The legal status of foreign citizens is being established. The legal status of foreign citizens and stateless persons in the Russian Federation. Fundamentals of the legal status of non-citizens in the Russian Federation

COURSE WORK

Legal status foreign citizens and stateless persons

Introduction

The relevance of this topic lies in the fact that in addition to citizens, a huge number of foreign citizens and stateless persons live in Russia. Russia is a multinational country. Therefore, I would like to consider the rights and freedoms of foreigners and stateless persons.

The object of the research was the legal status of foreign citizens and stateless persons on the territory of the Russian Federation.

The subject of the research was foreign citizens and stateless persons.

The theoretical basis of the work was the work of legal scholars (E.I. Kozlova, O.E. Kutafin, Ignatenko G.V., O.I. Tiunov, T.Ya., Khabriev, etc.). The main conclusion from the above works is that foreigners and stateless persons have almost all the rights that citizens of the Russian Federation do, they have the right to life, to exercise their labor activity, the right to rest and other rights, with the exception of political rights. The Russian Federation also encourages the registration of citizenship by foreign citizens and stateless persons. Foreign citizens are responsible for violations and illegal stay on the territory of Russia, which leads to expulsion or deportation from the country.

The normative base of the course work consists of the Constitution of the Russian Federation, Federal law "On the legal status of foreign citizens", "On citizenship Russian Federation", Federal Law on entry and exit to the territory of the Russian Federation"

The methodology of writing a work is a complex application of general scientific methods of cognition: dialectical, formal-logical, comparative legal, systemic and other methods of scientific cognition

The purpose of this work is - based on the analysis of theoretical works, legislation and practice, to consider the basic rights, freedoms and obligations of foreign citizens and stateless persons, to identify whether their rights are being infringed on the territory of the Russian Federation. Do not their rights violate the legislation of the Russian Federation.

To achieve this goal, the following tasks were identified:

.Study of the concept of a foreign citizen and a stateless person.

2.Study of the legal status of foreign citizens and stateless persons.

.Consideration of the fundamental rights, freedoms and obligations of foreigners and stateless persons

.Consider the procedure for acquiring citizenship, a residence permit, or a temporary residence permit.

.Study the responsibility of foreigners

.Consider in what cases and by whom deportation or expulsion from the country is applied

The course work consists of an introduction, 4 chapters, a conclusion and a list of used regulatory legal acts and literature.

1. Legal status of foreign citizens and stateless persons

.1 Concepts, fundamental rights, freedoms and obligations of a foreign citizen and stateless person

citizenship foreigner work residence

Foreign citizen according to Art. 2 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" is an individual who is not a citizen of the Russian Federation and who has proof of citizenship (nationality) of a foreign state;

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

The main principle that determines the legal status of foreign citizens and stateless persons in the Russian Federation is enshrined in Part 3 of Art. 62 of the Constitution of the Russian Federation. In accordance with it, these persons enjoy the rights and bear obligations on an equal basis with the citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation. There are two categories of foreign citizens: permanently residing and temporarily staying in the Russian Federation. There are certain differences in their status.

The basic principles of the legal status of foreign citizens in the Russian Federation are characterized by democratic, internationalist principles.

The use of rights and freedoms by foreign citizens should not harm the interests of the Russian Federation, the legitimate interests of its citizens and other persons. Foreign citizens are obliged to comply with the Constitution of the Russian Federation and its legislation. Foreign citizens permanently residing in Russia can work as workers and employees or engage in other labor activities on a common basis with citizens of the Russian Federation, unless otherwise provided by legislation. In federal laws, the appointment to certain positions or engaging in certain types of labor activity is linked to belonging to Russian citizenship.

Foreign citizens have the right to rest, health care, benefits, pensions and other forms social security, the use of residential premises, the right of ownership of a residential building and other property, the right to education, to the use of cultural achievements. They can join trade unions, cooperative, joint-stock, scientific, cultural, sports and other public associations (except for political parties), if this does not contradict their charter.

Along with the citizens of the Russian Federation, they are guaranteed freedom of conscience, the inviolability of the person and home.

Foreign citizens can conclude and dissolve marriages with citizens of the Russian Federation and other persons.

Among the features of the status of foreign citizens in the Russian Federation is their lack of the right to elect and be elected to elective government bodies, hold public office, as well as participate in popular elections (referendums). Under certain conditions, they can participate in the elections of bodies local government and a local referendum. Foreign citizens do not have responsibilities military service in the ranks of the Armed Forces of the Russian Federation.

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

Subject to the rules established by the Federal Law of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation”, foreign citizens can enter and leave the Russian Federation. The above provisions also apply to stateless persons in the Russian Federation, unless otherwise provided by legislation. However, they do not affect the privileges and immunities of the heads and employees of foreign diplomatic and consular missions, as well as other persons established by the legislation of the Russian Federation and international treaties.

The main conclusion from the above is that foreign citizens and stateless persons have all the rights that Russian citizens do, except for political rights, they cannot elect and be elected, participate in elections, and hold public office, they are also not liable for military service ...

1.2 Political asylum

In Art. 63 of the Constitution of the Russian Federation stipulates that the Russian Federation grants political asylum to foreigners and stateless persons in accordance with generally accepted norms international law... In this case, the Constitution proceeds from the norms of international law that each state uses the right to grant political asylum, and no one can consider this as an unfriendly act. The Presidential Decree of July 21, 1997 approved the Regulations on the procedure for granting political asylum by the Russian Federation.

The basis for granting political asylum is the persecution (or its real threat) of an asylum and protection seeker in the country of his citizenship or in the country of his usual residence for social and political activities and beliefs that do not contradict democratic principles recognized by the world community, the norms of the international rights.

If there are a number of grounds, political asylum is not granted: if the actions that are the reason for the persecution are recognized as a crime in Russia, or the person is guilty of committing actions that are recognized as a crime in Russia, or are contrary to the purposes and principles of the UN; if the person came from a third country where he was not in danger of persecution; if the person came from a country with developed and well-established democratic institutions in the field of human rights protection; if the person has arrived from a country with which the Russian Federation has an agreement on visa-free border crossing (without prejudice to the person's right to asylum in accordance with the Federal Law "On Refugees"); if the person has knowingly provided false information; if the person has the citizenship of a third country where he is not being prosecuted.

An application addressed to the President for political asylum is sent to the territorial body of the Federal Migration Service of Russia. This body considers the issue, requests the opinion of the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Federal Security Service of the Russian Federation and sends all materials to the Commission on Citizenship Issues under the President of the Russian Federation with its opinion. The Commission submits its proposals to the President for his decision. The granting of political asylum by the Russian Federation is made by the decree of the President of the Russian Federation.

