Expulsion regime, register of controlled persons and other changes in laws concerning foreign citizens (stateless persons)

This article considers amendments to the Federal Law of 15.08.1996 N 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” (hereinafter – “Federal Law № 114”) and the Federal Law of 25.07.2002 N 115-FZ “On the legal status of foreign citizens in the Russian Federation” (hereinafter – “Federal Law № 115”), adopted by the Federal Law of 08.08.2024 N 260-FZ.

From January 01, 2025 the following changes come into force:

1. The calculation of the period of temporary stay for “visa-free” foreign citizens (hereinafter – FG) has been changed:

In this case, the continuous period of temporary stay in the Russian Federation of the said foreign national cannot exceed 90 days. (Paragraph 2, paragraph 1, Article 5, paragraph 1 of Federal Law No. 115)

This means that if a foreign national entered the Russian Federation without authorization documents, he has 90 days for legal stay in the Russian Federation within one calendar year, during which he can regulate his status (e.g., obtain a patent). For this period of time it is possible to initially make a migration registration. After the expiration of this period and in case of failure to issue authorization documents for the right to stay in the Russian Federation, the foreign national is obliged to leave the country. And if such a foreign national has already stayed in the Russian Federation for 90 days, he/she will be able to enter the Russian Federation without violating the regime of stay only after 9 months (previously it was a period of 3 months).

Exceptions are cases provided for by Federal Law No. 115 or international treaties of the Russian Federation, as well as in cases where such a period has not been extended in accordance with Federal Law No. 115 (i.e., not amended).

Despite the introduction of regulations regarding the length of stay starting from January 1, 2025, the new provision of the Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” regarding the registration of temporarily staying foreign citizens at their place of stay will be introduced only from February 5, 2025. In practice, from February 5, 2025, registration for migration purposes will be carried out for the period specified in the notification of the foreign citizen’s arrival at their place of stay, but not for more than one year. (Article 22 of Federal Law No. 109-FZ of July 18, 2006, “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”).

The provisions for “visa” foreign citizens have not changed, and as a general rule, the period of temporary stay of a foreign citizen in the Russian Federation is determined by the validity of the visa issued to them, except in cases established by Federal Law No. 115. (Paragraph 1 of Clause 1, Article 5 of Federal Law No. 115 remains unchanged).

2. One of the grounds for a ban on entry into the Russian Federation has been amended regarding the exceeding of the total duration of stay in the Russian Federation. Entry into the Russian Federation for a foreign citizen is not allowed, in particular, in cases when:

2. The grounds for making decisions on the undesirability of a foreign citizen’s stay (residence) in the Russian Federation have been expanded.

In particular, such a decision may be made regarding foreign citizens who have committed gross violations of the obligations specified in Article 4 of Federal Law No. 115 – further explanations can be found in Section III below (Part 4, Article 25.10 of Federal Law No. 114).

3. Conditions for the stay (residence) of foreign citizens in the Russian Federation have been introduced (Article 4 of Federal Law No. 115).

The provision previously stated that foreign citizens enjoy rights and bear obligations in the Russian Federation on par with Russian citizens, except in cases established by federal law. Now, such cases may also be established by international treaties of the Russian Federation (Clause 1, Article 4 of Federal Law No. 115).

Additional obligations have been established for foreign citizens during their stay (residence) in the Russian Federation. Foreign citizens must refrain from activities that harm the interests of the Russian Federation, respect the Constitution of the Russian Federation and the legislation of the Russian Federation, including:

1. Treat the environment, natural resources, and material and cultural values of the Russian Federation with care;
2. Respect the diversity of regional and ethnocultural lifestyles of the population of the Russian Federation;
3. Not hinder the exercise of the rights and freedoms of Russian citizens, the activities of public authorities of the Russian Federation, and their officials;
4. Not interfere in the foreign and domestic political affairs of the Russian Federation, including not engaging in actions aimed at prompting the adoption, amendment, or repeal of laws and other normative legal acts.

