the main Citizenship 115 fz on the legal status. The legal status of foreigners in the Russian Federation

115 fz on the legal status. The legal status of foreigners in the Russian Federation

1.1. The Constitution of the Russian Federation as the main law regulating the legal status of foreign citizens ...................................... ............ five

1.2. Federal legislation regulating the legal status of foreigners in Russia ......................................... .................................................. ............... eleven

"ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION" ........................................ .................................................. .... 17

2.1 Basic Concepts ........................................... .................................... 17

2.2 The main provisions of the law ............................................. .................... 20

2.3 Innovations in the Law "On the Legal Status of Foreign Citizens in the Russian Federation" ..................................... .................................................. .................................. 23

2.4 Responsibility for violation of this Federal Law ....... 25

Conclusion ................................................. .................................................. . 26

Literature................................................. .................................................. . 29

Introduction

Currently, about 7 million foreigners live in Russia permanently, of which more than half are citizens of the CIS, which is due to the transparency of our borders with the states of the former Soviet republics.

These figures were cited by Grigory Barabanov, head of the department of the Ministry of Federation Affairs, Nationalities and Migration Policy of the Russian Federation, speaking at a round table on the draft law on the legal status of foreign citizens in Russia. According to him, for 10 years russian citizenship received 2.5 million foreigners. Grigory Barabanov noted that 250 thousand of immigrants living in the territory of the Russian Federation are engaged in illegal labor activities, worsen the socio-economic and criminogenic situation and adversely affect the economic and political stability in the country.

He added that according to experts, the number of foreign workers, including illegal immigrants, in the coming years in Russia will increase. He also noted that the Ministry does not have accurate statistics reflecting the state of immigration in the Russian Federation, since a significant part of foreigners entering the country due to the openness of borders with a number of CIS countries is not fixed. In addition, not all foreign citizens immigrating to Russia are registered at the territorial offices of the migration service.

According to the Federal Immigration Service, today the main problem for Russia is the uncontrolled influx of illegal migrants: both those who go to work for us and those who choose Russia as a transit base for movement to the West.

At the same time, the Russian state is interested in immigration, the influx of people into the country, and the replenishment of its own labor resources. According to Vladimir Zorin, the minister of the Russian Federation, who oversees national policy issues in the Russian government, each year "the number of the resident population of Russia decreases by 500-600 thousand people." That is why, according to Zorin, immigration "is an important resource for replenishing the population". At the same time, Vladimir Zorin emphasized migration policy The Russian Federation "should be conducted only in accordance with the interests of the state and be regulated by it."

Legal status foreign citizens on the territory of Russia are governed by the Constitution of the Russian Federation, Federal Laws, Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, and legislation of the constituent entities of the Russian Federation. Along with this, the legal status of foreign citizens in the Russian Federation is determined by international treaties of the Russian Federation.

The purpose of this course work is to consider the legal status of foreign citizens in Russia, since legal relations in this area affecting, including the vital interests of thousands and thousands of migrants in our country, are still regulated on the basis of USSR law of 24.06.1981 N 5152 -X "On the legal status of foreign citizens in the USSR" and the resolution of the Supreme Soviet of the USSR of June 24, 1981 N 5153-X "On the Enactment of the Law of the USSR" On the Legal Status of Foreign Citizens in the USSR ", with some amendments.

The main objective of the course work is to consider the basic provisions of the new Federal Law of July 25, 2002 N 115-ФЗ “On the Legal Status of Foreign Citizens in the Russian Federation”, which comes into force on November 1, 2002, and especially its provisions that were absent in the old law.

Chapter 1. ANALYSIS OF THE FEDERAL NORMATIVE BASE REGULATING THE LEGAL STATUS OF FOREIGN CITIZENS ON THE TERRITORY OF THE RUSSIAN FEDERATION

1.1. The Constitution of the Russian Federation as the main law governing the legal status of foreign citizens

The 1948 Universal Declaration of Human Rights enshrines the right of everyone to move freely and choose their place of residence within each state. Based on this provision, the Constitution of the Russian Federation declares a provision on equal rights of citizens of the Russian Federation, foreign citizens and stateless persons (stateless persons), which can be restricted only by Federal Law.

The Constitution of Russia, having the highest legal force in the territory of the Russian Federation, establishes the fundamental principles and norms relating to the legal status of both Russian citizens and foreign citizens, stateless persons.

"Foreign citizens and stateless persons in the Russian Federation enjoy rights and bear obligations on a par with citizens of the Russian Federation, except in cases established by federal law or an international treaty of the Russian Federation." That is, the article guarantees equality of the rights of Russian citizens and foreign citizens, which cannot be restricted to either the President or the Government or any other executive body in the Russian Federation.

The main, non-alienable human right is the right to live enshrined in Article 20 of the Constitution of the Russian Federation. This right does not depend on the color of skin, nationality or citizenship, it is the same for all people.

Protected in Russia personal dignity , and nothing can be the basis for its derogation. This provision is not only fixed Art. 21 of the Constitution, defining the dignity of the individual as one of the highest values, but also establishes the obligation of the state to protect this right.

Foreign citizens in the Russian Federation are also guaranteed the right to freedom and personal inviolability, inviolability of their private life, inviolability of their home, confidentiality of correspondence, telephone conversations, postal, telegraph and other communications.

The inviolability of the home is an important constitutional guarantee, it means that no one can enter the home and be in it against the will of those living there. The secret of correspondence and other communications means that no person, including the law enforcement agency, has the right to receive information against the will of the person submitting it. In Art. 23 of the Constitution clearly restricts this right exclusively to a court decision.