A person who has been granted political asylum is issued certificate of the established form at the place of application of the person with the petition and is drawn up residence.

A person who has received political asylum shall enjoy rights and freedoms on the territory of Russia and bear obligations on an equal basis with citizens of Russia, except for the cases established for foreign citizens and stateless persons by federal law or an international treaty of the Russian Federation.

The right to political asylum is lost in cases of the return of a person to the country he left; leaving for a residence in a third country; voluntary refusal from political asylum on the territory of Russia; acquisition of Russian citizenship or citizenship of another country.

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

The extradition of persons accused of committing a crime, as well as the transfer of convicts to serve their sentences in other states, are carried out on the basis of federal law or an international treaty of the Russian Federation (Article 63 of the Constitution).

Summing up the above, there are several key points regarding political asylum:

.Political asylum is granted in accordance with the norms of an international treaty.

.The grounds for granting political asylum are persecution and threat to life

.Political asylum is not granted if a person has violated the law, harms the interests of citizens of the Russian Federation.

.A person who is granted political asylum is issued a residence permit at the Federal Migration Service.

.Foreigners and stateless persons who have received asylum bear responsibility on an equal basis with citizens of the Russian Federation.

There are other rules that are the basis for granting or denying political asylum.

1.3 Legal status refugees

The main form of granting protection to foreign citizens in the Russian Federation is their recognition as refugees in accordance with the legislation on refugees. The procedure for recognition as a refugee is regulated by the Federal Law of 19.02.1993 No. 4528-1 "On Refugees"

A refugee is a person who is not a citizen of the Russian Federation and who, due to well-founded fears of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, belonging to a certain social group or political opinion, is outside the country of his citizenship and cannot enjoy the protection of this country or does not want to use it due to such fear; or, not having a certain nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it due to such fears.

In accordance with the provision of the law, a foreign citizen who is outside the state of citizenship can apply for recognition as a refugee to a Russian mission abroad at the border, or on the territory of the Russian Federation. The applications accepted by the missions abroad are considered and decided by the FMS of Russia.

A qualified translator is provided for applicants. The procedure for considering an application is two-stage and consists of a preliminary examination of the application on the merits.

The preliminary consideration of the application is carried out within 5 days, consideration on the merits up to 3 months.

Refugee status is granted for up to 3 years. The refugee is counted annually.

Asylum seekers in the Russian Federation who have received refugee status, political or temporary, have access to the domestic labor market. They can work without special permission.

Thus, refugees have the same rights as citizens of the Russian Federation.

.4 Labor activity of foreign citizens and stateless persons on the territory of the Russian Federation

Federal Law No. 115 FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" means a foreign employee who is temporarily staying in the Russian Federation and carrying out labor activities in accordance with the established procedure on the basis of an employment or civil contract.

At the same time, the legislation of the Russian Federation allows a foreign citizen to register as individual entrepreneur, which however does not belong to the category of foreign labor.

A foreign citizen can be recognized as a foreign worker in the Russian Federation if he meets the following conditions:

.Have reached the age of 18;

.Stays in the Russian Federation temporarily;

.Has a work permit;

.Carries out activities on the basis of an employment or civil contract.

The labor activity of foreign citizens in the Russian Federation, as in many other states, is permissive in nature and requires a permit - a document confirming the right of a foreign worker to temporarily carry out labor activities on the territory of the Russian Federation. This is a prerequisite for legalizing the legal status of a foreign worker on the territory of the Russian Federation.

Foreign citizens enjoy the rights and obligations in labor relations on an equal basis with russian citizens, i.e. the legislation proceeds from the application of the principle of national treatment in the field of labor relations. Therefore, they are subject to general provisions labor legislation... With regard to working conditions and remuneration, discrimination of foreigners based on gender, race, nationality, language, religion, etc. is not allowed. In Russia, restrictions on labor activity established by the national legislation of the foreigner's country are not recognized. Foreigners are subject to labor protection provisions, special provisions concerning working conditions for women and adolescents, they have right on social manuals, right on recreation.
The Labor Code of the Russian Federation states that the generally recognized principles and norms of international law and international treaties of the Russian Federation in accordance with the Constitution of the Russian Federation are an integral part of legal system Russia.
According to Part 4 of Art. 11 on the territory of the Russian Federation the rules established by the Code, laws, and other regulatory legal actscontaining labor law norms apply to labor relations of foreign citizens, stateless persons, organizations created or established by them or with their participation, employees of international organizations and foreign legal entities, unless otherwise provided by federal law or an international treaty Russian Federation.

Russian legislation establishes restrictions for foreigners regarding the ability to engage in certain professions (hold certain positions). In particular, foreign citizens cannot be civil servants, hold the offices of a judge, prosecutor, investigator, notary, customs official, patent attorney; be a member of the flight crew of a civil aircraft or experimental aviation, marine ship crews; to engage in commercial production of fish and other aquatic animals and plants in the water bodies of the Russian Federation. These restrictions are established by the Federal Law of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation", KTM RF, Air the code RF.

The Law on the Legal Status of Foreign Citizens in the Russian Federation applies both to foreigners working in Russia on the basis of an employment contract, and to foreigners entering into civil contract to perform work (provide services). In either case, a work permit is required to carry out labor activities. In paragraph 4 of Art. 13 of the Law stipulates that the employer and the customer of work (services) have the right to attract and use foreign workers only if they have permission to attract and use foreign workers.

Permits are not required for foreign citizens permanently or temporarily residing in Russia, as well as for some categories of foreigners, in particular journalists accredited in our country, teachers invited to conduct classes in educational institutions, with the exception of teachers of spiritual educational institutions; foreign students studying in Russia in general educational institutions of professional education, working in period vacation.

A permit is not required for employees of foreign legal entities (manufacturers or suppliers) performing installation (installation supervision) works, service and warranty maintenance, as well as post-warranty repairs of technical equipment supplied to the Russian Federation.

With regard to the conclusion of an employment contract with foreigners and its content, as already noted, the provisions of Labor Code RF, as well as the rules established by the 2002 Law on the Legal Status of Foreign Citizens and other acts. The employer must have permission to attract and use foreign workers, issue an invitation, which is the basis for issuing a visa to a foreigner or for visa-free entry (Article 2, Part 2, Article 18 of the Law on the Legal Status of Foreign Citizens in the Russian Federation).

In accordance with paragraph 5 of Art. 13 of the Law, a foreign citizen temporarily residing in the Russian Federation is not entitled to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation, on the territory of which he is allowed temporary residence.

