Since 05.01.2024, changes have been introduced to the Administrative Offenses Code of the Russian Federation regarding the responsibility of foreign citizens by Federal Law of 25.12.2023 No. 649-FZ. Additionally, amendments have been made regarding the duration of the detention of foreigners in special institutions during the administrative expulsion procedure from the Russian Federation.

Replacement of forced expulsion from the Russian Federation or controlled self-departure from the Russian Federation with other types of penalties

When imposing administrative punishment in deciding on the forced expulsion from the Russian Federation or the controlled self-departure from the Russian Federation of a foreign citizen[1], judges will take into account the following factors regarding the foreign citizen:

  • duration of residence in the Russian Federation,
  • marital status,
  • attitude towards payment of taxes prescribed by the legislation of the Russian Federation,
  • income and housing security in the territory of the Russian Federation,
  • occupation and profession,
  • law-abiding behavior,
  • application for Russian citizenship, and other circumstances[2].

In general, if mandatory expulsion from the Russian Federation or controlled self-departure from the Russian Federation is prescribed for the violation, the court, considering these circumstances and in the absence of a state willing to accept a stateless person, may deem such punishment excessive and replace it with an administrative fine ranging from 40,000 to 50,000 rubles or compulsory labor for a period of 150 to 200 hours[3].

Exceptions to the above-mentioned mitigations apply to violations:

Violations of the rules of spectator behavior during official sports competitions upon their repeated commission / gross violation[4];

Propagation of non-traditional sexual relations and/or preferences, gender reassignment[5];

Propagation of pedophilia[6];

Dissemination among minors of information demonstrating non-traditional sexual relations and/or preferences or capable of causing minors to desire a gender change[7];

Evasion of the execution of administrative punishment in the form of administrative expulsion from the Russian Federation in the form of controlled self-departure from the Russian Federation[8].

For these violations, the punishment is strictly established according to the relevant articles of the Administrative Offenses Code of the Russian Federation and cannot be replaced.

Non-Imposition of Administrative Liability in Certain Cases of Migration Violations

Not subject to administrative liability for violating entry rules into the Russian Federation, stay (residence) regime in the Russian Federation, illegal employment in the Russian Federation, or violation of immigration rules –
stateless individuals:

who have applied for the issuance of a temporary identity document for stateless persons in the Russian Federation, or

who have obtained the specified document, or

who have applied for the establishment of identity as provided for by Article 10.1 of the Federal Law of July 25, 2002, No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation,”

In these cases, such violations must be identified when submitting the corresponding application[9]. Only under these conditions does the liability not arise.

Issuing a temporary identity document for stateless individuals in the Russian Federation, who are subject to administrative expulsion from the Russian Federation, or recognizing the person as a refugee, or obtaining a certificate of consideration of the application for refugee status on the territory of the Russian Federation

entails a review of the resolution in the case of an administrative offense regarding the imposition of administrative punishment in the form of administrative expulsion from the Russian Federation upon the prosecutor’s protest or the complaint of such person and/or replacement of the punishment in cases specified in paragraphs 3.6 – 3.8 of Article 4.1 of the Administrative Offenses Code of the Russian Federation (discussed in point 1 above).
The review of the above-mentioned resolution is carried out in the manner and within the timeframes established by Chapter 30 of the Administrative Offenses Code of the Russian Federation[10].

Duration of Detention of Foreigners in Special Institutions

Amendments have been made to the Administrative Offenses Code of the Russian Federation, establishing the duration of detention for foreigners subject to administrative expulsion from the Russian Federation in special institutions. In general, such a period should not exceed 90 days, unless extended[11].

Foreigners subject to expulsion are placed in special institutions not only until forced expulsion from the Russian Federation but also until the annulment of the resolution on administrative expulsion or the amendment of this resolution in cases established by law[12].

If there is no practical possibility of executing the expulsion resolution, the detention period of a foreign citizen in a special institution may be extended by a judge upon the motion of a judicial bailiff executing the resolution in the case of an administrative offense and also by an authorized official of the internal affairs body, but not exceeding 90 days[13].

