where such settlements do exist. But the general practice is this: housing is the concern of the employee and the employer. The state is not responsible for business. But now we have a lot of people who are trying to solve this problem in an organized manner. We have already been approached by several structures that offer to create something like migration exchanges or migration centers, where a citizen who wants to work in the Russian Federation could come and settle. There will be representatives of the migration service, passport. Medical and other services may be provided. Structures could also work there, which, if necessary, will find a job for a person. Such centers are proposed to be created first in those settlements where there is a special need for labor. But it will be a private business, an initiative of individuals or organizations. But not the state. 1 However, on the example of some countries, such as Italy, one can see that the best way out of this situation is simply to encourage the creation of cheap hotels in every possible way. And not especially for foreigners. At the first stage, internal migrants also need cheap housing. Students can also stay there. At the same time, the problem of providing housing should by no means be elevated to the state level. This, as already noted, should be an initiative of business, individuals.

In accordance with Article 14 of the Federal Law of July 25, 2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", a foreign citizen is not entitled to 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 state or experimental aviation, civil aviation aircraft commander 2 .

Article 56 of the Code of Merchant Shipping of the Russian Federation prohibits foreign citizens from filling the positions of ship captain, chief mate, chief engineer and radio specialist as part of the crew of a vessel flying the State Flag of the Russian Federation.

A foreign citizen is not entitled to be employed at facilities and organizations whose activities are related to ensuring the security of the Russian Federation. Among such facilities and organizations, Decree of the Government of the Russian Federation of October 11, 2002 No. 755 “On approval of the list of facilities and organizations in which foreign citizens do not have the right to be employed” includes facilities and organizations of the Armed Forces of the Russian Federation, other troops and military formations, structural subdivisions for the protection of state secrets and subdivisions that carry out work related to the use of information constituting a state secret, state authorities and organizations, as well as organizations that include hazardous radiation and nuclear hazardous production facilities and facilities where development is carried out , production, operation, storage, transportation and disposal of nuclear weapons, radiation hazardous materials and products. 1

Responsibility for health insurance. In accordance with the Law of the Russian Federation of June 28, 1991 No. 1499-1 "On the health insurance of citizens in the Russian Federation", foreign citizens temporarily staying in the Russian Federation must be insured under the health insurance system.

The special requirement of health insurance does not apply to foreign citizens:

Living in the Russian Federation for a total of more than 183 days in a calendar year;

Working in the Russian Federation under employment contracts;

Being on business trips in foreign diplomatic missions, consular offices, international organizations accredited by the Ministry of Foreign Affairs of the Russian Federation;

Those staying in the Russian Federation on an official visit;

Those who are in the Russian Federation at the invitation of employees of foreign diplomatic missions, consular offices and international organizations accredited with the Ministry of Foreign Affairs of the Russian Federation;

Eligible for free provision medical care(including medical and transport services) in accordance with international treaties of the Russian Federation.

Legislative acts of the Russian Federation shall be applied in respect of the said foreign citizens in accordance with the generally established procedure 1 .

Medical insurance of foreign citizens temporarily staying in the Russian Federation provides for the provision of medical assistance to them, including medical and transport services. The scope of medical care for insured foreign citizens should include at least:

Medical assistance provided by stations (departments, points) of emergency medical care;

Medical assistance in outpatient and inpatient medical institutions in case of a sudden health disorder and accidents to the extent necessary to eliminate the threat to the patient's life and (or) relieve acute pain;

Transportation by medical transport or other vehicle, including medical escort (medical team, doctor, nurse), from the place of illness (incident) to a medical institution;

Posthumous repatriation (transportation) of the remains.

Speaking about the rights and obligations of foreign citizens and stateless persons, it should be noted that the Constitution provides these persons with national treatment. This is indicated in Part 3 of Art. 62 of the Constitution of the Russian Federation, as well as in Part 2 of Art. 2 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation", which states that foreign citizens and stateless persons enjoy the rights and bear obligations on an equal basis with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation. These are exactly the cases discussed above. Meanwhile, this national regime is not always observed by the state authorities of the Russian Federation. Often, the possibility of exercising certain rights is made dependent on the citizenship of a person. This phenomenon is non-legal and must be eradicated. This is intended to contribute to the administrative regulations of public authorities. In addition, in our opinion, it would be necessary to establish the responsibility of officials of state and municipal authorities for violation and infringement of the rights of persons who do not have Russian citizenship. Thus, an article should be introduced into the Code of Administrative Offenses of the Russian Federation, in Chapter 5, according to which the violation of the rights and freedoms of foreign citizens and stateless persons, obstruction in the exercise of their rights by an official of a state or municipal authority entails the imposition of an administrative fine on officials persons in the amount of thirty to fifty thousand rubles.

We also believe that it is necessary to introduce an article into Chapter 19 of the Criminal Code of the Russian Federation “Crimes against the Constitutional Rights and Freedoms of Man and Citizen”, according to which the violation of the rights and freedoms of foreign citizens and stateless persons, obstruction in the exercise of their rights, by an official of a state or municipal body authorities, if this caused significant damage, should be punished by imprisonment for a certain period, or a less severe punishment.

Chapter 2. Administrative responsibility of foreign citizens and stateless persons.

§ 1. Administrative expulsion of foreign citizens and stateless persons as a measure of administrative responsibility and problems of its application.

In accordance with Part 3 of Article 62 of the Constitution of the Russian Federation, as well as Article 4 of the Law "On the Legal Status of Foreign Citizens in Russia", foreign citizens enjoy rights in the Russian Federation and bear obligations on an equal basis with citizens of the Russian Federation, except for cases provided for by federal law. This means that responsibility also applies equally to citizens and foreign citizens (stateless persons). But this issue reveals the peculiarities of the administrative and legal status of foreign citizens and stateless persons. This feature is a special measure of punishment, which can only be imposed on foreign citizens (stateless persons) - administrative expulsion. Administrative expulsion from the Russian Federation of foreign citizens or stateless persons consists in the forced and controlled movement of these citizens and persons across the State Border of the Russian Federation outside the Russian Federation, and in cases provided for by the legislation of the Russian Federation, in the controlled independent departure of foreign citizens and stateless persons. citizenship from the Russian Federation 1 . This punishment applies only to foreign citizens and stateless persons.

Such punishment is provided for by the Code of Administrative Offenses of the Russian Federation for violation of the regime of the State Border of the Russian Federation (Part 2 of Article 18.1.); violation of the regime at checkpoints across the State Border of the Russian Federation (Part 2 of Article 18.4.); violation by a foreign citizen or stateless person of the regime of stay in the Russian Federation (Article 18.8.); violation by a foreign citizen or stateless person of the rules for attracting and using foreign labor in the Russian Federation (Part 2 of Article 18.10.); violation of immigration rules (Article 18.11.). In all articles of the Code of Administrative Offenses of the Russian Federation containing such a punishment as administrative expulsion from the Russian Federation, it is fixed as a possible additional punishment along with the main punishment - an administrative fine 2 .