At the same time, this restriction does not apply to foreigners temporarily residing in Russia, for whom, as already noted, a permit has been established. order receipts on work.

Foreigners permanently residing in Russia can engage in labor activity on the grounds and in the manner established for Russian citizens. The only exceptions to the national treatment for such aliens are cases where, in accordance with russian legislation certain professions can be occupied or certain positions occupied only by citizens of Russia.

Foreigners who temporarily stay on the territory of Russia for the purpose of carrying out labor activities and who are hired for work under a general permitting procedure are in a different situation. The common thing for all foreigners temporarily staying in Russia is that they can engage in labor activity in the Russian Federation, if this is compatible with the purposes of their stay. Besides adhering to this general requirement for the employment of foreigners belonging to this group, the employer must obtain permission from the relevant federal authority executive powerin charge of the migration service (FMS, the Ministry of Internal Affairs of Russia), to attract foreign labor, and the foreigner himself - confirmation of the right to work in Russia.

The Decree of the Government of the Russian Federation of December 30, 2002 approved the Regulation on the procedure for issuing work permits to foreign citizens and stateless persons.

A foreign citizen who has reached the age of eighteen can receive resolution on work, if a it:

registered in Russia as an individual entrepreneur;

is hired as a foreign employee by a customer of work (services) or an employer. A permit is issued, but on one condition: if the employer or customer of work (services) contributes in the prescribed manner the funds necessary to ensure the departure of a foreign worker after the end of his contract from Russia.

The established procedure for issuing permits and confirmations does not apply to foreign citizens permanently residing in Russia, granted asylum in the territory of the Russian Federation, recognized as refugees and awaiting refugee status, but received a temporary residence permit.

This procedure also does not apply to foreign citizens working in Russia in accordance with interstate agreements, to employees of diplomatic and consular institutions, to religious leaders of official religious organizations and societies, to crew members of Russian sea and river vessels, to student interns who come to within the programs of Russian educational institutions, to accredited correspondents and journalists, to invited lecturers and instructors for work in academies and educational institutions of higher professional education, to persons for whom a different procedure for employment is established by interstate and intergovernmental agreements. Distinctive feature labor contracts with any foreigners temporarily staying in Russia, they are urgent. Agreements with foreigners subject to the permitting procedure are concluded for a period not exceeding the period of validity of the said higher permissions.

Labor rights foreigners who are duly recognized as refugees and foreigners who have been granted political asylum in Russia are similar to the rights of foreigners permanently residing in Russia. They enjoy the rights granted by the citizens of the Russian Federation, unless otherwise specifically provided for by the legislation of the Russian Federation (in particular, the above restrictions for foreigners regarding certain professions and positions). The employer does not need a special permit to employ them. Moreover, the relevant state bodies are obliged to provide assistance to refugees in finding a job and, if necessary, in vocational training and retraining. Employers who have recruited refugees are provided with additional tax benefits and compensations in order to reimburse the costs associated with the employment of these persons. Employment agreements concluded with refugees and asylum seekers in Russia are subject to norms russian legislation.

The general permitting procedure and, consequently, the requirement that the terms of the employment contract comply with Russian law (including wages, social security and insurance of foreign workers) also apply to contracts between foreign workers and foreign firms that engage them to fulfill contracts in Russia. This means that although the legislation of the Russian Federation in relation to labor relations does not formulate a general conflict of laws principle, it proceeds from the principle of applying the law of the country of place of work (lex loci laboris), even if the contract is concluded between foreign entities abroad. No exceptions are made to this principle.

Thus, when concluding an employment contract between a foreign employer and a foreigner on the performance of work on the territory of the Russian Federation, problems may arise associated with a conflict of laws of the Russian Federation and the legislation of a foreign state in which the employer and the employee are located. and where actually consists labor contract.

Special provisions apply to the employment of foreigners by enterprises with foreign investment. To hire foreigners from among highly qualified specialists for the positions of managers of enterprises with foreign investments located in Russia, as well as heads of departments of these enterprises, the employer does not need to obtain permission from the relevant authority, but the foreigner needs confirmation of the right to work. The conditions of collective and individual labor contracts cannot worsen the position of the employees of the enterprise in comparison with the conditions provided for by the legislation in force in the territory of the Russian Federation. Conditions of employment, work and rest, as well as pension provision foreign workers are usually agreed on an individual labor treaty from every of them.

2. Entry and exit of foreigners and stateless persons

Entry into the territory of Russia and exit are regulated by the Federal Law "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation", as well as international treaties of the Russian Federation. The documents giving the right to enter are for foreigners a passport and a visa (additional requirements are possible. Depending on the purpose of entering the Russian Federation and staying in Russia, a foreign citizen is issued a visa, which can be diplomatic, service, ordinary, transit and temporary resident visa. States can also agree on a simplified procedure for entry into the territory of the state, including visa-free entry.

In accordance with Art. 1 Agreements between the government of the Russian Federation and the government of Ukraine on visa-free travel of citizens of the Russian Federation and Ukraine on visa-free travel of citizens of the Russian Federation and Ukraine dated January 16, 1997, citizens of one state can leave and move through the territory of another without visas if they have identity documents and confirming Russian citizenship or Ukraine.

A simplified border crossing procedure can be provided for citizens holding diplomatic or service passports or a sailor's passport, residents of border areas, for tourist groups, participants in cultural exchange programs and international sports events, etc.

3. Temporary residence permit and residence permit

Temporary residence permit - a document that grants a foreign citizen or stateless person the right to reside in the country during its validity period and is issued in the established legislatively.

A temporary residence permit is issued in the form of a mark in the identity document of a foreign citizen or stateless person, or in the form of a document in the established form.

The bodies authorized to issue a temporary residence permit are usually the internal affairs bodies and the migration services.

The validity period of the temporary residence permit is 3 years without the possibility of extension.

The state may establish quotas for the issuance of such permits.

TRP is issued to foreigners:

· Within the quota, foreigners who expressed a desire to receive it and entered the quota.