One of the fundamental is the principle private property. The right of ownership belongs to everyone from birth: "everyone has the right to own property, to own, use and dispose of it, both individually and jointly with other persons." The term "each" means that foreign nationals also have this right. The exception to this rule is the right to private ownership of land. Article 36 of the Constitution of the Russian Federation stipulates that "citizens and their associations have the right to own land in private ownership." From this it follows that foreigners do not have such a right.

Foreign citizens permanently residing in the Russian Federation have the right, on the grounds and in the manner established for citizens of the Russian Federation, to receive residential premises for use in houses of the state and public housing stock, housing cooperatives, may have a residential house in the Russian Federation and other property in personal property, to inherit and bequeath property, to have the rights of the author of a work of science, literature and art, discovery, invention, innovation proposal, industrial design, as well as other property and personal non-property rights.

Foreign citizens enjoy in parts of inheritance the same rights as the Russians.

Everyone, including foreign citizen, is entitled to practice any religion or not to profess any, and this provision includes the right to profess and spread religious beliefs . The presence of religious belief is prohibited to record in official documents. "The personal right is to accept or not to accept religious beliefs, to profess or not to profess any religion, or not to profess any religion, to freely choose, have or spread religious or other beliefs and act in accordance with them."

A truly democratic society is unthinkable without freedom of thought and words. Thoughts are a product of a person’s inner world, and no one has the right to interfere in a person’s inner world. Freedom of thought is inextricably linked with freedom of speech and cannot be determined by communication with the state, "thought is not free if it cannot be expressed without adverse or dangerous consequences for a person."

In Russia, regardless of citizenship or other grounds, these rights are guaranteed.

The most important form of personal freedom is freedom of movement. "Everyone who is legally located in the territory of the Russian Federation has the right to move freely, to choose the place of stay and residence."

This means that foreign citizens can freely move on the territory of Russia, if such restrictions are not provided for by federal law.

In accordance with Part 3 of Article 8 of the Law of the Russian Federation N 1499 of June 28, 1991 "On Health Insurance of Citizens in the Russian Federation" (as amended on July 1, 1994, foreign citizens permanently residing in the Russian Federation have the same rights and obligations in the field of health insurance, as well as citizens of the Russian Federation, unless otherwise provided by international treaties.

Citizens of the Russian Federation are granted not only personal, but also political rights and freedoms. As a rule, obtaining (acquiring) political rights is associated with the acquisition of citizenship. “This distinction reflects the Constitution, addressing personal rights to“ everyone ”, and political rights to“ citizens ”.”

Political rights are associated with the management of the state, that is, with the definition of its foreign and domestic policy. The state is also not conceivable without such a thing as sovereignty (independence). "The bearer of sovereignty and the only source of power is its multinational people."

The people are citizens of Russia, therefore only they can participate in the management of state affairs.

"The people exercise their power directly through government bodies and local governments." This rule is fundamental, it follows from it that foreign citizens cannot take part in the management of affairs in the state. Otherwise, the state risks losing its sovereignty. This rule is fundamental, it follows from it that foreign citizens cannot take part in the management of affairs in the state. Otherwise, the state risks losing its sovereignty. Management of state affairs can be carried out in various forms: directly, through elective state bodies. The principle of immediacy means that a citizen himself can occupy any public office and make decisions, managing the life of the country. A citizen is also entitled to participate in a referendum, a popular vote. The principle of managing the affairs of the state through its representatives means the ability of a citizen to choose his own representative and representative bodies of state power and local self-government. Foreign citizens are deprived of both active and passive electoral rights, that is, elect and be elected.

An important political right of a citizen is the right to meetings, rallies, marches, demonstrations, pickets, “this right gives citizens the opportunity to use various forms of joint organized social activity for the above purposes, to unite their efforts to accomplish certain tasks”. Foreigners are deprived of this right.

One of the branches of government is the judiciary. Article 33 of the Constitution of the Russian Federation enshrines the right of only Russian citizens to participate in the administration of justice. The provisions of this article are detailed in Article 119 of the Constitution and in the law “On the Status of Judges in the Russian Federation”, which stipulates that only citizens of Russia may be judges.

Article 59 of the Constitution of Russia stipulates that the defense of the Fatherland is a duty and obligation of a citizen of the Russian Federation. And although the Constitution does not stipulate that foreign citizens do not have the right to perform military service, such restrictions are defined in federal laws.

The provision on granting Russia political asylum to foreign citizens is important. Article 63 of the Constitution stipulates that the Russian Federation may provide political asylum to foreign citizens and stateless persons. Such asylum should be granted in accordance with generally accepted international law, which determines that such an act cannot be regarded as unfriendly. In each case, the issue of granting citizenship is decided by the President of Russia at the request of a foreign citizen.

The legal status of a person is determined not only by rights, but also by duties. Foreign persons in Russia have a number of constitutional duties. The Constitution establishes the basic duties of a person and a citizen, which are universal in nature, do not depend on the specific legal status of a person, are fixed at the highest, constitutional level.

One of the most important duties imposed by art. 57 of the Constitution, is payment of established taxes and fees. Foreign citizens, as well as Russian citizens are obliged to fulfill this duty.

The Constitution of Russia also secured at the highest level the obligation of everyone to protect nature. This duty on a par with the citizens of Russia are borne by foreign citizens.

Nature conservation is the protection of physical life, but for the full existence and development of the state and the nation, it is necessary to monitor the intellectual health of society. For this, it is necessary that each person take care of the preservation of cultural and historical monuments. The obligation to protect the historical and cultural heritage, to preserve historical and cultural monuments, is enshrined in Article 44 of the Constitution of the Russian Federation.

As mentioned above, the Constitution enshrines the general rules and principles of society. Further elaboration of principles and norms is enshrined in federal legislation.