At the same time, activities related to granting foreign citizens who permanently reside in the Russian Federation the right to vote and be elected to local government bodies and to participate in local referendums in accordance with the provisions of Clause 2, Article 12 of Federal Law No. 115 and other federal laws are not considered interference in the foreign and domestic political affairs of the Russian Federation;

5. Respect traditional Russian spiritual and moral values, including the understanding of marriage as a union of a man and a woman, family, motherhood, fatherhood, and childhood, and comply with the requirement not to distort the historical truth about the heroic deeds of the Soviet people in defending the Fatherland and its contribution to the victory over fascism;
6. Refrain from financing or otherwise supporting activities that violate the provisions of the above subparagraphs 1-5, and from involving others in such activities (Clause 2, Article 4 of Federal Law No. 115).

In terms of responsibility for children under 18 years of age, incapacitated and limited in capacity – foreign citizens:

Foreign citizens who are in the Russian Federation are responsible for ensuring the legality of their stay (residence) in the Russian Federation, as well as for their compliance with the requirements established above regarding the obligations, for the realization by foreign citizens under 18 years of age of their rights provided for by the Constitution of the Russian Federation and the legislation of the Russian Federation, including receiving basic general education, medical care, living in proper housing and living conditions, the legal representatives of the above citizens who are in the Russian Federation (paragraph 3 of Article 4 of Federal Law No. 115).

4. The law establishes the “RETURN MODE” – a legal regime applied on the basis of Federal Law No. 115 in respect of foreign nationals staying in the Russian Federation but having no legal grounds for stay (residence) in the Russian Federation, in order to ensure their departure from the Russian Federation or their acquisition of legal grounds for stay (residence) in the Russian Federation, providing for the establishment of restrictions on certain rights and freedoms in respect of such persons and the application of federal state control (supervision) measures in the field of migration.

Expulsion regime:

– is applied to the foreign citizen from the day the information about him/her is entered into the Register of Controlled Persons (Clause 1 of Article 9.1., Article 31.2 of Federal Law No. 115) (See Clause 1, paragraph V of this Article.).

– is terminated from the date of exclusion of information about it from the Register of Controlled Persons on the relevant grounds (Clause 2 of Article 9.1., Clause 7 of Article 31.2 of Federal Law No. 115).

The procedure for organizing the work of the Ministry of Internal Affairs of Russia and its territorial bodies in applying this regime is established by the Ministry of Internal Affairs of Russia. (Clause 3 of Article 9.1. of Federal Law No. 115, currently not established).

• The rights of an foreign citizen when the expulsion regime is applied to him/her. The foreign citizen has the right to:

1) to receive, at his/her request, from the territorial bodies of the Ministry of Internal Affairs of Russia, their officials, information that contains the grounds for the application of the expulsion regime and the provision of which is not prohibited by federal laws;

2) to familiarize himself with the decisions taken by the territorial bodies of the Ministry of Internal Affairs of the Russian Federation and their officials with regard to his application of federal state control (supervision) measures in the sphere of migration under the expulsion regime;

3) to appeal decisions (actions (inaction) of the Ministry of Internal Affairs of Russia or its territorial body and their officials taken (committed) in connection with the application of the expulsion regime, including in connection with the establishment of restrictive measures and the application of measures of federal state control (supervision) in the sphere of migration within the framework of the expulsion regime, and violating the rights of the person under control, to a higher body, a higher official of the Ministry of Internal Affairs or in court in accordance with the procedure established by the legislation of the Russian Federation. (Clause 4 of Article 9.1 of the Federal Law No. 115).