· Outside the quota - a foreigner who was born in the territory of the RSFSR and was a citizen of the USSR or was born in the territory of the Russian Federation;

· Recognized as disabled and having a capable son and daughter - citizens of the Russian Federation;

· Having at least one disabled parent of a citizen of the Russian Federation;

· Married to a citizen of the Russian Federation with a place of residence in the Russian Federation;

· Has made investments in the Russian Federation in the amount established by the Government;

· Those who entered military service - for the period of their military service;

· Participant state program resettlement of compatriots, and members of his family who move with him;

· Having a child-citizen of the Russian Federation;

· Who has an adult son or daughter - citizens of the Russian Federation, recognized as incompetent or limited in legal capacity; As well as:

· Under the age of 18, who receives this permission together with a parent (adoptive parent, guardian, trustee) - a foreign citizen specified in the first part of the list (clause 2), or at the request of a parent (adoptive parent, guardian, trustee) - a citizen of the Russian Federation;

· who has reached the age of eighteen years, but is recognized in a foreign state as incapable or limited in legal capacity, who receives this permit together with a parent (adoptive parent, guardian, trustee) - a foreign citizen specified in the first part of the list (paragraph 2), or at the parent's application ( adoptive parent, guardian, trustee) - a citizen of the Russian Federation;

· in other cases provided for by federal law.

Residence permit on the territory of the Russian Federation

Residence - document for the right to reside in this state, issued to citizens of foreign states .

Foreign citizens can permanently reside in the territory of the Russian Federation, as established by Art. 8 of the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation. During the validity period of a temporary residence permit and if there are legal grounds, a foreign citizen may be issued a residence permit upon his application. An application for the issue of a residence permit is submitted by a foreign citizen to the territorial body of the federal executive body in charge of internal affairs, no later than 6 months before the expiration of the temporary residence permit. Before receiving a residence permit, a foreign citizen must live in the Russian Federation for at least 1 year on the basis of a temporary residence permit. A residence permit is issued to a foreign citizen for a period of 5 years. Upon the expiration of the residence permit, this period, upon the application of a foreign citizen, may be extended for 5 years. The number of extensions of the validity of the residence permit is not limited.

A residence permit contains the following information: last name, first name (written in letters of the Russian and Latin alphabets), date and place of birth, gender, citizenship of a foreign citizen, number and date of the decision on issuing a residence permit, name of the executive authority that issued the residence permit , and is drawn up in the form of a document of the established form.

The procedure for issuing a residence permit and the list of documents submitted simultaneously with an application for a residence permit, as well as the procedure for re-registering a residence permit, are approved by the Government of the Russian Federation.

Realizing the sovereign will, Russia legally establishes the grounds for refusing or canceling a residence permit (Article 9).

A residence permit and a temporary residence permit, these are documents that allow temporarily, but legally, to be located on the territory of the Russian Federation, they are drawn up in the federal migration service.

4. Responsibility of foreign citizens and stateless persons

Liability is envisaged for violations of the established rules of stay and residence of foreign citizens in the Russian Federation. Up to the administrative expulsion of a foreign citizen from the country. Employers who violated the established procedure for using the labor of foreign citizens, as well as officials of organizations receiving foreign citizens guilty of violations of the legislation of the Russian Federation related to registration, required documents and other requirements of the law.

Foreign citizens and stateless persons who have committed crimes, administrative or other offenses on the territory of the Russian Federation are subject to liability on a general basis with its citizens.

Those of them who violate the legislation on the legal status of foreign citizens can be reduced the period of stay in the Russian Federation, or they can be expelled from the country. With regard to illegal immigrants, their expulsion from the borders of the Russian Federation is applied.

4.1 Deportation and expulsion

Deportation (from Latin depotatio-export). Forced transfer of a person outside the state, in other words - exile, expulsion. As a rule, it is applied in relation to persons of foreign states or stateless persons staying in the territory of the state without the appropriate permission, as well as to other categories of “undesirable persons”.

Administrative and restorative measures in migration law, first of all, are manifested in the deportation of persons illegally staying on the territory of the Russian Federation, deprivation of refugee status or forced migrant in the case of providing false information that served as the basis for the decision, as well as in other cases.

An important place in the system of measures administrative coercion takes administrative responsibility as a type of legal responsibility, including, inter alia, the administrative expulsion of foreign citizens (stateless persons).

Deportation in accordance with Art. 2, 31 and 34 of the Law "On the Legal Status of Foreign Citizens", deportation means the forced expulsion of a foreign citizen from the Russian Federation in the event of loss or termination of legal grounds for his further stay (residence) in the Russian Federation. Only foreign citizens or stateless persons can be subject to deportation.

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

a) if the period of residence or temporary stay of a foreign citizen has been reduced and he has not left the Russian Federation within 3 days;

b) if the temporary residence permit or residence permit is canceled and the foreign citizen has not left the Russian Federation within 15 days

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

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

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

It is not a type of administrative punishment.

Deportation is applied for both lawful and illegal act (inaction).

Administrative expulsion. Russian administrative legislation classifies the administrative expulsion from the Russian Federation of foreign citizens and stateless persons as administrative measures and defines that administrative expulsion is a forced and controlled movement of foreign citizens or stateless persons outside the territory of the Russian Federation on the grounds and in the manner that provided by federal law

This is one of the types of administrative punishment that applies only to foreign citizens and stateless persons. The main purpose of this measure is to punish foreign citizens and stateless persons for administrative offenses committed by them on the territory of the Russian Federation.

forced and controlled movement of foreign citizens and stateless persons across the state border of the Russian Federation outside Russia;

controlled independent departure of these citizens and stateless persons from the Russian Federation.

Considering it as a type of administrative punishment, of course, we can conclude that the basis for its application is an administrative offense. Compositions of administrative offenses, the commission of which entails the issuance of a decision on the administrative expulsion of foreign citizens and stateless persons, contains the Code on administrative offenses RF (Code of Administrative Offenses of the RF). These include:

violation of the regime of the State Border of the Russian Federation (part 2 of article 18.1 of the Administrative Code of the Russian Federation);

violation of the regime at checkpoints across the state border of the Russian Federation (part 2 of article 18.4 of the Administrative Code of the Russian Federation);

violation by a foreign citizen or stateless person of the rules for entering the Russian Federation or the regime of stay (residence) in the Russian Federation (Article 18.8 of the Administrative Code of the Russian Federation);

illegal employment by foreign citizens and stateless persons in the Russian Federation (Article 18.10 of the Administrative Offenses Code of the Russian Federation);

violation of immigration rules (Article 18.11 of the Administrative Code of the Russian Federation);

non-observance of restrictions on the implementation of certain types of activities established in accordance with federal law in relation to foreign citizens, stateless persons and foreign organizations (part 2 of article 18.17 of the Administrative Code of the Russian Federation);

submission of false information in the implementation of migration registration (Article 19.27 of the Administrative Code of the Russian Federation);

The administrative expulsion of foreign citizens and stateless persons is characterized by the following 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 on the basis of a committed administrative offense.

The decision on administrative expulsion is made and implemented unilaterally. Appointed by a judge, and in the event that 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 made without the consent of the state of which the person is a citizen, it can only be notified about it.