It should be borne in mind that when appointing an administrative expulsion, the court or an official must examine all the circumstances. So,

By a decision of a judge of the Leninsky District Court of Novorossiysk dated April 12, 2005, citizen D. was found guilty of an administrative offense under Part 2 of Art. 18.10 of the Code of Administrative Offenses of the Russian Federation, expressed in the implementation by a foreign citizen of labor activity in the Russian Federation without a work permit, and she was sentenced to an administrative penalty in the form of a fine of 2,500 rubles with administrative expulsion from the Russian Federation.

By the decision of the judge of the Krasnodar Regional Court of April 21, 2005, the decision of the judge of the district court of April 12, 2005 was upheld.

On May 31, 2005, the Deputy Chairman of the Krasnodar Regional Court upheld D.'s complaint.

In her complaint, D. raises the issue of annulment of court decisions, pointing out that she is not guilty of committing an administrative offense, and deportation from the Russian Federation deprives her of the opportunity to lead a joint family life with her husband, a citizen of the Russian Federation.

Having studied the materials of the case, the Supreme Court of the Russian Federation found the complaint subject to satisfaction regarding the exclusion from the court decisions of administrative expulsion from the Russian Federation on the following grounds.

It appears from the case file that D. is married to D., a citizen of the Russian Federation, with whom they have three minor children. They live together in a household belonging to them on the right of ownership at the address: Novorossiysk, st. Vasenko, 43,

When deciding on the appointment of D. an additional administrative penalty in the form of deportation from the Russian Federation, the judge did not investigate the circumstances that D. family life with D. - a citizen of the Russian Federation. In violation of the requirements of paragraph 7 of Art. 26.1 of the Code of Administrative Offenses of the Russian Federation on the need to clarify the circumstances that are important for the correct resolution of the case, the judge did not take measures to summon D. to the court session, obtain and study other data that make it possible to assess the need for sentencing in the form of administrative expulsion from the Russian Federation as the only measure in order to achieve a fair balance of public and private interests in the framework of administrative proceedings.

Clarification of these issues is required due to the fact that in accordance with Part 2 of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (concluded in Rome on 04.11.1950) interference by public authorities with the exercise of the right to respect for family life is not allowed, except in cases where such interference is prescribed by law and necessary in a democratic society in the interests of national security and public order, the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Thus, the application in this case of additional punishment in the form of administrative expulsion from the Russian Federation entails a violation of existing family relations and prevents family reunification.

In this regard, the decision of the judge of the Leninsky District Court of Novorossiysk of April 12, 2005 and the decision of the judge of the Krasnodar Regional Court of April 21, 2005 in the case of administrative offense, under Part. 2 Article. 18.10 of the Code of Administrative Offenses of the Russian Federation, in relation to D., it was changed, the indication of the appointment of D. of an additional administrative punishment in the form of deportation from the Russian Federation was excluded from them. 1

Administrative expulsion from the Russian Federation is appointed by a judge, and in the event that a foreign citizen or stateless person commits an administrative offense when entering the Russian Federation, by competent officials of the executive authorities. Such officials are employees of the border authorities endowed with the necessary powers.

It is obvious that the judge (official of the border service), considering the case of the relevant administrative offense, has the right to limit himself to applying only a fine to the guilty foreign citizen or stateless person and not to impose an additional punishment in the form of administrative expulsion from the Russian Federation 1 .

However, when drawing up a protocol on an administrative offense and issuing a decision on bringing to administrative responsibility, it is necessary to carefully observe the procedural norms of administrative law, since the protocol and the decision drawn up by an improper person can subsequently be canceled only on procedural grounds, even despite the presence of an offence. Thus, by the decision of the judge of the Proletarsky District Court of the city of Tver dated July 1, 2004 N-in A.U. for committing an offense under Art. 18.8 of the Code of Administrative Offenses of the Russian Federation was subjected to administrative punishment in the form of a fine of 500 rubles with administrative expulsion from the Russian Federation. In a complaint against the decision of H-in A.U. asks to cancel the decision of the judge in terms of deportation from the Russian Federation, indicating that he wants to stay in the city of Tver, where his actual wife and child live, intends to register.

Having studied the materials of the case, having heard N-va A.U., who supported the arguments of the complaint, found the decision to be canceled, and the case to be sent for a new consideration.

actions N-va A.U. qualified under Art. 18.8 of the Code of Administrative Offenses of the Russian Federation as a violation of the established regime of stay in the Russian Federation.

As follows from the case file, the protocol on an administrative offense under Art. 18.8 of the Code of Administrative Offenses of the Russian Federation in relation to it was drawn up by the district police officer of the Proletarsky District Department of Internal Affairs of the city of Tver.

Meanwhile, according to part 1 of Art. 28.3 of the Code of Administrative Offenses of the Russian Federation protocols on administrative offenses, provided for by Art. 18.8 of the Code of Administrative Offenses of the Russian Federation are drawn up by officials of the bodies authorized to consider cases of administrative offenses in accordance with Chapter 23 of the Code of Administrative Offenses of the Russian Federation, within the competence of the relevant body, and also by virtue of subpara. 15 hours 2 tbsp. 28.3 of the Code of Administrative Offenses of the Russian Federation officials of bodies authorized in the field of migration of the population.

According to Art. 23.3 of the Code of Administrative Offenses of the Russian Federation cases of administrative offenses under Art. 18.8 of the Code of Administrative Offenses of the Russian Federation have the right to consider the heads of territorial departments / departments / of internal affairs and equivalent internal affairs bodies, their deputies, heads of territorial police departments, their deputies, heads of linear departments of internal affairs in transport, their deputies.

According to the List of officials of the internal affairs bodies of the Russian Federation and military personnel of the internal troops of the Ministry of Internal Affairs of Russia authorized to draw up protocols on cases of administrative offenses provided for by the Code of the Russian Federation on Administrative Offenses, approved by order of the Ministry of Internal Affairs of the Russian Federation of August 21, 2002 N 803, the right to draw up protocols on administrative offenses provided to federal civil servants of the Federal Migration Service of the Ministry of Internal Affairs of Russia and the migration departments of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation.

By virtue of paragraphs 1, 2 of the said List, employees of duty units, inquiry units, district police officers are not given the right to draw up protocols on administrative offenses under Art. 18.8 of the Code of Administrative Offenses of the Russian Federation.

Considering that the protocol on an administrative offense was drawn up by a person who was not entitled to draw up the said protocol, which is a significant violation of the procedural requirements, entailing the illegality of the judge's decision to bring N-va A.U. to administrative responsibility, the decision of the judge is subject to cancellation, and the case by virtue of paragraph 4 of Art. 30.7 of the Code of Administrative Offenses of the Russian Federation to the direction for a new consideration to the judge of the Proletarsky District Court of the city of Tver. 1

The content of administrative expulsion from the Russian Federation is quite specific. It consists, as already mentioned, in the controlled movement of a foreign citizen (stateless person) from the territory of the Russian Federation across the State Border of the Russian Federation. The transfer can be carried out forcibly and by controlled independent departure of the person being expelled from the Russian Federation. If the person being expelled from Russia does not have the necessary funds and it is impossible to identify the party that invited him to Russia, the movement of the person being expelled across the State Border of the Russian Federation is carried out at the expense of the federal budget 2 .