1.2. Federal legislation regulating the legal status of foreigners in Russia

Highlight in lighting federal legislation is the attitude of the alien to the government. As a general rule, from which there are no exceptions, a foreign citizen has no right to form government bodies. By allowing foreigners to govern, the state risks losing its independence. Conventionally, the norms restricting the rights of an alien in this area can be divided into three groups.

The first group consists of the norms restricting the right of foreigners to form representative bodies, the second - the rules prohibiting the participation of foreigners in the exercise of judicial power, the third - the norms limiting the access of foreign citizens to the executive bodies.

The first group consists of the rules governing the citizen’s right to vote. As a general rule, the right to vote is expressed in two forms: active and passive, in other words, to elect and be elected, and this restriction applies both to the elections to the federal authorities and to the choice of the subject of the Russian Federation and local self-government. Foreign citizens are denied the right to participate in a referendum - the highest will of the people. This is enshrined in the article of the second law of the Russian Federation “On Referendum”.

The right of a foreign citizen to elections to representative bodies of power of subjects is limited in the fourth federal law article “On the general principles of the organization of local self-government in the Russian Federation”. All these regulations impose restrictions not in the form of a ban, but in the form of securing the right to vote only for citizens of the Russian Federation. Thus, the article of the fourth federal law “On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation” establishes: a citizen of the Russian Federation who has reached eighteen years of age has the right to elect, and to reach the age established by the Constitution - to be elected to government bodies and elected local governments.

One of the most important institutions of state power is the institution of the judiciary, acquiring special importance in modern conditions. Representatives of the judiciary are the judges of the Russian Federation. To acquire the status of a candidate for the position of judge, it is necessary to fulfill a number of conditions, one of which is that the candidate has Russian citizenship. This provision applies to judges throughout the judicial system of Russia. Thus, the article of the fourth law of the Russian Federation “On the status of judges of the Russian Federation” states: a citizen of the Russian Federation who has reached the age of 25 years, having a law degree and experience in the legal profession of at least five years can be a judge. This restriction applies only to state courts. A foreigner may be an arbitrator in international commercial arbitration.

The third group consists of rules restricting access of foreign citizens to public service. One of the main documents of this group is the Federal Law “On Fundamentals public service In Russian federation". The third article of this law establishes: “a civil servant is a citizen of the Russian Federation”. Of particular importance in the exercise of state power belongs to law enforcement agencies. Only citizens of Russia can be employees of such bodies. Article 40 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” states: “Only citizens of the Russian Federation can be prosecutors and investigators”.

One of the institutions that make up the legal status of a foreign citizen is the institution that regulates conditions for foreigners to enter Russia . For entry into the territory of Russia, a foreigner is obliged to fulfill a number of conditions, primarily on the paperwork. The grounds for registration of entry into the territory of the Russian Federation are:

1) the application of the foreign person to the diplomatic mission of the Russian Federation abroad with the application for issuing a visa to enter the country;

2) invitation of a legal entity or citizen;

3) contract for a tourist trip.

After receiving the visa application, the representative office, the consulate of Russia or another authorized agency decides on its issue. If the issue is resolved positively, a visa is issued to a foreign citizen. In case of refusal, the authorized body issues a reasoned response to the foreign citizen about the reasons for refusal.

Speaking of entry, it is necessary to distinguish the grounds for the paperwork for the right of entry and the grounds for entry into the territory of Russia.

The basis for entry into the territory of Russia is the presence of a foreign citizen identity documents and a Russian visa. Identity document is international passport or another document recognized in this capacity by the Russian Federation.

The concept of a visa (from the Latin visus - seen, examined), M. Yu. Tikhomirov, Doctor of Law, defines the legal encyclopedia as follows: “A visa is a permission to enter the territory of the relevant state, to leave this territory or to travel through it. The visa is issued by the competent authorities of the state for a fixed term and is issued with a stamp in the passport or a document replacing it. ” There are five types of visas: entry, entry - exit, exit, exit - entry and multiple. Entry and entry-exit visas are issued by diplomatic missions or consular offices of Russia. Visas for departure or exit - entry are issued by the Ministry of Foreign Affairs (its field offices) or the internal affairs bodies. Visas entitling a foreign citizen to multiple entry and exit can be issued by the internal affairs bodies at the request of the host organizations.

Articles 26, 27 of the Law of the Russian Federation “On the procedure for departure from the Russian Federation and entry into the Russian Federation” establish the grounds for restricting entry. Entry into the Russian Federation may not be allowed if a foreign citizen could not confirm the availability of funds sufficient for accommodation and departure from the Russian Federation - violated the rules for crossing the state border, customs regulationssanitary standards; The false information provided about himself and the purpose of his stay. In the above cases, the authorized person resolves the issue at its discretion. Article 27 of the law “On the procedure for departure from the Russian Federation and entry into the Russian Federation” provides for a number of cases when an authorized person is obliged to prohibit entry: this is necessary in order to ensure the security of the state; during his previous stay.

For example, a person in the Russian Federation was convicted in accordance with the legislation of the Russian Federation for committing a grave, especially grave crime or, during the previous stay, was expelled from the Russian Federation by force, within five years after serving the punishment for the crime committed or within one year from the date expulsion under compulsion; did not provide the documents necessary for obtaining a visa, prior to their submission; upon application for a visa for a period of more than three months did not submit documents about his absence of HIV infection, prior to the submission of such a document. The last reason is one of the novels of the law. As conceived by the legislator, this restriction should be an obstacle to the entry of HIV infection into the Russian Federation. Article 10 of the Law of the Russian Federation “On the Prevention of the Spread of Disease Caused by the Human Immunodeficiency Virus in the Russian Federation” stipulates that diplomatic missions and consular offices of the Russian Federation issue russian visas for entry into the Russian Federation to foreign citizens and stateless persons arriving in the Russian Federation for a period of more than three months, provided that they produce a certificate confirming that they have no human immunodeficiency virus. ”

Other rules are established for foreign citizens wishing to cross the Russian Federation in transit. Transit passage it can be without the right to stop and with the right to stop and is allowed if a Russian transit visa, a visa to enter a neighboring state or a visa of the state of destination and valid documents for leaving the Russian Federation are presented at the checkpoint. As a rule, transit passage is carried out without the right to stop. An exception to this rule is the issue of a visa for a foreign citizen with the right to stop and a forced stop.