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

Execution of the decision on administrative expulsion implies either control over the exit, which is carried out at the expense of the expelled person or the individual (legal) person who invited him, or forced transfer across the State border outside the Russian Federation.

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

Mention should also be made of such a specific method of administrative and legal regulation as the institution of undesirability of stay (residence) of a foreign citizen (stateless person) in the Russian Federation, which is one of the effective means of Russia's migration policy. Its main difference from deportation and administrative expulsion is that the very fact that a foreign citizen is on the territory of the Russian Federation does not affect the adoption of such a decision. 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 an interim measure of influence in relation to the execution of the decision on the undesirability of the stay (residence) of a foreign citizen (stateless person) in the Russian Federation.

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

Ministry of Internal Affairs of Russia

FSB of Russia

Russian Defense Ministry

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

Deportation and administrative expulsion are not the only means of implementing the migration policy of the Russian Federation, however, their application is rather harsh measures in relation to foreign citizens (stateless persons) due to the fact that they entail unfavorable consequences in the form of restrictions on subsequent entry into the Russian Federation for a long period of time - 5 years, and can also be associated with short-term restrictions on personal freedom and freedom of movement during their execution. In this regard, their not only administrative, but also a preventive role in the formation of the proper lawful conduct relevant subjects - foreign citizens (stateless persons).

Deportation and administrative expulsion are one of the sources of statistical data indicating the effectiveness of the mechanism of the state's migration policy and qualitative changes in the processes taking place in the migration sphere.

Thus, these measures of state migration policy should be considered an objective condition for a direct impact on public relations in the field of migration, as well as an important law enforcement tool for the implementation of the migration policy of the Russian Federation by the authorized bodies.

Conclusion

The Russian Federation is a multinational country. A huge number of foreign citizens and stateless persons live in Russia. Summing up the results of this course work, I would like to highlight the main points:

.Foreign citizens staying on the territory of Russia have all rights and obligations, on an equal basis with citizens of the Russian Federation, except for political ones.

.Entry and exit from the Russian Federation is carried out with a visa.

.For permanent and temporary residence, a residence permit and a temporary residence permit are issued for a period of 3 years

.For violation and non-compliance with the norms established by the state, a foreigner or stateless person is expelled from the country for a period of 5 years.

Writing this course work helped me not only to deepen and consolidate the knowledge gained in the learning process, but also to gain practical skills in working with normative and scientific materials, skills in using the dialectical principles of cognition of social reality, the provisions of a systematic approach to the analysis of social - legal phenomena and private scientific research methods: historical and legal, comparative legal, formal logical, statistical and other methods of scientific cognition.

Bibliography

1. Bogoslavsky M.M. International private law. Labor rights of foreigners. - 2005 .-- 416 p.

2. Ignatenko G.V. Tiunov O.I. International law. - M .: Norma, 2009 .-- 784 p.

Kozlova E.I., Kutafin O.E. Constitutional law of Russia: textbook. - 4th ed., Rev. and add. - M .: Prospect, 2010.-608 p.

Petrenko A.V. Constitutional law of Russia. Lecture notes.-M.: AST: Polygraphizdat; SPb .: Sova, 2010.-160 p.

Smolenskiy M.B. Markhheim. - Rostov n / a: Phoenix, 2007 .-- 445, p.

Tkach M.I. Popular law dictionary encyclopedic Dictionary. - Rostov n / a: Phoenix, 2008 .-- 315, p. - (Dictionaries).

Khabrieva T.Ya. Immigration law. Theory and practice. - M .: Law firm "KONTRAKT", 2008. - 336 p.

Similar works to - Legal status of foreign citizens and stateless persons

By foreign in Russia, persons are recognized who are not citizens of the Russian Federation and who have proof of the existence of a foreign state. Stateless persons and those persons who have a residence permit are equated to them.

The concept of "foreign citizens" includes different categories of persons with foreign citizenship, as well as stateless. These can be employees of diplomatic and consular missions (and members of their families), foreign citizens permanently residing in Russia, if they have a permit and a residence permit, as well as persons temporarily staying in Russia (crew members of foreign aircraft and sea vessels, tourists, businessmen, scientists and cultural figures, relatives of Russian citizens, etc.). A special group is made up of refugees, whose legal status is regulated by special acts.

The Russian Constitution establishes that foreign citizens and stateless persons enjoy rights and bear obligations on an equal basis with Russian citizens... Exceptions are possible only in accordance with federal law or an international treaty of the Russian Federation (part 3 of article 62 of the Constitution of the Russian Federation).

The role of the law regulating the legal status of foreigners in Russia is performed by the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”.

Foreign citizens enjoy the rights and obligations in the Russian Federation on an equal basis with the citizens of the Russian Federation, with the exception of cases provided for by the Federal Law. This applies to their personal (inviolability and home, freedom of conscience, etc.), as well as economic, social and cultural rights, if they are provided for non-citizens (the right to economic activity and, labor activity, rest, health care, social security, education, participation in public organizations, the use of cultural achievements, etc.). Permanently residing foreign citizens have the right to elect and be elected to local self-government bodies, as well as participate in local referendums.

But they are deprived of those rights, mainly from the category of political ones, which, according to the Russian Constitution and laws, are granted only to Russian citizens (holding some government positions, participating in political parties, the right to elect and be elected to government bodies, participation in referendums, etc.). There are some restrictions on rights, such as freedom of movement. A foreign citizen has the right to defend his rights by all means provided by the Constitution of the Russian Federation, including the right to go to court.

The same principle underlies the definition of the responsibilities of foreign citizens. These citizens do not carry out military service in the ranks of the Armed Forces of the Russian Federation (according to the Constitution of the Russian Federation, this is the duty of only citizens of Russia), but they are subject to constitutional duty pay legally established taxes and fees, preserve nature and environment, to take good care of natural resources, to protect the monuments of history and culture. Foreign citizens are obliged to respect the Constitution of the Russian Federation and comply with the laws in force on the territory of Russia.

A foreign citizen guilty of violating the legislation of the Russian Federation is brought to justice in accordance with the legislation of the Russian Federation. At the same time, a foreign citizen illegally staying in the Russian Federation is subject to registration, photographing and compulsory state registration with the subsequent placement of the information received in the central data bank.

Employees of diplomatic and consular missions and their family members have immunity and privileges established by international law, as a result of which the jurisdiction of the Russian Federation does not extend to them. Certain categories of persons (persons with consular immunity, members of the crews of aircraft and sea vessels, military personnel in Russia on duty) are subject to the jurisdiction of the Russian Federation within certain limits.