• Obligations of the supervised person (an individual subject to expulsion measures). The supervised person is obliged to:

1) to appear before an official of the Ministry of Internal Affairs within the established time limit if he/she is served (sent) with an order to appear, the form and procedure for serving (sending) which is approved by the Ministry of Internal Affairs of Russia (currently not approved);

2) timely fulfill the requirements, comply with the prohibitions and restrictions set forth in Article 9.1. FEDERAL LAW NO. 115;

3) inform the territorial body of the Ministry of Internal Affairs of Russia, including in electronic form, in accordance with the procedure established by the Ministry of Internal Affairs of Russia:

– on his/her location, including by sending information with a photographic image with a geolocation mark, in case of impossibility to appear in person at the territorial body of the Ministry of Internal Affairs of Russia;

– on the occurrence of circumstances preventing timely independent departure from the Russian Federation;

– change of place of stay without the permission of the territorial body of the Ministry of Internal Affairs of Russia in case of force majeure;

– the date, place and route of the planned independent departure from the Russian Federation (paragraph 5 of Article 9.1 of Federal Law No. 115).

At the moment, no such procedure has been established.

It should be noted that the right of an foreign citizen to freedom of movement for personal or business purposes within the Russian Federation in case of application of the expulsion regime may be restricted on the basis of the above norms of the Federal Law No. 115 (paragraph 1 of Article 11 of the Federal Law No. 115).

If a controlled person repeatedly (two or more times) fails to fulfill the above-mentioned obligations, decisions on deportation and placement in a special institution are taken in respect of him/her in accordance with the procedure established by clause 9.3. of Art. 31 OF FEDERAL LAW NO. 115. If such decisions have already been made in relation to the foreign national, such decisions are not made again.

Execution of the decision to deport a controlled person in respect of whom there is a decision to restrict travel outside the Russian Federation is suspended until such a decision is canceled. (clause 6 of Article 9.1 of Federal Law No. 115).

Placement of a foreign citizen subject to deportation in a special institution for a period not exceeding 48 hours is carried out by the Ministry of Internal Affairs of Russia or its territorial body on the basis of a decision of the head of the said body or his deputy. This period may be extended by a judge on the application of an authorized official of the Ministry of Internal Affairs of Russia or its territorial body in accordance with the procedure provided for by the Code of Administrative Proceedings of the Russian Federation, for the period necessary to organize the departure of the controlled person from the Russian Federation (paragraph 2 of clause 9.3. of Article 31 of Federal Law No. 115).

Control over the controlled person’s presence in the Russian Federation is carried out by the Ministry of Internal Affairs of Russia and its territorial body at the place of residence, place of stay or actual location of the controlled person with the application of federal state control (supervision) measures in the area of migration established by Article 31. 1 of Federal Law No. 115 (clause 7 of Article 9.1, clause 1 of Article 29.2, clause 1 of Article 30 of Federal Law No. 115, Regulations on the implementation of federal state control (supervision) in the area of migration, approved by Resolution of the Government of the Russian Federation of 13.11.2012 N 1162)

5. Newly introduced migration state control measures applied under the expulsion regime to the person under control are discussed below:

1. Inclusion in the Roster of Controlled Persons (subparagraph 2, paragraph 1, Article 31.1 of Federal Law No. 115).

The Register of Controlled Persons is a new concept introduced in the law. Registration of foreign nationals staying in the Russian Federation and having no legal grounds for stay (residence) in the Russian Federation is carried out by entering information about them, including personal data, into the Register of Controlled Persons (clause 1 of Article 31.2 of Federal Law No. 115).

Terms and grounds for entering information into the Register of Controlled Persons.

Information is entered into the Register:

• from the day following the day of expiration:

– temporary stay;

– stay permit/stay permit for the purpose of education;

– residence permit;

2) from the date of detection by the Ministry of Internal Affairs of the Russian Federation or its territorial body of the fact of entry into the Russian Federation of an IHG by illegally crossing the State border of the Russian Federation;

3) from the date of acceptance by the Russian Federation of a foreign national transferred by a foreign state in accordance with the international treaty of the Russian Federation on readmission, in the absence of legal grounds for the presence of this foreign national on the territory of the Russian Federation;

4) from the date of annulment:

– visa;

-stay permit/stay permit for the purpose of education;

– residence permit;

5) from the date of the decision to refuse

– to consider the application for refugee recognition on the merits,

– to recognize a refugee,

– in granting (extending the period of granting) temporary asylum,

or deprivation or loss of temporary asylum or refugee status;

6) from the date of issuance by the Ministry of Internal Affairs of Russia or its territorial body of a resolution on imposition of administrative punishment in the form of administrative deportation of an foreign citizen outside the Russian Federation or receipt by the Ministry of Internal Affairs of Russia or its territorial body of a copy of such a resolution issued by a court or an authorized official of the Federal Security Service of Russia.