Currently, in the Russian Federation, the vast sphere of human life is regulated by private law, of which civil, family and labor law are an integral part. In contrast to the state, the peculiarity of private law lies in the fact that a foreigner is the subject of this right. Article 2 of the Civil Code of the Russian Federation states: “The rules established by civil law apply to relations with the participation of foreign citizens and stateless persons and foreign legal entities, unless otherwise provided by federal law”

Thus, the law recognizes the right of foreigners to participate in civil matters. The volume of legal capacity both for citizens of the Russian Federation and for foreigners is established in the Civil Code of the Russian Federation. Foreigners may own property, including the right of ownership, give and bequeath it, engage in business and other activities not prohibited by law, create legal entities at their discretion, carry out any transactions that do not contradict the law, have obligations, choose a place of residence, have the rights of the author, to have other property and personal non-property rights. And although the equality of rights of citizens and foreigners is established, the legislator in some laws specifically stipulates the subject composition, including in it foreign citizens. Thus, the Law “On the Basics of Urban Planning in the Russian Federation” specifically states that the subjects of urban planning, along with citizens and legal entities of Russia, are foreign and legal entities.

In accordance with the Constitution of the Russian Federation, federal laws may impose restrictions on the rights of foreign citizens. Federal Law establishes many restrictions on the right to choose an occupation and occupation.

Restrictions can be established in two forms: 1) allowed under certain conditions; 2) only allowed to citizens of Russia.

Article 10 of the Law of the Russian Federation “On Architectural Activities in the Russian Federation” states: foreign citizens and stateless persons and foreign legal entities and individuals carry out architectural activities on an equal basis with citizens and legal entities of the Russian Federation, if provided for by an international agreement.

Second principle basically enshrined in the rules governing the right of the subject to engage in certain activities. So the composition of the ship’s crew and the crew of the aircraft can also include only Russian citizens.

A foreigner cannot be a detective, a lawyer, a notary, be part of an agricultural cooperative, because only citizens of Russia can engage in these types of activities.

One of the branches of private law is family law. The Family Code recognizes that a foreign citizen has the right to be a member of family relations to have the rights and perform duties in accordance with the Family Code. Foreigners have the right to marry russian citizensregardless of the place of marriage, and to marry a person, regardless of his nationality on the territory of Russia. It should also be noted that foreigners and even stateless persons have today received the right to adopt Russian children, and the adopter’s legislation applies to adoption (article 165 of the Family Code). But in any case, such an adoption can not violate the rights of the child in comparison with Russian legislation. Special attention is paid to ensure that a foreign citizen has enough funds to support an adopted Russian child.

Chapter 2. Federal law of July 25, 2002 N 115-FZ

"ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION"

2.1 Basic Concepts

This Federal Law does not regulate the entry and exit of foreign citizens to the Russian Federation, which are regulated by the Federal Law "On the procedure for leaving the Russian Federation and entering the Russian Federation" dated August 15, 1996 N 114-ФЗ.

This Federal Law defines the legal status of foreign citizens in the Russian Federation, and also regulates relations between foreign citizens, on the one hand, and state authorities, local governments, officials of these bodies, on the other hand, arising from their stay (residence) foreign citizens in the Russian Federation and their implementation in the territory of the Russian Federation of labor, business and other activities.

For the purposes of this Federal Law, the following basic concepts apply:

foreign citizen - an individual who is not a citizen of the Russian Federation and who has proof of citizenship (nationality) of a foreign state;

stateless person - an individual who is not a citizen of the Russian Federation and who does not have proof of citizenship (nationality) of a foreign state;

invitation to enter the Russian Federation - a document that is the basis for issuing a visa to a foreign citizen or for entering the Russian Federation in a manner not requiring obtaining a visa in cases provided for by federal law or an international treaty of the Russian Federation;

migration card - a document containing information about a foreign citizen entering the Russian Federation, as well as serving to monitor the temporary stay of a foreign citizen in the Russian Federation;

residence permit - a document issued by a foreign citizen or stateless person in support of their right to permanent residence in the Russian Federation, as well as their right to free exit from the Russian Federation and enter the Russian Federation. A residence permit issued to a stateless person is at the same time a document proving his identity;

a foreign citizen legally staying in the Russian Federation - a person who has a valid residence permit, or a temporary residence permit, or a visa, or other documents stipulated by federal law or an international treaty of the Russian Federation confirming the foreign citizen's right to stay (residence) in the Russian Federation;

a foreign citizen temporarily residing in the Russian Federation - a person who has received a temporary residence permit;

a foreign citizen permanently residing in the Russian Federation - a person who has received a residence permit;

labor activity of a foreign citizen - the work of a foreign citizen in the Russian Federation on the basis of an employment contract or a civil law contract for the performance of work (provision of services);

foreign worker - a foreign citizen, temporarily staying in the Russian Federation and carrying out labor activity in the established manner;

foreign citizen registered as an individual entrepreneur - a foreign citizen registered in the Russian Federation as an individual entrepreneur carrying out activities without forming a legal entity;

work permit - a document confirming the right of a foreign worker to work in the territory of the Russian Federation temporarily or the right of a foreign citizen registered in the Russian Federation as an individual entrepreneur to carry out business activities;

deportation - the forced expulsion of a foreign citizen from the Russian Federation in the event of the loss or termination of the legal grounds for his further stay (residence) in the Russian Federation.