The movements of foreign citizens associated with their entry into Russia, transit travel, movement through the territory of Russia, when changing their place of residence, are regulated by the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" dated July 18, 2006. A notification and authorization procedure is provided. registration at the place of residence, the rights and obligations of such persons, responsibility for violation of the rules of migration registration.

The right to political asylum. Extradition

In accordance with this right, every person persecuted for their beliefs can seek asylum in other countries and use this asylum. As such, this right is enshrined in the Universal Declaration of Human Rights and most constitutions in the world. Such protection is enjoyed by a person who is persecuted in his homeland for political, religious and other beliefs, if these beliefs are not criminal from the point of view of international law. For example, the right to asylum is not recognized for those who commit non-political crimes or acts contrary to the purposes and principles of the UN (war crimes, crimes against peace and humanity), and persons who have committed a criminal offense (murder, terrorist acts, speaking out in defense of racism, undermining public order, etc.).

The Constitution of the Russian Federation accepts this approach of the civilized world, granting the right to political asylum to foreign citizens and stateless persons in accordance with generally recognized norms of international law (part 1 of article 63). Granting political asylum is within the competence of the President of Russia. RF of December 1, 2003 approved the Regulation on the procedure for granting political asylum to the RF, which regulates all practical issues of granting political asylum. The number of requests is insignificant.

Closely related to the granting of political asylum extradition question , i.e. transfer to another state of a person against whom a criminal prosecution has been initiated in that state or a sentence has been passed by a court. The question of extradition usually arises when a person who has committed a crime in the territory of one state (it can be a citizen of this state or a foreigner) takes refuge in another state. There are also more complex cases: when a requirement is made for the extradition by the state of its citizen who has committed a crime in another state, but in most countries the extradition of its citizens is constitutionally prohibited. In Russia, the Constitution (part 1 of Art. 61) established that “ a citizen of the Russian Federation cannot be ... extradited to another state". It is also prohibited to extradite to other states persons persecuted for political convictions, as well as for actions (or inaction) that are not recognized as a crime in the Russian Federation (part 2 of article 63 of the Constitution of the Russian Federation). Another matter is the extradition of persons accused of committing a crime, as well as the transfer of convicts to serve their sentences in other states. This is possible on the basis of federal law or an international treaty of Russia. The Russian Federation has agreements on legal assistance in civil and criminal cases with Algeria, Bulgaria, Hungary, Greece, Italy, Cuba, North Korea, Poland and other states; these agreements define the range of persons to be extradited and the conditions for their extradition. Similar norms are contained in the Convention of the CIS countries on legal assistance and legal relations in civil, family and criminal cases of January 22, 1993. The most important condition for extradition is the recognition of the act of a person as criminal both in the state that requires extradition and in the state to which the corresponding requirement (requirement of "double criminality"). In democratic countries, extradition is carried out on the basis of judgment... At the same time, the court establishes not only the existence of "double criminality", but also certain guarantees for the person subject to extradition from the state that has applied for extradition. In most countries, courts refuse extradition in cases where the offense committed by the person carries the death penalty. The European Court of Human Rights has established the impossibility of extradition if there is reason to believe that the expelled person will be subjected to torture or inhuman or degrading treatment. The court is obliged to conduct an independent assessment of the circumstances the person may face in the country to which he is being deported.

Russia has ratified the European Convention on Extradition and the Protocols thereto (Federal Law of October 25, 1999), but with reservations (extradition may be refused if a verdict is passed by an emergency court, if there is a threat of torture, a person has reached old age, etc. ). Federal law adopted on the same day ratified the European Convention on Legal Assistance (also with reservations).

International cooperation in the field of criminal proceedings and the procedure for extradition are regulated in detail in part five of the Criminal Procedure Code of the Russian Federation. A request for the extradition of a citizen of the Russian Federation is sent to a foreign state on the basis of an international treaty or obligation Attorney General RF to issue in the future on the basis of the principle of reciprocity to this state of persons in accordance with the legislation of the RF (Art. 460 of the RF Criminal Procedure Code). A person extradited by a foreign state cannot be detained, prosecuted, convicted without the consent of the state that extradited him, and also transferred to a third state for a crime not specified in the extradition request (Article 461 of the CCP RF). The Code regulates the procedure for judicial appeal against a decision on extradition, refusal to extradite a person, transfer of an extradited person, etc. It is allowed to transfer a person convicted to the Russian Federation to serve a sentence in the state of which he is a citizen, and, conversely, under certain conditions, refusal to a foreign state in extradition of a convicted person to serve his sentence in this state.

As a result of the course pursued by the Russian Federation to overcome totalitarian isolationism and integrate the country with the world community, many foreign citizens and stateless persons began to reside - permanently and temporarily - on the territory of the Russian Federation. establishes that they enjoy the rights and bear responsibilities on an equal basis with Russian citizens. Exceptions are possible only in accordance with federal law or an international treaty of the Russian Federation (part 3 of article 62 of the Constitution of the Russian Federation). The role of the law regulating the legal status of foreigners in Russia is performed by the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” (as amended on December 29, 2010).

Foreign citizens in Russia are persons who are not citizens of the Russian Federation and who have proof of citizenship of a foreign state. Stateless persons and those persons who have a residence permit are equated to them.

The concept of "foreign citizens" includes different categories of persons with foreign citizenship, as well as stateless. These can be employees of diplomatic and consular missions (and members of their families), foreign citizens permanently residing in Russia, if they have a permit and a residence permit, as well as persons temporarily staying in Russia (crew members of foreign aircraft and sea vessels, tourists, businessmen, scientists and cultural workers, relatives of Russian citizens, etc.). A special group is made up of refugees, whose legal status is regulated by special acts.

Foreign citizens enjoy the rights and obligations in the Russian Federation on an equal basis with the citizens of the Russian Federation, with the exception of cases provided for by federal law. This applies to their personal rights (inviolability of the person and home, freedom of conscience, etc.), as well as economic, social and cultural rights, if they are provided for non-citizens (the right to economic activity and private property, labor activity, recreation, health protection, social security, education, participation in public organizations, the use of cultural achievements, etc.). Permanently residing foreign citizens have the right to elect and be elected to local government bodies, as well as to participate in local referendums. But they are deprived of those rights, mainly from the category of political ones, which, according to the Russian Constitution and laws, are granted only to citizens of the Russian Federation (occupation of some government positions, participation in political parties, the right to elect and be elected to government bodies, participation in referendums, etc.). There are some restrictions on rights, such as freedom of movement. A foreign citizen has the right to defend his rights by all means provided by the Constitution of the Russian Federation, including the right to go to court.