Copies of these decisions shall be sent within 3 days from the date of their issuance by the relevant state body, as well as by the courts that have issued convictions or rulings on imposing an administrative penalty in the form of administrative deportation outside the Russian Federation, to the relevant territorial bodies of the Ministry of Internal Affairs of Russia. The FSS of Russia and its territorial bodies shall send information on the above decisions to the Ministry of Internal Affairs of Russia or its territorial bodies in accordance with the procedure and terms determined by the Ministry of Internal Affairs of Russia in coordination with the FSS of Russia;

7) from the day the Ministry of Internal Affairs of Russia or its territorial body issues a decision on:

– reduction of the period of temporary stay,

– deportation,

– readmission,

– undesirability of stay (residence) in the Russian Federation,

– not permitting entry into the Russian Federation,

– restriction of exit from the Russian Federation

or

from the date of receipt by the Ministry of Internal Affairs of the Russian Federation or its territorial body of a copy of the decision on undesirability of stay (residence) in the Russian Federation or non-permission to enter the Russian Federation issued by the authorized federal executive body or its territorial body, or information on the said decision issued by the Federal Security Service or its territorial body.

Copies of these decisions shall be sent within 3 days from the date of their issuance by the relevant state body, as well as by the courts that have issued convictions or rulings on imposing an administrative penalty in the form of administrative deportation from the Russian Federation, to the relevant territorial bodies of the Ministry of Internal Affairs of Russia. The FSS of Russia and its territorial bodies shall send information on the above decisions to the Ministry of Internal Affairs of Russia or its territorial bodies in accordance with the procedure and terms determined by the Ministry of Internal Affairs of Russia in coordination with the FSS of Russia;

8) upon expiry of 72 hours of stay of an IS staying as a passenger on board a cruise ship or ferry having passenger transportation permits;

9) from the date of the decision to terminate the citizenship of the Russian Federation in the absence of legal grounds for staying on the territory of the Russian Federation;

10) from the day of receipt by the Ministry of Internal Affairs of Russia or its territorial body of a copy of an effective conviction by a court of the Russian Federation on conviction of an foreign citizen guilty of committing a crime.

Copies of these decisions shall be sent within 3 days from the date of their issuance by the relevant state body, as well as by the courts that have issued convictions or rulings on imposing administrative punishment in the form of administrative deportation from the Russian Federation, to the relevant territorial bodies of the Ministry of Internal Affairs of Russia. The FSS of Russia and its territorial bodies shall send information on the above decisions to the Ministry of Internal Affairs of Russia or its territorial bodies in accordance with the procedure and terms determined by the Ministry of Internal Affairs of Russia in coordination with the FSS of Russia. (paragraphs 2, 3, 4 of Article 31.2 of Federal Law No. 115).

! IMPORTANT: if the above circumstances occur before 05.02.2025, information about IGs, in respect of which there is no relevant information (according to p. 7 of Art. 31.2 of the Federal Law of the Russian Federation), must be entered in the Register before 05.05.2025 (Art. 17 of the Federal Law of 08.08.2024 N 260-FZ).