For the purposes of this Federal Law, the concept of "foreign citizen" includes the concept of "stateless person", unless the federal law establishes special rules for stateless persons that differ from the rules established for foreign citizens.

The legislation on the legal status of foreign citizens in the Russian Federation is based on the Constitution of the Russian Federation and consists of this Federal Law and other federal laws. Along with this, the legal status of foreign citizens in the Russian Federation is determined by international treaties of the Russian Federation.

Foreign citizens enjoy rights in the Russian Federation and bear obligations on a par with citizens of the Russian Federation, with the exception of cases provided for by federal law.

2. 2 The main provisions of the law

The new Federal Law defines three legal regimes for the stay of foreign citizens in our country:

· Temporary stay;

· Temporary residence;

· Permanent residence.

According to Article 5 of the Law, the period of temporary stay of a foreign citizen in the Russian Federation is determined by the period of validity of the visa issued to him. The period of temporary stay in the Russian Federation of a foreign citizen who arrived in the Russian Federation in a manner not requiring a visa, as a rule, cannot exceed ninety days. With regard to foreign nationals who arrived in the Russian Federation in a manner that does not require a visa, and who concluded employment contract or a civil contract for the performance of work (provision of services), the period of temporary stay in the Russian Federation is extended for the duration of the concluded contract, but for no more than one year, calculated from the date of entry of the foreign citizen into the Russian Federation.

A temporary residence permit is issued to a foreign citizen within the quota approved by the Government of the Russian Federation. The term of the temporary residence permit is three years. Without regard to the quota approved by the Government of the Russian Federation, a temporary residence permit may be issued only to certain categories of foreign citizens. These include those who were born on the territory of the RSFSR and were citizens of the USSR or were born in Russia; and also recognized as incapable of work and having a capable son or daughter - citizens of Russia; having at least one disabled parent - a citizen of the Russian Federation; married to a citizen of the Russian Federation, having a place of residence in the Russian Federation; made investments in Russia in the amount established by the Government of the Russian Federation; some other categories of foreign citizens.

The refusal of a foreign citizen to issue a temporary residence permit or cancellation of a temporary residence permit is possible if the foreign citizen:

· Advocates forcibly changing the fundamentals of the constitutional system of the Russian Federation, by other actions creates a threat to the security of the Russian Federation or citizens of the Russian Federation

· By its actions supports terrorist (extremist) activities;

· Previously subjected to administrative expulsion from Russia or deportation;

· Submitted fake or fraudulent documents or deliberately false information about itself;

· Convicted or has outstanding or unwithdrawn conviction for committing a grave or especially grave crime;

· Was brought to administrative responsibility for violation of the regime of stay (residence) of foreign citizens in the Russian Federation;

· Cannot provide evidence of the ability to support himself and his family members in the Russian Federation within the subsistence minimum without recourse to state assistance (unless the foreign citizen is recognized as disabled);

· After three years from the date of entry has no residential premises in the Russian Federation on the grounds provided for by the legislation of the Russian Federation;

· Left the Russian Federation in a foreign country for permanent residence; has been outside of the Russian Federation for more than six months;

· Entered into a marriage with a citizen of the Russian Federation, which served as the basis for obtaining a temporary residence permit, and this marriage was declared invalid by the court;

· Is a drug addict or is suffering from one of the infectious diseases that are dangerous to others.

During the term of the temporary residence permit and if there are legal grounds, a foreign citizen may be issued a residence permit upon his / her application giving the right to permanently reside in the Russian Federation. Before receiving a residence permit, a foreign citizen is obliged to live in Russia for at least one year on the basis of a temporary residence permit. It should be noted that a residence permit is issued to a foreign citizen for a period of five years. At the end of the term of the residence permit, this period may be extended for another five years at the request of a foreign citizen. The legislator does not limit the number of renewals of a residence permit. The grounds for refusal to issue (or cancellation) of a residence permit are the same as in case of refusal to issue a temporary residence permit.

The federal law also regulates the procedure for issuing invitations to enter Russia, the procedure for registering foreign citizens entering the territory of the Russian Federation, the procedure for their movement within the country, the electoral rights of foreign citizens, the conditions for the participation of foreigners in labor relations, the procedure for replacing government posts with them, the attitude to military service.

2.3 Innovations in the Law "On the Legal Status of Foreign Citizens in the Russian Federation."

The first step of the new Law “On the Legal Status of Foreign Citizens in the Russian Federation” is quite hard - introducing labor migration quota to attract foreign work force to our country and regions.

From November 1, the Government of Russia will determine the quota - how many foreigners will the country accept for labor activity per year (broken down by subject) "taking into account the demographic situation in the relevant subject of the Russian Federation and the capacity of this subject to arrange foreign citizens. The proposals of the executive bodies of the government subjects of the Russian Federation are formed on the basis of the principle of priority use of national labor resources, taking into account the market situation ore ".

Each employer will have to make an application to the employment service for paperwork to attract the exact amount of foreign labor. After that, each of his foreign workers will receive confirmation of this right. This certificate (with a photo, passport and other data) will give him permission to work only in a certain area, only in this specialty and only at the enterprise that invited him.

The current transfer of migration services under the authority of the Ministry of Internal Affairs for foreigners who want to work in Russia means toughening the regime of entry and stay in our country. Immigration inspections are created in each migration service. Since July 1, 2002, since the entry into force of the new Code of Administrative Offenses, the inspectors of migration offices have the right to fine not only illegal foreign workers themselves, but also employers who hired them without a special permission from migration services. In addition, according to the new law, illegal immigrants will be deported from Russia at the expense of employers.