The same principle underlies the definition of the responsibilities of foreign citizens. These citizens do not carry out military service in the ranks of the Armed Forces of the Russian Federation (according to the Constitution of the Russian Federation, this is the duty of citizens of the Russian Federation only), but they are subject to the constitutional obligation to pay legally established taxes and fees, preserve nature and the environment, take good care of natural resources, protect historical monuments and culture. Foreign citizens are obliged to respect the Constitution of the Russian Federation and comply with the laws in force on the territory of Russia.

A foreign citizen guilty of violating the legislation of the Russian Federation is held accountable in accordance with the legislation of the Russian Federation. In this case, a foreign citizen illegally staying in the Russian Federation is subject to registration, photographing and compulsory state fingerprint registration with the subsequent placement of the information obtained in the central data bank. The law establishes the procedure for the transfer and reception of foreign citizens in accordance with the international agreements of the Russian Federation on readmission.

Employees of diplomatic and consular missions and their family members have immunity and privileges established by international law, as a result of which the jurisdiction of the Russian Federation does not extend to them. Certain categories of persons (persons with consular immunity, crew members of aircraft and ships, military personnel in Russia on duty) are subject to the jurisdiction of the Russian Federation within certain limits.

The movements of foreign citizens associated with their entry into Russia, transit passage, movement of the territory of Russia, when changing their place of residence are regulated by the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” (as amended on December 23, 2010). There is a notification and authorization procedure for registration at the place of residence, the rights and obligations of such persons, responsibility for violation of the rules of migration registration.

The amendments introduced in 2006 to the legislation on foreign citizens significantly improved the regulation of labor migration processes in Russia. It provides for the possibility of independent receipt by foreign citizens who arrived in Russia in a visa-free manner, work permits within 10 days from the date of application. Employers are given the right to attract such foreign workers without obtaining permission to attract and use foreign labor and fulfill the encumbrances associated with obtaining it, provided that the foreign worker meets the mandatory requirements for health, profession, specialty and qualifications established by law.

In order to regulate the migration flows of foreign citizens arriving in Russia in a manner that does not require a visa. The Government of the Russian Federation is empowered to increase or decrease the established 90-day period of temporary stay in the Russian Federation as a whole, and on the territory of one or several constituent entities of the Russian Federation for certain categories of temporarily staying foreign citizens. New migration quotas will make it possible to take into account not only quantitative, but also qualitative (profession, qualifications) characteristics of labor migrants, to regulate migration flows at the level of the Russian Federation and the level of the constituent entities of the Russian Federation.

A quota for the issuance of work permits can be established by the Government of the Russian Federation for all categories of foreign workers, taking into account the socio-economic development of the Russian Federation, the need to attract foreign workers, the efficiency of using foreign labor and its contribution to the economy, and social sphere country. Every year, by a decree of the Government of the Russian Federation, a quota is approved for the issuance of invitations to foreign citizens to enter the Russian Federation in order to carry out labor activities and work permits for foreign citizens who arrived in a manner that does not require a visa.

The law establishes that temporary residence of foreigners under the quota of the Government of the Russian Federation is allowed for three years. But some categories receive permission without taking into account the quota (those who were citizens of the USSR or were born in Russia, have children who are citizens of the Russian Federation, are married to a citizen of the Russian Federation, etc.).

In order to combat illegal emigration, the Russian Federation in March 2007 ratified the Agreement with the European Community on readmission, which provides for the identification and return of persons who do not meet the conditions of entry into the territory of the Russian Federation or the territory of one of the EU states or the conditions of stay or residence on the data territories.

Russian Federation - assignee and assignee Russian state, The Russian republic, the RSFSR and the USSR. This continuity (continuity) russian statehood is reflected in the institution of Russian citizenship, giving rise to a special procedure for acquiring citizenship, state support, legal protection in relation to citizens of the Russian Federation permanently residing abroad, or immigrants from Russia (emigrants) who were citizens of Russia or the USSR, but who became citizens of another state or persons without citizenship. These persons, like their descendants, are called compatriots, and their legal status is regulated by the Federal Law "On the State Policy of the Russian Federation in relation to Compatriots Abroad" (as amended on July 23, 2010).

This Law establishes the procedure and grounds for the recognition and confirmation of belonging to compatriots, principles and goals public policy Russia in relation to compatriots. Compatriots have the right to acquire Russian citizenship in a simplified manner. Russia is helping to reduce the number of stateless persons among compatriots, and government bodies are promoting the voluntary resettlement of compatriots to Russia. The procedure for acquiring Russian citizenship for each group of compatriots and the form of state support in the field of fundamental human and civil rights and freedoms, in the economic and social fields, in the field of culture, language and education, in the field of information have been established.

Fundamentals of the legal status of non-citizens in the Russian Federation

Foreign citizens - these are persons who are not Russian citizens and have proof of citizenship of a foreign state (if there is both, this is a state of dual, multiple citizenship, which is regulated differently).

The peculiarities of the legal status of foreigners in Russia depend on whether they are in this country temporarily or permanently, they are legally present in the country or are illegal immigrants, from the treaties of Russia with this or that state. A special category of foreign citizens are heads and employees of diplomatic missions and consulates. They have certain privileges and immunities established russian laws and international agreements. However, with respect to all foreign citizens, stateless persons with multiple citizenship, there is general principle: they must comply with the laws of the host country, their activities should not harm the interests of the Russian state, the legitimate interests of citizens of the Russian Federation and other persons. A foreigner living in Russia must have an income that allows him to support himself and his family.

The legal status of foreign citizens in the Russian Federation is regulated by the Federal Law of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”. It also applies to stateless persons, unless special rules apply to them. Term stay a foreign citizen in Russia is determined by the period of the visa issued to him, and the period temporary stay in a procedure that does not require a visa, cannot exceed 90 days. In this case, a notification procedure has been introduced for invitations: the inviting party notifies the appropriate federal authority about this. For those who have entered into an employment or civil law agreement for the performance of work or services, the period of temporary stay is extended for the duration of the contract, but not more than for a year. This order should be distinguished temporary residence foreigner in Russia. Such a permit is issued to a foreigner for a period of three years (but within the quota, the number of such persons is approved by the Government of the Russian Federation). Refusal to issue a temporary residence permit is possible, in particular, if the foreigner supports terrorist (extremist) activities, is convicted, cannot support himself and his family within the subsistence level, and does not have a living quarters. During the period of validity of a temporary residence permit, a foreigner may be issued residence (from 14 years old) with a photo (children under 14 years old are included in the residence permit of their parents). It gives the right to permanent residence In Russian federation. The residence permit is issued for five years and can be renewed several times.

