Within the framework of labor activity and stay in the Russian Federation of foreign citizens from 15.11.2022:

  1. Amendments to the Federal Law dated 30.12.2006 N 271-FZ “On Retail Markets and on Amendments to the Labor Code of the Russian Federation” are coming into force, according to which at all places and premises of the market the market management company must monitor compliance with the rules of attracting foreign citizens and stateless persons (including foreign workers) to labor activity in the Russian Federation by a person who has concluded a corresponding contract with such a company. In particular, storage, auxiliary, administrative and other premises are added to trading places. (p. 7) para. 1 of Art. 14)

It should be recalled that administrative liability is provided for violations of the rules on the employment of foreigners in trade facilities (including trade complexes):

  1. If the management company or its official/individual entrepreneur has provided the relevant trade place/premises to a foreign citizen illegally engaged in labor activity or issued him a permit/admission in another form to carry out activities at such a facility,

or

  1. provided a trading place/premises to another legal entity/ sole proprietor who do not have a permit to attract and use foreign workers but actually use foreign workers or who employ foreign citizens without a work permit or a patent, if they are obligatory,

there’s administrative responsibility:

– for officials – administrative fine in the amount of 45 thousand – 50 thousand RUB;

– for IE – administrative fine in the amount of RUB 350 thousand – RUB 800 thousand or administrative suspension of activities for a period of 14 to 90 days;

– for legal entities – administrative fine in the amount of 450 thousand – 800 thousand RUB or administrative suspension of activities for a period from 14 to 90 days (part 1, 2 of article 18.16 of the Administrative Offenses Code of the Russian Federation).

For such offenses committed in Moscow or St. Petersburg or in the Moscow or Leningrad region, increased penalties are provided:

– for officials – administrative fine in the amount of 45 thousand – 70 thousand RUB;

– for legal entities – administrative fine in the amount of 450 thousand – 1 million RUB or administrative suspension of activities for a period from 14 to 90 days (part 3 of article 18.16 of the Administrative Offenses Code of the Russian Federation).

Liability is incurred with respect to each foreign citizen or stateless person separately (note to parts 1, 3 of Article 18.16 of the CAO RF).

  1. Foreign citizens and stateless persons are included in the Federal Law of 21.12.1994 N 68-FZ “On Protection of Population and Territories from Natural and Technogenic Emergencies”.

Certain rights and obligations in the field of protection of population and territories from emergency situations (hereinafter – ES) are established in respect of foreign citizens.

1) Foreign citizens and stateless persons have the following rights:

– to protect life, health and personal property in case of emergency;

– in accordance with the action plans for emergency prevention and response, use collective and individual protection equipment and other property of the executive authorities of the constituent entities of the Russian Federation, local governments and organizations designed to protect the population from emergencies;

– to be informed of the risks to which they may be exposed in certain places of stay in the territory and of the necessary safety measures;

– to address personally, as well as to send individual and collective appeals to state bodies and local authorities on issues of protection of population and territories from emergencies, including ensuring safety of people on water bodies;

– to participate in emergency prevention and liquidation activities in accordance with the established procedure;

– pension benefits in case of disability due to injury or disease incurred in the performance of duties to protect the population and territories from emergencies, in accordance with the procedure established for employees whose disability occurred as a result of labor injury;

– for a pension for the loss of a breadwinner who was killed or died from an injury or disease sustained in the performance of duties to protect the population and territories from emergencies, in accordance with the procedure established for the families of citizens who were killed or died from an injury sustained in the performance of civil duty to save human life, protect property and law and order;

– to receive free legal aid in accordance with the legislation of the Russian Federation.

2) Foreign citizens and stateless persons permanently residing in the Russian Federation have additional rights on the basis of the principle of reciprocity in accordance with international treaties of the Russian Federation:

– for compensation for damage caused to their health and property as a result of the emergency;

– for compensation and social guarantees for living and working in emergency zones, as well as for psychological assistance;

– to receive compensation and social guarantees for damage caused to their health while performing their duties during the emergency response.

In addition, foreign citizens and stateless persons have the right to medical care (in terms of medical assistance) in accordance with the procedure established by the health protection legislation of the Russian Federation. (para. 1.1.1. of Art. 18)

The obligations of foreign citizens and stateless persons in the field of protection of the population and territories from emergency situations are similar to those of Russian citizens, in particular, they are obliged to:

– comply with laws and other regulatory legal acts of the Russian Federation and its subjects in the field of protection of population and territories from emergencies;

– observe safety measures in everyday life and daily work activities, prevent violations of production and technological discipline, environmental safety requirements, which may lead to emergencies;

– to study the basic methods of protection of population and territories from emergencies, first aid to victims, rules of protection of life of people on water bodies, rules of use of collective and individual means of protection, to constantly improve their knowledge and practical skills in this field;

– comply with the rules of behavior established by law during the introduction of a state of high readiness or emergency;

– If necessary, assist in carrying out emergency rescue and other urgent works;

– evacuate from the territory threatened by an emergency or from the emergency zone upon receiving information about evacuation measures (Art. 19).

The procedure and conditions, types and amounts of compensations and social guarantees provided to foreign citizens and stateless persons, as well as to citizens of the Russian Federation, are established by the legislation of the Russian Federation and its subjects.

State authorities of the constituent entities of the Russian Federation in the field of protection of the population and territories from emergencies in cases of natural and man-made emergencies may make decisions on making lump-sum cash payments not only to citizens of the Russian Federation, but also to foreign citizens and stateless persons, including determining the cases of making lump-sum cash payments, as well as the circle of persons to whom these payments will be made. (subparagraph l) paragraph 1 of Article 11).

The same bodies have the right to incur expenses related to the implementation of measures aimed at providing one-time material assistance, financial assistance and payment of one-time benefits to foreign citizens and stateless persons in cases of liquidation of emergencies of federal and interregional nature. Financial support of the expenses incurred by the RF subjects for these purposes may be provided at the expense of the federal budget in accordance with the procedure established by the RF Government (Clause 1.1.1.Art. 24).