Second innovation - migration card - a document certifying the identity of every immigrant. This card will allow migration services register the number of arriving and departing foreigners. This document will be issued to visitors at border crossings. It will contain information about the identity of the arrival, the purpose of the visit and the time period of the visit. The map will consist of two parts, one of which will be provided to the foreigner as an official document, and the second half will remain with the migration control officers for reporting. By issuing it, it will now be known: where and why the visitor is sent, for how long, who gives guarantees, etc.

The third important point - Migration duty for the use of foreign labor. Its size is 3 thousand rubles plus one thousand for confirmation. The imposition of migration duties should protect the national labor market, as well as compensate for the shortage of labor in the country.

In addition, criminal liability will be increased for organizing and assisting illegal immigration. Now the head of the facility, where they find working illegals, will be responsible for this. First, a pocket, and in the second case - the loss of freedom.

For these purposes in 2003 it is planned to create about 300 migration control points. According to the Minister of National Policy of the Russian Federation, Vladimir Zorin, these points "will help prevent the entry of unwanted migrants, as well as those people who are engaged in an illegal business, into certain regions." At present, according to the minister, only about 100 such points operate at the borders, while there are about 450 border points.

2. 4 Responsibility for violation of this Federal Law

In accordance with Article 33 of the law, a foreign citizen who is guilty of violating the laws of the Russian Federation is held accountable in accordance with the laws of the Russian Federation. At the same time, a foreign citizen who is illegally staying in the Russian Federation is subject to registration, photographing and mandatory state fingerprint registration with subsequent placement of the received information into the central data bank.

Administrative expulsion of a foreign citizen from the Russian Federation is carried out at the expense of the expatriated foreign citizen, and in the absence of such funds or in the case that the foreign worker is employed to violate the procedure for attracting and using foreign workers established by this Federal Law, at the expense of its body, diplomatic mission, or consular office of a foreign state of which it is a national expandable and foreign national, an international organization or its representative, the person or entity referred to in Article 16 hereof.

Officials of organizations hosting foreign citizens in the Russian Federation, providing services for them or performing duties related to meeting the conditions of stay (residence) of foreign citizens in the Russian Federation, as well as the procedure for their registration, execution of documents for the right of stay or residence of foreign citizens in the Russian Federation , their movement within the Russian Federation, their change of residence in the Russian Federation, guilty of violating the legislation of the Russian Fed radio, prosecuted in accordance with the Russian legislation.

Conclusion

Interethnic conflicts in the Krasnodar Territory, the Armenian pogrom in Krasnoarmeysk near Moscow, the unrest in the Vietnamese market in Moscow, the frightening predictions of Chinese expansion into Russia again and again raise the question of state policy in the migration sphere.

For immigrants, Russia, as well as in general, is attractive to Europe thanks to a more liberal social and political environment, relative economic well-being and high tolerance of the indigenous population.

Most of all people come to us from regions where a significant part of the population lives in the most difficult economic conditions. Such, for example, Tajikistan. The visa-free regime in the CIS makes our situation more problematic than in European countries.

According to our calculations, foreign visitors in Russia are about 1.5 million. This is partly a legacy from the Soviet era: Afghans, Vietnamese. For example, according to the agreement with Vietnam, its residents came to work with us in exchange for the supply of equipment from the USSR. The contract stipulated the date and procedure for their return to their homeland. But the Union collapsed, and they remained here and grew with their entire belongings into the gray Russian economy. Our current task is to ensure the unconditional departure of all these people. This does not mean that later some of them legally will not be able to visit our country again. But as a systemic part of the gray economy, they should disappear. This is once again proved the latest events in the Vietnamese market. The instigators and rioters should be deported.

Several hundred thousand Chinese reside steadily in Russia. But it's not just about quantity. The subjects of relations in the Russia-China triangle have changed. If earlier the “shuttle” was predominantly Chinese, now it is often Russian hired by the Chinese.

By legalizing their presence here in various ways, including the institution of marriage, Chinese citizens already control a significant part of property in several regions of Russia. Thus, a kind of economic springboard is created. This can not be the object of our scrutiny.

Another problem is connected with this: the possible appearance of compact settlements of Chinese in the border areas. But this is a time bomb. A person who has received a residence permit already has the right to participate in the election of local self-government. It is clear who will be elected by three, or even ten thousand representatives of one ethnic group.

However, Russia will not manage without the annual influx of a million labor migrants. If now in a number of megacities all migrants declare a strike, paralysis will occur in certain areas of the economy. There will be no trolleybuses on the routes, there will be no one to take out the garbage, all the construction sites will stand. But at the same time, the harder we follow the rules of migration law, the more they will come to us. After all, all the troubles of newcomers, all requisitions come from the legal vacuum.

Currently, according to Chernenko, only 300 thousand labor migrants are officially registered in Russia. However, their real number is 10-15 times more. "Illegals" annually export from Russia several billion dollars earned in our territory. But in the near future, foreigners who come to Russia for work will have to buy a migration card upon entry into the country and pay labor and migration fees. On average, the total amount will be about $ 100, which will make it possible to contribute up to $ 10 million to the Russian treasury annually.

The new law "On the legal status of foreign citizens in the Russian Federation is in a certain sense a turning point in the policy of using foreign labor in Russia. The law really protects the rights of immigrants in Russia for the first time. Such provisions of the law as immigration quotas, migration card entering Russia are aimed at this as well as immigration duty, which is charged to the employer.