A foreigner can be invited to the Russian Federation by anyone natural person, organization, including for training and work, but invitations formalized and issued by the federal executive body. Invitations for labor activity are issued separately - in the amount of a quota (number of persons), annually approved by the Government of the Russian Federation (in 2003 the quota was 530 thousand people, in 2004 - 213 thousand with a reserve of 20 thousand 332 people), for 2006 - 329,300, in 2008 - 140,790 people (with distribution by constituent entities of the Russian Federation), in 2009 - initially 3.9 million, but then this number was reduced. Before issuing an invitation, employees of employment centers give an opinion on the advisability of inviting foreign labor, and if there are unemployed persons in the region who are registered to get a job, the invitation may be refused. On inviting immigrants to work in accordance with the quota of the Government of the Russian Federation, it is necessary notify Federal Migration Service (instead of the previous permit). In case of legal immigration, a foreigner is issued a special document - immigration card.

Foreign citizens and stateless persons living in Russia enjoy the right to work, to entrepreneurial activity, to rest, to education, property rights and other socio-economic and cultural rights. They have the right to join trade unions, cooperatives, sports and other associations (except political), if this does not contradict their statutes. Foreigners and stateless persons enjoy personal constitutional rights (freedom of conscience, inviolability of the person, home, etc.), can marry citizens of the Russian Federation and other persons (in all cases - of a different sex), have the right to go to court.

Foreigners and stateless persons cannot participate in elections to government bodies, in referendums of the Russian Federation and constituent entities of the Russian Federation (but, as mentioned above, under certain conditions, on the basis of international agreements and reciprocity, they have the right to participate in local elections and referendums), cannot be members of political parties, hold public office. In accordance with Russian law, foreigners are not entitled to have a controlling stake in electronic mass media (this restriction does not apply to newspapers and magazines). Limited to foreigners on land. Some jobs may be closed for foreigners (a foreigner cannot be an aircraft commander, work as a radio and television presenter, foreigners cannot be hired for any work in military camps, facilities associated with state secrets, organizations associated with nuclear production) , and advantages in admission to permitted types of work can be given to their own citizens. To visit a number of objects, foreigners need permission (territories of closed administrative-territorial formations, military towns, border zones, objects on which government bodies are located, there are “limited zones” in the constituent entities of the Russian Federation, etc.). Foreign traders are prohibited from operating in retail markets.

Foreigners, along with citizens of the Russian Federation, bear many responsibilities. They are obliged to respect the Constitution of the Russian Federation and comply with laws, pay taxes, take good care of natural resources, preserve historical and cultural monuments, but they are not obliged to serve in the army. For committing crimes, administrative or other offenses on the territory of the Russian Federation, foreigners and stateless persons are liable along with citizens of the Russian Federation. This liability does not apply to persons enjoying diplomatic immunity.

If foreigners violate the terms of stay in Russia, they may be subject to deportation - administrative expulsion (without a court decision) from Russia. Measures to expel such foreigners and stateless persons may be carried out federal bodies - Ministry of Internal Affairs of Russia, FSB of Russia, federal Service for the control of drug trafficking, the Ministry of Health and Social Development of the Russian Federation, etc. (a total of nine ministries and departments).

The right to political asylum

Political asylum in Russia is provided to foreign citizens and stateless persons in accordance with the Regulations approved by the Decree of the President of the Russian Federation of July 26, 1995. At the same time, granting asylum to certain persons should not be considered as an unfriendly act in relation to other states. Political asylum is granted to persons who are persecuted (if there is a real threat of persecution) in the country of their citizenship or habitual residence for public and political activities and beliefs that comply with general democratic principles recognized by the world community and the norms of international law. It is not granted if the actions committed by asylum seekers are recognized as a crime in Russia, are contrary to the purposes and principles of the UN, and if this person has knowingly provided false information, has citizenship of a third country where he is not persecuted, came from a country with well-established democratic traditions in the field of human rights protection or with which Russia has an agreement on visa-free border crossing.

An application for political asylum is submitted to the President of the Russian Federation. The granting of political asylum is carried out by the decree of the President of the Russian Federation. An asylum seeker is issued a certificate and a residence permit is issued. Such a person enjoys the rights and freedoms and bears obligations on an equal basis with the citizens of the Russian Federation, subject to the restrictions established by the laws or international treaties of the Russian Federation.

Issue () citizens of the Russian Federation are not allowed, as in other countries. Extradition of persons persecuted for political convictions or for actions that are not recognized as crimes in Russia is prohibited. The extradition of other persons accused of committing crimes in other countries and the transfer of convicts to serve their sentences in other countries is possible on the basis of federal law or an international treaty of the Russian Federation (part 2 of article 63 of the Constitution of the Russian Federation).

The legal status of foreign citizens and stateless persons in the Russian Federation

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

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

The basic principles of the legal status of foreign citizens in the Russian Federation are characterized by democratic, internationalist principles.

The use of rights and freedoms by foreign citizens should not damage the interests of the Russian Federation, the legitimate interests of its citizens and other persons. Foreign citizens are obliged to comply with the Constitution of the Russian Federation and its legislation. legal foreign citizenship social

Foreign citizens permanently residing in Russia can work as workers and employees or engage in other labor activities on a common basis with citizens of the Russian Federation, unless otherwise follows from the legislation. In federal laws, the appointment to certain positions or engaging in certain types of labor activity is linked to belonging to Russian citizenship.

Foreign citizens have the right to rest, health care, benefits, pensions and other forms of social security, the use of living quarters, the right to ownership of a residential building and other property, the right to education, and the use of cultural achievements. They can join trade unions, cooperative, joint-stock, scientific, cultural, sports and other public associations (except for political parties), if this does not contradict their charter.

Along with the citizens of the Russian Federation, they are guaranteed freedom of conscience, the inviolability of the person and home.

Foreign citizens can conclude and dissolve marriages with citizens of the Russian Federation and other persons.

Among the features of the status of foreign citizens in the Russian Federation is their lack of the right to elect and be elected to elective government bodies, hold public office, and participate in popular elections (referendums). Under certain conditions, they can participate in local elections and local referendums.

Foreign citizens do not have military service duties in the ranks of the RF Armed Forces.

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

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

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

In Art. 63 of the Constitution of the Russian Federation stipulates that the Russian Federation grants political asylum to foreign citizens and stateless persons in accordance with generally recognized norms of international law. In this case, the Constitution proceeds from the norms of international law that each state uses the right to grant political asylum, and no one can consider this as an unfriendly act.

31. LEGAL STATUS OF FOREIGN CITIZENS AND PERSONS WITHOUT CITIZENSHIP