Funds allocated from the federal budget for administrative expulsion measures are spent on the purchase of travel documents for the person being expelled (and in cases established by the legislation of the Russian Federation, also travel documents for an official of the internal affairs body accompanying the foreign citizen or stateless person who is being expelled) ; maintenance of the person being expelled until the execution of the decision on administrative expulsion; registration of documents necessary for the implementation of expulsion; commission of other actions directly related to expulsion 3 .

In the event of an administrative expulsion of a foreign citizen engaged in labor activity in the Russian Federation without a work permit, the funds spent from the federal budget to ensure the departure of a foreign citizen by the appropriate mode of transport from the Russian Federation are subject to recovery in court from the employer or customer of works (services), involved the specified foreign citizen in labor activity, at the claim of the body that executed the decision on the administrative expulsion of the specified foreign citizen 1 .

Administrative expulsion as a measure of administrative punishment should not be confused with a measure of administrative restraint applied by authorized officials of the border authorities and border troops and related to the transfer of foreign citizens and stateless persons who violated the regime of the State Border of the Russian Federation to the authorities of the state from whose territory they crossed the State Border RF 2 .

The decision on administrative expulsion from the Russian Federation of foreign citizens or stateless persons is executed by officials:

    border authorities - when committing administrative offenses related to violation of the regime of the State Border of the Russian Federation (Part 2 of Article 18.1 of the Code of Administrative Offenses of the Russian Federation) and violation of the regime at checkpoints across the State Border of the Russian Federation (Part 2 of Article 18.4 of the Code of Administrative Offenses of the Russian Federation);

    internal affairs bodies - in the event of administrative offenses related to the violation by a foreign citizen or stateless person of the regime of stay in the Russian Federation (Article 18.8 of the Code of Administrative Offenses of the Russian Federation), violation of the rules for attracting and using foreign labor in the Russian Federation (Part 2 of Article 18.10.), Violation immigration rules (Article 18.11.) 1 .

Execution of the decision on administrative expulsion from the Russian Federation of a foreign citizen or stateless person is carried out by official transfer of a foreign citizen or stateless person to a representative of the authorities of a foreign state to whose territory the specified person is being expelled, or by independent departure of a person subject to administrative expulsion from the Russian Federation 2. The administrative expulsion of a foreign citizen or stateless person from a checkpoint across the State Border of the Russian Federation shall be notified to the authorities of the foreign state to or through the territory of which the said person is being expelled (if administrative expulsion is provided for by an international treaty between the Russian Federation and that state).

If the transfer of a person subject to administrative expulsion from the Russian Federation to a representative of the authorities of a foreign state is not provided for by an international treaty between the Russian Federation and that state, the administrative expulsion of a person is carried out at a place determined by the border authorities 3 .

The execution of a decision on administrative expulsion from the Russian Federation of a foreign citizen or stateless person is drawn up in the form of a bilateral or unilateral act, which is attached to the decision. Prior to administrative expulsion from the Russian Federation, foreign citizens or stateless persons may, by a court decision, be kept in special premises provided for the detention of persons subjected to administrative detention 1 .

When determining the legal nature of administrative expulsion, many authors limited themselves to pointing out its administrative-punitive nature. At the same time, the essential elements of this measure of administrative responsibility were practically not covered in the literature.

The main result of the expulsion is the actual transfer of a foreign citizen outside the Russian Federation. However, in addition, the norm of paragraph 2 of Part 1 of Art. 27 of the Federal Law of July 18, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” establishes a five-year moratorium on the entry of such a person into Russia. Consequently, a foreigner cannot carry out any activity on Russian territory during the specified period. He is also deprived of the opportunity to apply for Russian citizenship. These measures seem to be quite justified. The state, ensuring the procedure for the stay (residence) of foreign citizens, of course, has the right to restrict the rights of those who do not recognize the foundations of its legal order 2 . Some questions are raised by the rule on a five-year ban on entry. The term itself is quite justified, since it seems to be sufficient to punish a foreign citizen guilty of violating immigration laws, but the relevant provision of the Law on the Procedure for Departure contradicts a number of provisions of the Code of Administrative Offenses of the Russian Federation. Norms h. 1 Art. 1.1 and Art. 1.3 of the Code of Administrative Offenses of the Russian Federation leaves no doubt that only in this law it is possible to establish the types of administrative penalties, the rules and consequences of their application. The last statement is also connected with the one enshrined in Art. 4.6 of the Code of Administrative Offenses of the Russian Federation by the institution of administrative delinquency. Its essence lies in the fact that a person is considered subjected to administrative punishment within one year from the date of completion of the execution of the decision on his appointment. That is, after a one-year period, the offender ceases to experience the negative consequences caused by the application of a measure of administrative responsibility to him 1 . There are no exceptions for administrative expulsion of the Code of Administrative Offenses. In practice, for foreign citizens expelled from Russia, the term of administrative punishment is extended contrary to Art. 4.6 of the Code of Administrative Offenses of the Russian Federation for several more years (up to 5 years from the date of execution of the sentence). Moreover, this happens on the basis of the Law on the Order of Departure.

To resolve this contradiction, an analogy with the criminal liability of foreign citizens is appropriate. Foreigners with an outstanding or unexpunged conviction for committing a grave or especially grave crime (clause 3, part 1, article 27 of the Law on the Procedure for Departure) are also prohibited from entering Russia. A similar principle should also form the basis of the ban on visiting the country for foreigners subjected to administrative expulsion. Why do we need appropriate changes to the Code of Administrative Offenses of the Russian Federation, extending the administrative delinquency for deported persons.

The analogy with criminal liability in this case is not accidental. Administrative expulsion is one of the heaviest administrative penalties. I.V. Maksimov even described it as a measure "rather severe (almost exceptional)" 2 . The doctrine drew attention to the fact that in the system of administrative punishments there are only two measures that directly restrict the personal freedom of a person - these are administrative arrest and administrative expulsion. The severity of the latter is indicated by the place it occupies in the system of administrative sanctions. According to D.N. Bahrakh, “just as it is done in criminal and labor law, in the Code of Administrative Offenses the list of punishments is given in a certain sequence: from the opinions of the harshest to the harshest” 1 . I.V. Maksimov also attached great importance to this approach 2 . For example, the choice between an administrative fine and expulsion, as a general rule, should be decided in favor of the first as a milder one, and only in extreme cases is the second measure allowed. In the ladder of administrative penalties, expulsion ranks seventh (third from the bottom). Not all administrative experts agree with the existence of a system of punishments in the Code of Administrative Offenses of the Russian Federation, built on the “aggravating” principle, but even with this approach, administrative expulsion takes its position by right. Moreover, it could well take the last place as the heaviest punishment.