The duration of detention of a foreign citizen in a special institution is calculated from the day the resolution on administrative expulsion from the Russian Federation is issued, and in the case of an extension of the detention period, from the day the judge issues a determination to extend the detention period in a special institution[14].

A motion to extend the detention period is submitted to the court at the location of the special institution where the foreign citizen is placed, no later than 15 days before the expiration of the period established by the judge’s resolution for the detention of the foreign citizen in such a special institution, indicating the reasons for the need to extend this period and specifying the period for which it is advisable to extend the detention in the institution[15].

The motion is accompanied by documents confirming the circumstances mentioned in it. If the foreigner lacks an identity document, the conclusion of the internal affairs body on establishing the identity is attached[16].

Upon receipt of the motion, the judge within one day from its receipt issues a determination on appointing the time and place for considering such a motion and extending the detention period of the foreign citizen in a special institution for the period necessary to consider such a motion. The motion must be considered by the judge within 15 days from the date of its receipt[17].

The law also describes the procedure for considering the above motion, the decisions that the court may make, opportunities for appeal, and verification of the legality and validity of detention in a special institution[18].

The circumstances for immediate expulsion from the Russian Federation are also detailed. The resolution on administrative expulsion from the Russian Federation in the form of forced expulsion may be brought into immediate execution if the foreign citizen has:

identity documents,

funds to acquire travel documents,

a foreign citizen’s petition for the immediate execution of the resolution. The petition is submitted to the court at the location of the special institution where the foreigner is placed, considered by the judge within a 15-day period from its receipt. Following the consideration of the petition, the judge issues a determination to grant the petition and execute the resolution immediately or to deny the petition[19].

The non-payment of the administrative fine imposed on the foreigner and/or the presence of obligations imposed on him by the judge does not impede the execution of the administrative penalty in the form of administrative expulsion[20].

[1] The concept of “foreign citizen” in the material includes the concept of “stateless person.”

[2] Part 4 of Article 3.10 of the Administrative Offenses Code of the Russian Federation.

[3] Part 3.8 of Article 4.1 of the Administrative Offenses Code of the Russian Federation.

[4] Parts 3.6 – 3.8 of Article 4.1, parts 4, 5 of Article 20.31 of the Administrative Offenses Code of the Russian Federation.

[5] Part 3.8 of Article 4.1, parts 1, 2, 5–8 of Article 6.21 of the Administrative Offenses Code of the Russian Federation.

[6] Part 3.8 of Article 4.1, parts 1, 3 – 4 of Article 6.21.1 of the Administrative Offenses Code of the Russian Federation.

[7] Part 3.8 of Article 4.1, parts 1, 3 – 4 of Article 6.21.2 of the Administrative Offenses Code of the Russian Federation.

[8] Part 3.8 of Article 4.1, part 3 of Article 20.25 of the Administrative Offenses Code of the Russian Federation.

[9] Note 2 to Article 18.1 of the Administrative Offenses Code of the Russian Federation.

[10] Part 1.2 of Article 30.1, item 6) of part 1 of Article 30.7 of the Administrative Offenses Code of the Russian Federation.

[11] Part 1 of Article 27.19.1 of the Administrative Offenses Code of the Russian Federation.

[12] Part 1 of Article 27.19 of the Administrative Offenses Code of the Russian Federation.

[13] Part 2 of Article 27.19.1 of the Administrative Offenses Code of the Russian Federation.

[14] Part 16 of Article 27.19.1 of the Administrative Offenses Code of the Russian Federation.

[15] Part 3 of Article 27.19.1, part 3 of Article 27.19 of the Administrative Offenses Code of the Russian Federation.

[16] Part 4 of Article 27.19.1 of the Administrative Offenses Code of the Russian Federation.

[17] Parts 5, 6 of Article 27.19.1 of the Administrative Offenses Code of the Russian Federation.

[18] Parts 7-18 of Article 27.19.1, Chapter 30 of the Administrative Offenses Code of the Russian Federation.

[19] Parts 2, 3 of Article 32.9 of the Administrative Offenses Code of the Russian Federation.

[20] Part 1.2 of Article 32.10 of the Administrative Offenses Code of the Russian Federation.

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