Information to be entered in the Register of Controlled Persons:

1) surname, first name, patronymic (if available);

2) date of birth;

3) gender;

4) citizenship (nationality) of a foreign state or information about their absence;

5) information on the identity document: type, series, number, date of issue, name and code of the issuing authority (if any);

6) insurance number of individual personal account /SNILS/ (if available);

7) taxpayer identification number /INN/ (if available);

8) place of residence and (or) place of stay (if any), including those not confirmed by registration at the place of residence and (or) registration at the place of stay;

9) code and name of the territorial body of the Ministry of Internal Affairs of Russia, where the foreign citizen is on the migration register (if available);

10) date of inclusion of information about the foreign citizen in the Register of Controlled Persons, date of exclusion of such information from the Register;

11) information on labor activity, including information on the employer or customer of works (services) (if any);

12) information on training, including information on educational (scientific) organization (if any);

13) information on the grounds for inclusion in the Register of Controlled Persons (in accordance with Clause 2 of Article 31.2 of Federal Law No. 115);

14) other information determined by the Government of the Russian Federation (Clause 5, Article 31.2, Federal Law No. 115). Not defined at the moment.

Information on the presence (absence) of information about a foreign citizen in the Register of Controlled Persons shall be posted on the official website of the operator of the Register of Controlled Persons in the information and telecommunications network “Internet” (on the website of the Ministry of Internal Affairs of Russia) and shall be provided without charge in accordance with the procedure established by the Government of the Russian Federation (the Procedure has not been established at the moment).

A foreign citizen shall be deemed notified of the inclusion of information about him/her in the Register of Controlled Persons or of the exclusion of information about him/her from the Register from the date of its placement on the official website of the Ministry of Internal Affairs of Russia.

The procedure for posting information contained in the Register of Controlled Persons on the Internet, as well as the composition of the posted information, is established by the Government of the Russian Federation (currently not established) (Clause 6, Article 31.2 of Federal Law No. 115, Article 16 of Federal Law No. 260-FZ dated 08.08.2024).

The public part of the register of controlled persons will be available to any person, i.e. personal data should be closed in accordance with the legislation on personal data. Thus, it is assumed that only data on whether a citizen is in the register or not will be publicly displayed (https://www.vedomosti.ru/society/articles/2024/09/30/1065309-mvd-raskrilo-printsip-raboti-publichnogo-reestra-kontroliruemih-lits).

Cases of exclusion of information about an foreign citizen from the Register of Controlled Persons:

1) IG’s departure from the Russian Federation;

2) acquisition of legal grounds for stay (residence) in the Russian Federation, including by obtaining a temporary identity card of a stateless person in the Russian Federation in accordance with the procedure provided for by Article 5.2 of Federal Law No. 115;

3) revocation of the decision that served as a basis for the application of the expulsion regime to an individual;

4) the court recognizes the decision that served as the basis for the application of the expulsion regime to the foreign citizen as unlawful;

5) death of a foreign national or declaration of his/her death by a court (clause 7 of Article 31.2 of Federal Law No. 115).

2 Restriction of certain rights and freedoms of a controlled person – these are quite significant and affect many spheres of life and activity (subparagraph 2, paragraph 1, Article 31.1 of Federal Law No. 115).

Restrictive measures applied to a controlled person (the list is open):

1) ban on state registration of legal entities and sole proprietorships;

2) prohibition to purchase real estate, vehicles, self-propelled machines and other types of equipment;

3) prohibition to put real estate on state cadastral registration / state registration of rights to real estate;

4) ban on state registration of vehicles, self-propelled machines and other types of equipment;

5) restrictions on the use of the right to drive a motor vehicle;

6) denial of admission to take examinations for the right to drive a motor vehicle, issuance (replacement, exchange) of a Russian national or international driver’s license;

7) refusal to open a bank account and perform other banking operations

(exceptions:

– transfers of funds for the purpose of payment of mandatory payments established by the legislation of the Russian Federation,

– transfers of funds to the controlled person’s account and cash disbursements to the controlled person in an amount not exceeding 30 thousand rubles per month,

– provisions regarding the opening of accounts in banks and other credit organizations of the Russian Federation do not apply to foreign citizens serving a criminal sentence in the form of correctional, compulsory labor or imprisonment);

8) prohibition on marriage;

9) prohibition to change the place of residence or place of stay in the Russian Federation without the permission of the territorial body of the Ministry of Internal Affairs of Russia exercising control;

10) prohibition to leave the territory of the constituent entity of the Russian Federation, municipal entity where the person under control stays (resides), except for leaving the Russian Federation;

11) other restrictions provided for by the legislation of the Russian Federation. (Clause 2 of Article 31.1 of Federal Law No. 115).