Let us dwell on some general theoretical statements. The content of administrative penalties lies in their punitive nature. This points to common nature measures of administrative and criminal liability. Thus, a well-known specialist in the field of criminal law M.D. Shargorodsky wrote: "Only criminal law and that part of administrative law, which concerns administrative violations, provides for the use of measures of repression ... Punishment is the deprivation of the offender of any benefits belonging to him and expresses a negative assessment of the offender and his deeds by the state. Punishment inevitably causes suffering to the person to whom it is applied. It is this property that is a necessary sign of punishment, makes it a punishment” 3 . The last judgment is also relevant to administrative sanctions. The fact is that a foreign offender has a will and consciousness, and the punishment affects, first of all, precisely these qualities. This manifests the coercive properties of measures of responsibility associated with a number of deprivations, which can be both external (restrictions of a physical, material nature) and internal (impact on the will). A person is able to experience what he has done, and the experience of an offense should cause negative emotions, the result of which will be awareness of the negative consequences of an illegal act. Punishment without punishment turns into indefinite legal form coercion, since it is exhausted by the impact on the object, which is understood not systemically, but as something one-sided, like a physical body. A sanction that does not cause suffering is meaningless, which is why it would not be a punishment.

It should be noted that any punishment is a punishment for the guilty unlawful act of a particular subject. It is the offenders that are punished by the state, forcing them to endure the negative consequences of such acts, including being aware of their undesirable nature. It seems that it is in this aspect that it is necessary to distinguish between criminal and administrative responsibility, as well as other types of state coercion. Thus, measures of administrative coercion that are not administrative penalties should not be punitive. Even with the provision of proceedings in cases of administrative offenses, the state does not punish the offender. Punishment for him will come later, after the appointment of an administrative punishment. It seems that punishment can also indicate the substantive differences between the categories of deportation and expulsion. Both concepts are manifestations of administrative coercion, but deportation, unlike expulsion, should be devoid of a punitive burden. Since the basis for deportation is not an offense, there is nothing to punish a foreigner expelled in this way. This does not at all rule out the presence of negative experiences for a foreign citizen subjected to deportation, especially since the form of its implementation coincides with the form of administrative expulsion. Therefore, deportation should be applied in isolated cases and for purposes that outweigh the consequences of the procedure for its implementation. The state has the right to protect itself from a foreigner who poses a threat to its legal order without waiting until he commits an illegal act, but this must be done reasonably, both normatively and factually 1 .

Crimes and administrative offenses differ in the degree of public danger: the former always cause more harm to protected public relations than the latter. According to the same criterion, the punitive influence of the state on criminals and administrative delinquents also differs. It is important that administrative punishment inflicts less deprivation than a criminal sanction. Otherwise, the distinction between them is erased. Nevertheless, when establishing the ladder of administrative penalties, the legislator had to provide for a certain line, after which criminal liability would begin, i.e. to include in the system of measures of administrative responsibility a punishment that, in its outward signs, resembles criminal repression. It seems that administrative expulsion 2 is such a border measure of administrative responsibility. Its application actually isolates a foreign citizen from Russian society, depriving him of the opportunity to enter Russia. The term of the entry ban is 5 years and is comparable in duration to the terms that appear in the criminal law. The offender is deprived of the opportunity to move around the territory of the Russian Federation, and choose a place of residence, work, be close to loved ones. Consequently, the punitive effect of expulsion is not limited to hardships during the stay of a foreigner in the Russian Federation, it continues after his arrival in the country of his citizenship 3 .

In addition, forced deportation from the Russian Federation is one of the most costly administrative penalties. Its cost expression is also comparable (in comparison with other administrative penalties) with criminal sanctions. Not every country can afford to apply expulsion in this form in significant volumes. In such a case, the state agrees in advance to bear certain financial losses in order for the foreign offenders to leave its territory 1 .

Sometimes administrative expulsion at the expense of the Russian budget plays into the hands of foreign delinquents. This conclusion allows us to come to an analysis of the minutes of court sessions, during which the issue of imposing this punishment was decided. Thus, a citizen of Georgia explained that she “consented to leave”, she could not do it on her own due to the lack of a passport and means of subsistence. Her compatriot to the question of the judge: “What punishment is better to apply?” - answered: “Better expulsion, I agree to leave for Georgia.” The citizen of Kyrgyzstan also did not object to the expulsion, explaining that he had evaded leaving due to the lack of money for a ticket. The examples given are, of course, not numerous, but they reveal one more feature of administrative expulsion. Illegals are deported to the state of their citizenship. If a foreign citizen did not plan to visit the Russian Federation after leaving, then expulsion at the expense of the Russian budget will be in his interests. In such a situation, the punitive nature of punishment is reduced to a minimum, instead of negative emotions, the offender is quite possible to get a positive result. Nevertheless, the above incidents can only be stated that there is no solution to this problem. It also makes no sense to refuse administrative expulsion of such persons, since the negative results of applying this punishment are offset by the positive results associated with the removal of offenders from the country 2 .

important problem administrative responsibility is to evaluate the effectiveness of its measures. The level of effectiveness of a particular punishment primarily depends on the correct designation of its goals and is measured by their achievement. L.L. Popov and A.P. Shergin named the following goals: education of the offender, private and general prevention of offenses (private and general prevention) 1 . According to D.N. Bahrakh, "punishment is necessary to educate the subject of responsibility in the spirit of respect for law and order, in order to prevent the commission of new offenses both by the offender himself and by other persons." The legislator reduced the list of goals to two 2 . According to Part 1, Art. 3.1 of the Code of Administrative Offenses of the Russian Federation, administrative punishment is a measure of responsibility established by the state for committing an administrative offense and is used to prevent the commission of new offenses both by the offender himself and by other persons. This position can be interpreted in different ways. On the one hand, education involves a change in the attitude of the delinquent to the deed, the creation of a stable idea in him of the need to comply with legal norms. Of course, this is an ideal option, the result of punishment is the re-education of a person who ceases to commit offenses. But the practice of applying administrative penalties is far from the described ideal. A huge number of administrative offenses indicates that many citizens commit administratively punishable acts even after they were first brought to administrative responsibility. An analogy with criminal law research is also appropriate here. M.D. Shargorodsky wrote: “The general task of educating a conscious citizen of society, morally educating a person is far from always possible even in the conditions of a normal family, school and team, all the more utopian to set such a task before the measures of criminal punishment.” This statement is quite acceptable for posing the problem of the goals of administrative punishments. It is difficult to assume that administrative expulsion will re-educate a foreign citizen; will form in him respect for the Russian legal order and the legislation in force in Russia on the legal status of foreigners as a particular manifestation of this legal order. It is no coincidence that many illegal foreign citizens have been living in Russia for several years and are in no hurry to leave its borders, even under fear of being subjected to administrative expulsion. Of course, one cannot completely ignore education, but one should not overestimate the educational potential of administrative punishments. Otherwise, the desire to form a new consciousness in the delinquent may negatively affect the practice of applying administrative and tort norms, which will not allow obtaining a realistically achievable result 1 .