To this day, foreign labor in Russia has been exploited by employers in very bad faith. This also applies to low wages, lack of insurance, and the impossibility of medical care. The employer does not now bear any responsibility to foreign workers, and the law builds a clear line of this relationship. In addition, the new law dictates to foreigners very strictly how they should behave in our country. Until the introduction of "black lists".

For the full operation of the law, it is necessary to adopt another 17 by-laws regulating both the procedure for quoting foreign labor and the introduction of a migration card.

In the course work considered the legal aspects of the stay of foreign citizens on the territory of the Russian Federation; the characteristic of the regulatory framework; disclosed the basic rights and obligations of foreign citizens; The main aspects of the responsibility of foreign citizens to the Russian Federation for violation of the country's legislation are touched upon.

Creation of immigration control points at all border posts of the Russian Federation.

Creation of temporary detention facilities and temporary accommodation centers for immigrants (filtration or deportation centers) in the border regions of the Russian Federation.

Creation of immigration inspection.

Introduction of quotas for admission and distribution of various categories of migrants (permanent residence, citizenship, labor migration, study, treatment, tourism), taking into account the socio-economic opportunities of the Russian Federation.

Transition to 100% control of entering and leaving foreign citizens and stateless persons, as well as following transit through the territory of Russia.

Literature

1. Alekseev S.S. State and law. - M .: Legal literature, 1994. - 287 p.

2. Ananyev With . " Guest workers in law ", the newspaper" Russian North "of October 9, 2002

3. Kozlov E.I., Kutafin O.E. Constitutional law of Russia. - M.: Lawyer, 1995. - 216 p.

4. The Constitution of the Russian Federation. - M .: Legal literature, 1993. - 61 p.

5. Makovsky A.L. Introductory article to the collection of regulations on the legal status of foreign citizens. - M .: BEK, 1996. - 345 p.

Constitution of the Russian Federation Art. 58

Federal Law No. 115-FZ

Federal Law 115 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation", adopted on July 25, 2012, and since then not once supplemented, raises important issues of the legal and legal status of foreign nationals in Russia.
The main topics of the law are relations between foreigners and Russian authorities that arise during their stay or life in the territory of the Russian Federation.

The rules on the stay of foreigners also affect the issues of their employment, establish the rules of registration and movement on the territory of Russia, voting rights and the procedure for issuing an invitation to the country.
The purpose of the article is to highlight the issues that are regulated by Federal Law No. 115 and give a brief description of its main provisions.

Modes of stay of foreigners in the territory of the Russian Federation

FZ 115-FZ establishes 3 legal regimes of stay foreign persons in Russia:

Permanent residence, residence permit - issued to foreign guests who have RAH in Russia and live on it for at least one year. Duration of residence permit - 5 years.
Temporary residence, which gives the right to RWP. His term is limited to 3 years and it is issued on the basis of quotas. The quota is developed by the Government of the Russian Federation at the annual meeting and represents a limit on issuance of RAH for specific subjects of the Russian Federation. Only special categories prescribed by law are entitled to receive RAH outside the quota.
Temporary stay - a limited stay in Russia (for a visa or for 90 days for visa-free citizens). The stay can be extended for one year if the alien has obtained an employment contract or a working patent.

FZ 115 with the latest changes in the employment of foreigners

In order to work in Russia, foreigners need to get a special permit.

It is issued as a citizen who arrived in the country on a visa, and some other categories of migrants. The permit allows you to work in Russia for a certain time.

Foreigners coming from visa-free countrieswork in Russia allows a patent for work, they do not need a permit.

For citizens arriving from countries with which an agreement on visa-free regime, the period of stay in Russia is limited to three months (90 days) in total for each period of 180 days, unless the rules for renewal are violated. It is possible to extend the term for a maximum of one year, if a foreigner has obtained a labor patent (Federal Law 115, Article 5, clause 5).

According to the law 115 FZ, in order to obtain a patent, a foreigner is obliged within the first 30 days after entering Russia to submit to the FMS authority the following documents:

Application for the grant of a patent;
Card migration registrationwhere the purpose of arrival should be indicated;
Certificate of passing the exam in the Russian language, history and basic legislation;
Registration at the place of residence. If the document is not submitted, the migration authority has the right to request this information independently;
Identity card of an alien (for example, a foreign passport);
Medical insurance policy;
Medical certificates that a citizen does not suffer from dangerous diseases, including AIDS;
Receipt of payment of the fine for late submission of the application (30 days).

The period of stay in Russia is extended both upon receipt of the patent, and upon its extension. At the end of the term of the patent a foreigner is obliged to leave the borders of Russia.

The law of the Russian Federation 115-FZ on obtaining by foreigners a certificate of proficiency in Russian

Changes 115 of the law of January 1, 2015 decided to foreigners who wish to obtain a residence permit in Russia, RWP or a patent, to pass an examination in Russian, history and civil law.

Evidence of free possession of Russian are:

Certificate of Secondary Education, which was issued in the USSR before 09.09.1991;
An educational document confirming the passage of state certification in Russia since September 1, 1991;
Certificate issued by special training centers at the migration authorities.

Some categories of foreigners are exempted from passing the exam:

Persons under eighteen;
Female foreigners up to 60 years old and male foreigners up to 65 years old;
Partially or completely incompetent foreign citizens.

Confirmation of knowledge is not required from high-class specialists and foreigners engaged in journalistic activities in special media that publish publications in a foreign language.

Attention

No confirmation is required of foreigners who come to Russia to study at state universities, vocational colleges and institutes.