Administrative penalties should not pursue a punitive purpose. Punishment is the essential characteristic of punishment, but it should not be the end result of its application. In such a case, the punishment will be imposed for its own sake without any real purpose at all. The main task of the administrative jurisdiction will be to identify the offender and bring him to justice. This will end the entire regulatory role of protective norms and the delinquent will be able to continue to violate legal regulations (especially if he has sufficient funds to pay administrative fines). It seems that the penalties in this situation will be constantly toughened. This position is contrary to Part 2 of Art. 3.1 of the Code of Administrative Offenses of the Russian Federation, which establishes the principle of humanism in the legislation on administrative responsibility. Consequently, the punitive and educational properties of administrative punishments cannot be considered as the final results of their application; they are the means to achieve real goals, which should include only those that are fixed in Part 1 of Art. 3.1. Code of Administrative Offenses of the Russian Federation: general and special prevention of administrative offenses.

The ideal of administrative-jurisdictional activity is to achieve these consequences by re-educating the offender and those around him, but if this is not possible, then the goal of punishment can also be realized with the help of the punitive properties of the measure of responsibility. This is especially true for foreign offenders. At home, they perceive a different culture than in Russia, their personality is formed under the influence of a legal order that is different from the Russian one. It is difficult to educate, and even more so re-educate such persons in the conditions of proceedings on cases of an administrative offense. The educational function of the Russian state, aimed at preventing offenses in the immigration sphere, should be implemented by the executive authorities of the Russian Federation in the course of daily positive management activities. It is better to prevent offenses and thereby ensure the order of stay (residence) of foreign citizens in the Russian Federation 1 .

So, the Russian state, by expelling foreigners, is exercising its sovereignty and ensuring the stability of the rule of law. Administrative expulsion is one of the heaviest administrative penalties, comparable in appearance to criminal liability measures. This is evidenced by the form of its implementation, the duration of the punitive impact, the cost of execution. The essence of administrative expulsion is punishment, but the degree of its punitive effect is much less than the punitive level of criminal sanctions. Firstly, foreign citizens are given the right to leave the Russian Federation on their own and thereby mitigate the degree of deprivation associated with the execution of an expulsion order. Secondly, isolation from society for foreign delinquents is rather conditional. Direct detention for a foreign citizen is provided only before deportation under escort, which accompanies him to the Russian border 1 .

§ 2. The ratio of administrative expulsion and deportation of foreign citizens and stateless persons.

Administrative expulsion as a measure of administrative coercion is similar to such a coercive measure as deportation. In international law, deportation means the forced removal of a person to another state, usually under escort. Within the meaning of Art. 2, 31, 34 of the Law “On the Legal Status of Foreign Citizens”, deportation is understood as the forced expulsion of a foreign citizen from the Russian Federation and the loss or termination of legal grounds for his further stay (residence) in the Russian Federation. The subjects of deportation can only be foreign citizens or stateless persons.

The procedure for applying deportation is strictly regulated. Current legislation establishes that a foreign citizen is subject to deportation in the following cases:

    if the period of residence or temporary stay for a foreign citizen is reduced and he did not leave the Russian Federation within 3 days;

    if the temporary residence permit or residence permit has been annulled and the foreign citizen has not left within 15 days;

    in relation to a foreign citizen, a decision was made on the undesirability of stay (residence) in the Russian Federation;

    against a foreign citizen together with family members who received a notice of refusal to consider an application for recognition as a refugee on the merits or a refusal to recognize him as a refugee, or a notice of loss or deprivation of refugee status, or who lost temporary asylum or was deprived of temporary asylum, who did not use the right to appeal against the decision made or received a refusal to complain and did not having other legal grounds for staying on the territory of the Russian Federation, as well as deprived of refugee status or temporary asylum in connection with his conviction for committing a crime on the territory of the Russian Federation - after serving his sentence, unless other rules are provided for by international treaties of the Russian Federation;

    if he is diagnosed with HIV.

It should be noted that deportation is not a type of administrative punishment applied to foreign citizens (stateless persons). This is a special tool of state coercion, the use of which is primarily aimed at ensuring the safety and health of other citizens. For the application of deportation in relation to a foreign citizen (stateless person), the presence of an event of an offense is not necessary. According to the general meaning of the existing legislation, the very stay of a foreign citizen in the state, which poses a threat to both the entire society and its individual members, serves as the basis for deportation.

The deportation of foreign citizens (stateless persons) is characterized by the following features:

    This is a measure of state coercion aimed at restricting the rights and freedoms of foreign citizens (stateless persons) in the Russian Federation.

    The subjects of deportation are only foreign citizens and stateless persons.

    Deportation outside the Russian Federation of foreign citizens (stateless persons) is carried out only on the basis of a decision of the competent executive authority.

    Deportation is not a type of administrative punishment,

    Deportation is applied for both lawful and unlawful act (action or inaction).

With regard to the administrative expulsion of foreign citizens and stateless persons, it was discussed in the previous paragraph. It also has the following 2 features:

    This is a measure of administrative coercion aimed at restricting the rights and freedoms of foreign citizens and stateless persons in the Russian Federation.

    The subjects of administrative expulsion are only foreign citizens and stateless persons.

    Administrative expulsion from the Russian Federation of foreign citizens and stateless persons is carried out for a committed administrative offense.

    The decision on administrative expulsion is made and implemented unilaterally. It is appointed by a judge, and if a foreign citizen or stateless person commits an administrative offense upon entry into the Russian Federation, by the relevant officials. The decision on administrative expulsion is issued without the consent of the state of which the person is a citizen, he can only be notified of this.

    Administrative expulsion from the Russian Federation cannot be applied to servicemen who are foreign citizens.

    The execution of the decision on administrative expulsion involves either control over the departure, which is carried out at the expense of the deportee or the individual (legal) person who invited him or her, or forced movement across the State Border outside the Russian Federation.

An analysis of the above norms indicates that administrative expulsion and deportation are special means state coercion: the first is a measure of administrative punishment and is applied only for a committed administrative offense; second, there is a variety of protection measures applied exclusively to foreign citizens in cases provided for by law in the interests of national security, public welfare and health 1 .

In addition, we can conclude that the categories of "administrative expulsion" and "deportation" have a single essence. The end result of the application of these measures should be the movement of a foreign citizen or stateless person outside the Russian Federation, but the first is reflected in the Code of Administrative Offenses of the Russian Federation, and deportation is only mentioned in federal laws, carried out extrajudicially, which differs on other grounds 1 .

The administrative-compulsory nature of the deportation is beyond doubt. Obviously, deportation does not apply to measures of administrative procedural support or punishment. In your opinion, depending on the stage of application, deportation may act as an administrative warning (prevention of more significant negative consequences for a person in respect of whom a decision has been made to leave the territory of the Russian Federation, society and the state); a measure of administrative restoration (restoration of the situation that existed before the offense); a measure of administrative restraint (forcibly transfer a person illegally located on the territory of the country outside its borders).

The deportation procedure is close in execution to the decision on the administrative expulsion from Russia of foreign citizens and stateless persons, carried out both by the internal affairs bodies and by the bodies, troops, and the Border Guard Service of the FSB of Russia. Administrative expulsion and deportation are enforced, but unlike the latter, expulsion is possible in the form of independent controlled departure 2 .

Of course, the concepts of deportation and administrative expulsion are very similar, however, they have a number of significant differences both in terms of the regulatory legal basis for application, in terms of the subject composition, decision-making bodies and bodies entrusted with the execution of such a decision. There is an opinion that deportation is one of the types of administrative responsibility. However, it is not. First, the subject's misbehavior in itself is not grounds for deportation. Secondly, deportation is not included in the system of administrative penalties provided for by the Code of Administrative Offenses of the Russian Federation. Thirdly, the only body authorized to make a decision on deportation is the Federal Migration Service of the Ministry of Internal Affairs of Russia. However, it should be noted that deportation is, of course, one of the administrative and legal methods in the system government controlled in the field of migration 1 .

Despite this, the coercive measures under consideration can be correlated with each other as the initial and subsequent level of their application. The legislation provides for the possibility of deportation, including for refusal to voluntarily leave the territory of the Russian Federation within the established time limits, which is an administrative offense under Art. 18.8 of the Code of Administrative Offenses of the Russian Federation, for which liability arises in the form of administrative expulsion. This circumstance allows us to judge the nature of the relationship between these coercive measures as a condition that develops a consequence. But in this case, deportation is replaced by administrative expulsion, which is a measure of administrative punishment 2 .

As a result, we have two normatively provided ways of restricting the administrative-legal status of a foreign citizen and a stateless person, with the same legal consequences for them. Such a phenomenon can hardly be considered acceptable for the Russian legal reality, especially in the context of the guidelines of the rule of law.

The situation is aggravated by various conditions of possible appeal against the adopted acts on administrative expulsion and deportation. In one case, the case may go through all stages of the proceedings in the case of an administrative offense with the possibility of appealing the accepted procedural actions in the case, repeatedly initiating a review of the case and the specific rights and obligations of the participants in the proceedings. In another case, when deportation is applied, there are more limited legal opportunities to appeal against the decision to deport in accordance with the Law of the Russian Federation “On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens”, which partly contains signs of a violation of the constitutional right to judicial protection rights and freedoms not only of citizens of the Russian Federation, but above all of a person. 1

So, deportation and administrative expulsion have a commonality due to similar legal consequences for the status of foreign citizens and stateless persons. In our opinion, these common features the measures of coercion under consideration are such secondary features highlighted in the legal literature as the form of adoption of the act and the measure of coercion; the body that adopted this act, etc. At the same time, in our opinion, the opinion of some scientists about recognizing deportation not as an independent act of the same name, but as part of a procedure aimed at removing foreign citizens and stateless persons from the territory of the Russian state looks doubtful ". Each measure of administrative punishment, by analogy with the above opinion, can be recognized as a procedure, and in general, every legal phenomenon today contains a set of substantive and procedural norms that create a dual set of a certain whole. At the same time, one should agree with A.N. Sandugei, who mentions the single punitive nature of deportation and administrative expulsion, combined common goal and the procedure for "forced and controlled departure from the Russian Federation" 1 . This circumstance allows us to judge this author, as well as us, that there is no need to replace one measure of coercion with another. Moreover, the substitution of a measure of administrative punishment by another measure of administrative coercion, which does not act as such, but entails similar legal consequences for a foreign citizen (stateless person), significantly violates the rights and freedoms of the individual. We must not forget that this state of affairs is contrary to Art. 1.1, 1.3 of the Code of Administrative Offenses of the Russian Federation in terms of determining the components of the legislation on administrative offenses and the subjects of jurisdiction of the Russian Federation and its subjects in this area of ​​relations 2 .

The difference between administrative expulsion and deportation of foreign citizens and stateless persons can be clearly seen in the following table:

Criterion

Deportation

Administrative expulsion

Subjects

Foreign citizens and stateless persons

Foreign citizens and stateless persons, with the exception of military personnel

Execution

Ministry of Internal Affairs, FMS, independently

Ministry of Internal Affairs, FMS, border agencies of the FSB of the Russian Federation, independently

Decision-making bodies

Court, border agencies of the FSB

Reason for application

A threat to the health and well-being of society

Administrative offense

Regulatory framework

Specific legal acts

Code of Administrative Offenses

Speaking about the measures of administrative coercion aimed at removing a foreign citizen or stateless person from the Russian Federation, one cannot fail to mention such a specific method of administrative and legal regulation as the institute of undesirability of the stay (residence) of a foreign citizen or stateless person in the Russian Federation. This method is one of effective means Russian migration policy. Its main difference from deportation and administrative expulsion is that such a decision is not affected by the very fact that a foreign citizen or stateless person is on the territory of the Russian Federation. Its basis is the very possibility (threat) of entry and stay of a foreign citizen (stateless person) on the territory of the Russian Federation. Deportation is only a provisional measure of influence in relation to the execution of a decision on the undesirability of the stay (residence) of a foreign citizen or stateless person in the Russian Federation 1 .

The right to make a decision on the undesirability of the stay (residence) of a foreign citizen or a stateless person in the Russian Federation is vested in:

Ministry of Internal Affairs of Russia;

FSB of Russia;

Ministry of Defense of Russia;

Ministry of Health and Social Development of Russia;

Rosfinmonitoring;

SVR of Russia;

Ministry of Justice of Russia;

Russian Foreign Ministry;

FMS of the Ministry of Internal Affairs of Russia.

It should be noted that this measure is located at the intersection of various areas of state policy: economic, social, defense, security, etc.

It is indisputable that both deportation and administrative expulsion are not the only means of implementing the migration policy of the Russian Federation, however, their application is quite harsh measures in relation to foreign citizens and stateless persons due to the fact that they entail adverse consequences in the form of limiting the subsequent entry into the Russian Federation for a long period of time - 5 years, and may also be associated with a short-term restriction of personal freedom and freedom of movement during their execution. In this regard, not only their administrative role is great in shaping the proper lawful behavior of the relevant subjects - foreign citizens and stateless persons.

Summing up, it must be said that the sphere of administrative influence on foreign citizens and stateless persons who have violated the legislation of the Russian Federation is perhaps one of the most vulnerable, since it is designed to influence delinquents by restricting their rights and freedoms. Because of this, the regulation of this sphere of social relations should be regulated in the most detail and should not allow any deviations from the principles of law. Currently, there are certain problems in our legislation related to the application of administrative responsibility to foreign citizens and stateless persons. In particular, one of these problems is the problem of delimiting the institutions of administrative expulsion of foreign offenders from Russia and the deportation of such persons. Due to the fact that these institutions are very similar, it would be better to distinguish between them more clearly. In addition, there are other legal phenomena related to administrative expulsion and deportation, which are also subject to a clearer definition in the legislation. The practice of applying these measures also needs to be streamlined. All this opens up wide scope for the activities and legislative initiatives of the executive authorities in the field of migration and the migration policy of Russia.

Conclusion.

The paper considers the problems of legal regulation of the administrative and legal status of foreign citizens and stateless persons.

Concluding the study of the administrative and legal status of foreign citizens and stateless persons, it should be noted that the legal regulation of this institution cannot be called perfect. Meanwhile, the legislator establishes a fairly detailed regulation of this legal institution in the Federal Law “On the legal status of foreign citizens in the Russian Federation”.