Changes 115 of the Federal Law of 01.01.2016

The most recent changes and additions to Law No. 115-FZ introduced a number of significant changes to it. In particular:

Questions about the education of foreigners in Russia;
Questions of medical confirmation of the absence of a dangerous alien virus and infectious diseases;
Questions about the duration of stay of foreigners;

1 point 5 of Art. Federal Law was supplemented with a new paragraph about the continuity of stay visa-free foreigners in Russia, it was installed in 90 days. In the first paragraph of Article 6.1 on the presentation medical certificate on the absence of HIV for persons entering the territory of the Russian Federation, reference to Federal Law No. 38 “On Preventing the Spread of HIV Infection” has been added.

The changes touched upon the issue of education of foreigners. In clause 1 of Article 17 it was recorded that from now on a foreign citizen may apply to the migration authorities with a request to extend the period of stay in Russia for the duration of their studies. The changes touched and clarify the wording "education", now it refers only to full-time and full-time-correspondence form.

Attention

Explanations of a similar nature are set forth in the addendum to paragraph 4 of Art. 17, which refers to the possibility of staying in the territory of the Russian Federation with continued training.

The latest additions to the Federal Law of the Russian Federation 115 are connected with bringing the text to a uniform understanding, regardless of interpretations. In 2015, Law No. 115 FZ has undergone three changes, indicating that it is currently in demand. Significant laws must inevitably adapt to changing external conditions and be constantly polished.

Sociological research data suggests that in the coming decades, the share of the Russian working-age population will gradually decrease. This will inevitably lead to an increase in migration and the overall share of foreigners in the Russian labor market. The sooner the law responds to changing conditions, the better the rights of foreign persons and stateless persons will be protected.

Ivan Dmitrov

Experience - since 2001. Since 2005, he has been an honorary member of the Moscow City Bar Association. An expert in the field of migration law.

Tags:

A temporary residence permit is a form that allows a foreign citizen to reside in a foreign country. The document acquired legal force in 2002. It is an intermediate step between temporary stay and permanent stay in the territory of the Russian Federation.

The next step that follows after obtaining a residence permit is a residence permit and obtaining Russian citizenship. Need for getting RAH does not apply to the following citizens:

residents of the Republic of Belarus;
highly skilled workers who came to the Russian Federation from abroad.

A temporary residence permit can be obtained only within the quota, which is calculated for each region and the size of which changes every year. If the quota is no longer present, and the foreign citizen still wants to receive the RWP, he can apply with documents either to another region or wait for the next year.

Federal Law Description 115

Federal Law No. 115 “On the Legal Status of Foreign Citizens in the Russian Federation” was adopted by the State Duma on June 21, 2002. The bill was approved on July 10 of the same year. FZ-115 entered into force on July 25, 2002. The latest amendments to the law were made on July 29, 2017. Federal law includes 7 chapters and 38 articles.

Summary of Federal Law No. 115:

Chapter 1 - includes 15 articles and lists the general provisions that this Federal Law contains;
Chapter 2 - consists of 4 articles and regulates the procedure by which documents are issued for entry into the Russian Federation;
Chapter 3 - is no longer valid and described the registration procedure on the territory of the Russian Federation;
Chapter 4 lists the officials who take into account foreign citizens crossing the border of the Russian Federation;
Chapter 5 - Describes the method of registration of foreign citizens;
Chapter 6 - Defines responsibility for violation of the Federal Law;
Chapter 7 - Describes the final provisions.

This law describes the legal status of foreign residents who are located in the Russian Federation. The law governs relations that appear between foreign citizens and state authorities.

Recent changes in the law on the temporary residence of foreign citizens in
RF

As mentioned above, the latest changes to the law were made on July 29, 2017. In particular, two articles were added.

Article 13

Clause 4.13 of Article 13 has been amended. It states that foreign citizens can work on the territory of the Russian Federation, including taking part in research projects.

Article 13.2

Article 13.2 describes the concept of a highly qualified specialist. Such a specialist can be a foreign citizen who has the skills, experience, and achievements in a particular field. The main condition for ensuring labor activity for a foreign citizen is receiving remuneration or wages.

No less important article of this Federal Law is article number 6.

Article 6: Temporary residence of foreign citizens in the Russian Federation

Article number 6 of the Federal Law-115 states on the conditions under which you can obtain a temporary residence permit. Conditions are established by the Government of the Russian Federation, as well as international treaties. Validity of temporary residence can last for three years.

Before approving the quota, the Government of the Russian Federation looks at the demographic situation in a particular region on the basis of statistical data. If the subject is able to equip foreign citizens, then they are given the appropriate quota.

In Article 6 there are registered categories of foreigners who, without a quota, can obtain a residence permit in the Russian Federation:

possessing citizenship obtained in the USSR;
recognized by the court as incapable and who have children with Russian citizenship;
enrolled in military service in the Russian Federation;
investing in enterprises located in Russia;
other categories provided by the Government of the Russian Federation.

The certificate of the right to temporary residence contains:

place of Birth;
name of the country in which citizenship was obtained;
date and number of the decision;
validity of the permit.

A foreign citizen is issued a temporary residence permit for a period of up to three years. Upon the expiration of the statutory period, the package of documents is reviewed again.

RWP eligibility

A foreign citizen can receive a temporary residence permit only if he has a quota document. Without it, obtaining a temporary residence permit is very difficult.

If the application for a quota has been rejected or canceled, the citizen may submit a new one a year after the refusal.

To obtain the quota required documents:

identification;
statement;
receipt of payment of state duties. The size of the state fee for submitting an application is 1,500 rubles.

Documents are submitted to the territorial body of the FMS at the place of residence or through a single website of public services. If the applicant has violated the procedure for collecting information, he may be held administratively liable.

If a foreign citizen has not reached the age of majority, then he has no right to apply.

The application for a quota should contain the following information:

the purpose of the application;
Name of the applicant;
data on the place of birth;
identification;
job information;
data on family composition;
judicial certificate of no criminal record and so on.