It should be noted that, despite the rather detailed regulation of the institution of the administrative-legal status of foreign citizens and stateless persons, as well as the existence of several special laws regulating public relations in this area, there are currently some gaps and conflicts in legal norms. So, to this day, a single definition of foreign citizens has not been established, and those definitions that exist in modern laws are quite formalized, which do not allow adequate protection of the rights and freedoms of foreign citizens and stateless persons. So, at present, Art. 2 of the Federal Law "Legal Status of Foreign Citizens in the Russian Federation" defines a foreign citizen as an individual who is not a citizen of the Russian Federation and has evidence of citizenship (nationality) of a foreign state. Thus, the law establishes in the definition the burden of proof of citizenship (nationality) of another state. It must be assumed that the establishment of such a burden of proof is unacceptable. In this regard, it is necessary to change this definition to the following: "A foreign citizen is an individual who is not a citizen of the Russian Federation and has citizenship (nationality) of a foreign state." In this case, the good faith of the person will be presumed, and the presence or absence of citizenship will be established from the words of such a person, until the opposite is proved by the authorities.

The traditional principle of Russian legislation enshrined the principle of national treatment, according to which the principles of the administrative and legal status of foreign citizens and stateless persons are determined. Meanwhile, the implementation of this principle needs to be significantly improved, both at the legislative level and at the level of law enforcement. At the same time, this principle is violated primarily by state and municipal officials. In this regard, it is necessary to establish the responsibility of officials for violating the rights of foreign citizens and stateless persons. Thus, an article should be introduced into Chapter 5 of the Code of Administrative Offenses of the Russian Federation, according to which the violation of the rights and freedoms of foreign citizens and stateless persons, obstruction in the exercise of their rights by an official of a state or municipal authority entails the imposition of an administrative fine on officials in in the amount of thirty to fifty thousand rubles.

We also believe that it is necessary to introduce an article into Chapter 19 of the Criminal Code of the Russian Federation “Crimes against the Constitutional Rights and Freedoms of Man and Citizen”, according to which the violation of the rights and freedoms of foreign citizens and stateless persons, obstruction in the exercise of their rights, by an official of a state or municipal body authorities, if this caused significant damage, should be punished by imprisonment for a certain period, or a less severe punishment. At the same time, the definition and assessment of significant damage, in our opinion, should be left to the discretion of the court in each specific case.

Currently, the procedure for entry into the Russian Federation and exit from the Russian Federation of foreign citizens and stateless persons is regulated in sufficient detail. Meanwhile, it is necessary to constantly improve the system of accounting for this category of persons, both in order to protect the security and constitutional order of the Russian Federation, and in order to prevent violations by officials of state and municipal bodies of the rights of persons who do not have Russian citizenship.

A separate problem of the administrative-legal status of foreign citizens and stateless persons is bringing them to administrative responsibility and the regulation of administrative penalties applied to these persons. There are also certain gaps and conflicts in the legislation in this area. In particular, the legislator should make a clearer distinction between administrative expulsion as a form of punishment for committing an administrative offense and deportation as a measure of state coercion. Perhaps it would be better to dwell on only one option, extending its effect to a wider range of cases.

Thus, the institution of the administrative and legal status of foreign citizens and stateless persons has considerable legal significance, the need for the development and maintenance of a normal state, including its authority as a rule of law state in the international arena.

Bibliography.

Legislative and other normative acts:

    International Covenant "On Civil and Political Rights" 1966 // Bulletin Supreme Court RF, N 12, 1994.;

    UN Convention "On the Reduction of Statelessness" 1961 // International Law in force. T. 1. - M.: Moscow Independent Institute of International Law, 1996. S. 247 - 255;

    Convention on the Status of Stateless Persons, adopted on September 28, 1954 // International Law in force. T. 1.- M.: Moscow Independent Institute of International Law, 1996. S. 230 - 243.;

    Universal Declaration of Human Rights (Adopted 12/10/1948 General Assembly UN) // Russian newspaper. 1995. April 5.

    The Constitution of the Russian Federation as amended // Collection of Legislation of the Russian Federation, 26.01.2009, N 4, art. 445;

    Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ (as amended on April 30, 2010) // Rossiyskaya Gazeta, N 256, December 31, 2001;

    Federal Law of the Russian Federation of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” // Collection of Legislation of the Russian Federation, 24.07.2006, No. 30, art. 3285;

    Federal Law "On the Legal Status of Foreign Citizens in Russia" dated July 25, 2002 N 115-FZ // Collection of Legislation of the Russian Federation, 29.07.2002, N 30, art. 3032;

    Federal Law "On Citizenship of the Russian Federation" dated May 31, 2002 N 62-FZ // Collection of Legislation of the Russian Federation, 03.06.2002, N 22, art. 2031;

    Federal Law “On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation” No. 114-FZ of August 15, 1996 // Collection of Legislation of the Russian Federation, 08/19/1996, No. 34, art. 4029;

    Law of the Russian Federation of November 28, 1991 N 1948-1 "On Citizenship of the Russian Federation" // Gazette of the Congress people's deputies Russian Federation and the Supreme Council of the Russian Federation, 1992, N 6, Art. 243;

    Decree of the President of the Russian Federation of March 21, 2007 N 403 “On Amendments to Certain Acts of the President of the Russian Federation on State Administration in the Field of Migration Policy” // Collection of Legislation of the Russian Federation, March 26, 2007, N 13, art. 1540;

    Decree of the President of the Russian Federation of July 19, 2004 N 928 "Issues of the Federal Migration Service" // Collection of Legislation of the Russian Federation, 07/26/2004, N 30, art. 3150;

    Decree of the President of the Russian Federation of March 9, 2004 N 314 “On the system and structure of federal executive bodies” // Collection of Legislation of the Russian Federation, N 11, 03/15/2004, art. 945.

    Government Decree No. 682 “On approval for 2007 of the quota for issuing work permits to foreign citizens who arrived in the Russian Federation in a manner that does not require a visa” // Rossiyskaya gazeta (Federal issue) N4223 dated November 16, 2006;

    Decree of the Government of the Russian Federation of October 24, 2002 No. 769 “On Approval of the Rules for Spending Funds for Deportation or Administrative Expulsion of Citizens and Stateless Persons from the Russian Federation when it is Impossible to Identify the Inviting Party,” RG. 2002. No. 206, 2005. No. 4.

Special Literature.

    Avakyan S.A. Russia: citizenship, foreigners, external migration. SPb. 2003. 643 p.;

    Askerov M.S. Administrative expulsion from the Russian Federation of a foreign citizen or stateless person: Abstract of the thesis. dis. … cand. legal Sciences. - M., 2007. - 29 p.

    Askerov M.S. On the relationship between the concepts of administrative expulsion and deportation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2007. - No. 4. - S. 56-59;

    Bahrakh D.N., Rossinsky B.V. Starilov Yu.N. Administrative law M. Norma, 2005. - 800 p.;

    Gerasimenko Yu.V. The constitutional and legal status of foreign citizens in the Russian Federation and the role of internal affairs bodies in its provision: Abstract of the thesis. dis. … cand. legal Sciences. M. - 2007. - 31 p.;

    Dmitriev Yu.A., Polyansky I.A., Trofimov E.V. Administrative Law of the Russian Federation: Textbook for Law Schools. - Publishing house "Phoenix", 2008. - 461 p.

    Dugenets A.S. Problems of applying administrative responsibility to foreign citizens and stateless persons // Russian investigator, 2007. - No. 8. - P. 45-47;

    Egorov V. Problem foreigners // "Ezh-Lawyer", 2008. - No. 45. -
    S. 5;

    Zvonenko D.P., Malumov A.Yu., Malumov G.Yu. Administrative Law: Textbook. - "Yusticinform", 2007 - 416 pages;

    Ivashin A.B. Administrative expulsion or deportation of a foreign citizen and stateless person? // Tourism: law and economics, 2008. - No. 3. - P. 27-30;

    Kozlov Yu.M., D.M. Ovsyanko, L.L. Popov. Administrative law. / Statute, M. - 2008. - 452 p.;

Administrative responsibility of foreign citizens for legal violations on the territory of the Russian Federation has a number of differences from the penalties imposed on residents.

Our migration lawyers have dealt with visitors more than once and are ready to help protect your interests in any administrative case.

When does the administrative liability of foreign persons come?

Responsibility under the Code of Administrative Offenses of the Russian Federation arises regardless of race, language, gender, religious preferences and other characteristics. Foreign citizens are subject to administrative liability for non-compliance with the law and the commission of unlawful acts on the territory of our state. In case of non-compliance with the rules and norms of being in the Russian Federation (violation of the procedure for registration, period of residence, transit movements, etc.), the administrative responsibility of foreign citizens and stateless persons is applied in accordance with the current legal acts of the Russian Federation.

Often, the punishment imposed is no different from the punishment that is applied to citizens of the Russian Federation. But the difference is that if the imposed fine for violating traffic rules or a hooligan trick for a citizen of his country only leads to enforcement proceedings, then for a foreign citizen such a measure is quite real, which is often the result of minor violations that were not appealed on time.

Attention: in order not to get a verdict of unwanted stay on the territory of the Russian Federation, take the protection of your right in an administrative case with all care, even if you face a small fine, because in the future, even based on statistics on traffic fines possible administrative expulsion of a foreign citizen. If it was not possible to prove innocence within the framework of the case in the court of first instance, then drawn up independently or with the help of our lawyer can help correct the miscarriage of justice.

The procedure for bringing to administrative responsibility

Bringing foreign diplomats, ambassadors, advisers, trade representatives, consuls, etc. to administrative responsibility is impossible due to the signing of the Vienna Convention in 1961. The administrative liability of foreign legal entities is applied to entities that have committed unlawful acts on the territory of a federal state, on generally accepted grounds.

If, being outside the federal state, a person of another country has committed administrative illegal actions directed against the interests of our Motherland, then the administrative responsibility of foreign citizens in the territory of the Russian Federation shall operate in accordance with the main provisions of the Code of Administrative Responsibility of the Russian Federation.

Attention: watch the video on the protection of rights in administrative cases, and also subscribe to our channelYouTubeto find out the advice of a lawyer and receive a free consultation from a Yekaterinburg lawyer through comments on the video.

Assistance of a lawyer in administrative cases

Unlike Russian citizens, foreigners are subject to such a punishment as. People from other states enter the territory of the Russian Federation for various reasons. Some flee from their homeland and ask for a residence permit from our state, the second have permission to temporarily stay in Russia for a specific purpose, others cross the border illegally, and so on.

The administrative responsibility of foreign citizens of the Russian Federation is aimed at preventing subsequent offenses by residents of other countries, as well as to control migration flows. Our migration lawyer will advise you on any issue, and will also take part in protecting your interest after the conclusion of an agreement for the provision of legal assistance.

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Migration authorities, in order to prevent and prevent violations of migration legislation, are endowed with a wide range of powers. The migration authorities have been given the right to carry out control measures, draw up administrative materials, consider cases of administrative offenses, and make decisions on deportation. In this chapter, we will consider the main issues related to bringing foreign citizens to administrative responsibility, and applying to them such measures of influence as expulsion and deportation.

What can a foreigner be held liable for?

For violation of the legislation of Russia, a foreign citizen may be brought to administrative and (or) criminal liability. The grounds for the onset of administrative responsibility are defined in the Code of Administrative Offenses of the Russian Federation (hereinafter also referred to as the Code of Administrative Offenses of the Russian Federation), criminal in the Criminal Code of the Russian Federation. Let us consider in more detail the grounds and procedure for bringing foreign citizens to administrative responsibility.

In accordance with Article 2.6 of the Code of Administrative Offenses of the Russian Federation, foreign citizens bear administrative responsibility on an equal basis with citizens of the Russian Federation, i.e. on a universal basis. However, unlike Russian citizens, h and committing an offense a foreign citizen can be not only arrested, disqualified, fined, but also expelled from Russia. A complete list of penalties that can be applied to a foreign citizen is set out in Article 3.2 of the Code of Administrative Offenses of the Russian Federation.

In addition to the administrative structures, the effect of which applies to all citizens without exception, a foreigner may be held administratively liable for non-compliance with migration legislation, namely:

  • violation of the terms of stay in the Russian Federation;
  • non-registration at the place of stay or at the place of residence;
  • submission of deliberately false information to the migration authority;
  • carrying out labor activity without permission;
  • failure to notify the migration authority of confirmation of one's residence, and so on.

Details of the offenses are described in Chapter 18 of the Code of Administrative Offenses of the Russian Federation.

Consideration of cases of administrative offenses against foreign citizens is carried out in accordance with the general procedure established by the Code of Administrative Offenses of the Russian Federation. A foreign citizen against whom an administrative case has been initiated has a full range of procedural rights on an equal footing with Russian citizens and has the right to: challenge a judge or an official considering the case, get acquainted with the case materials, use the services of an interpreter, a lawyer, provide evidence of his innocence, appeal against the decision decision on the case, etc. A complete list of rights belonging to the person held liable is specified in Article 25.1 of the Code of Administrative Offenses of the Russian Federation.

A decision in the form of a decision is made on the recognition of a person as guilty of an offense and the imposition of punishment on him by an authorized official, judge or other body (if the case is considered by an official, the decision on the case is taken in the form of a decision). The resolution enters into force after 10 days from the date of delivery to the citizen, if it has not been appealed to a higher judicial or other body, as well as to a higher official.

After the decision in the case of an administrative offense enters into force, it can be appealed in the manner prescribed by Article 30.12 of the Code of Administrative Offenses of the Russian Federation.

What is expulsion and deportation?

Measures of state influence on foreign offenders that prevent their further stay in Russia are: administrative expulsion and deportation. Many foreign citizens do not see fundamental differences between expulsion and deportation, so these two concepts are often confused. Let's look at these measures in more detail.