The terms of application of the above restrictions:

– apply from the date on which information is entered into the Register of Controlled Persons,

– are in effect until the information is removed from the Register of Controlled Persons (Clause 3, Article 31.1, Article 31.2 of Federal Law No. 115).

3. Establishing the location of the controlled person (subparagraph 3, paragraph 1, paragraph 1, Article 31.1 of Federal Law No. 115) – carried out by a territorial body of the Ministry of Internal Affairs of Russia in cases where there is no information on the location of the controlled person and (or) the controlled person fails to fulfill the obligations established by subparagraphs 1 and 3, paragraph 5, Article 9.1 of Federal Law No. 115 (subparagraph 4, Article 31.1, Federal Law No. 115). 1 and 3 of subparagraphs 5 of Article 9.1 of Federal Law No. 115 (paragraph 4 of Article 31.1 of Federal Law No. 115).

The procedure for applying measures to establish the location of a controlled person is established by the Ministry of Internal Affairs of Russia (clause 5 of Article 31.1. of Federal Law No. 115, not currently established).

4. Delivery of a controlled person (subparagraph 4, paragraph 1, Article 31.1. of Federal Law No. 115), i.e. his or her compulsory transportation, to the office of a territorial body of the Ministry of Internal Affairs of Russia or a police unit, to a special institution or to other office premises shall be carried out if the Ministry of Internal Affairs needs to:

– to establish identity,

– to resolve the issue of detention, deportation or placement in a special institution (in cases prescribed by Federal Law No. 115) (paragraph 6 of Article 31.1 of Federal Law No. 115).

5. Detention of a controlled person (subparagraph 5, paragraph 1, Article 31.1. of Federal Law No. 115) – is applied in the manner prescribed by Article 14 of the Federal Law of 07.02.2011, N 3-FZ “On Police”, in respect of a controlled person who evades the fulfillment of the obligations set forth in paragraph 5, Article 9.1 of this Federal Law or the obligation to leave the Russian Federation (paragraph 7, Article 31.1 of Federal Law No. 115). 5 of Article 9.1 of this Federal Law, or from fulfillment of the obligation to leave the Russian Federation (Clause 7 of Article 31.1 of Federal Law No. 115).

6. Placement of a controlled person in a special institution (subparagraph 6, paragraph 1, Article 31.1, Federal Law No. 115) – may be carried out if it is necessary to ensure the departure of the controlled person from the Russian Federation in the following cases:

decision on deportation, readmission or administrative punishment in the form of forced expulsion from the Russian Federation (clause 8 of Art. 31.1. of the Federal Law No. 115).

– or imposition of an administrative penalty in the form of forced expulsion from the Russian Federation (paragraph 8 of Article 31.1 of Federal Law No. 115).

Controlled persons are held in special institutions in accordance with the conditions and in accordance with the procedure stipulated in Chapter VI.1 of Federal Law No. 115 (clause 9 of Article 31.1. of Federal Law No. 115).

7. Verification of the identity documents of the controlled person (identification) and other documents submitted in respect of such person (subparagraph 7, paragraph 1, Article 31.1. of Federal Law No. 115) – is carried out in order to verify the accuracy of the information contained in such documents, the correctness of their completion and (or) execution, compliance with the expulsion regime and the restrictive measures established in connection therewith. The following shall be established:

1) compliance of the identity of the person under control with the records contained in the state information systems of the Ministry of Internal Affairs of Russia and (or) identity documents presented by the person under control;

2) reliability of information contained in other documents submitted in respect of a controlled entity in cases stipulated by Russian law (Clause 10 of Article 31.1 of Federal Law No. 115).

8. Establishing the identity of a controlled person (subparagraph 8, paragraph 1, Article 31.1 of Federal Law No. 115) – the procedure does not differ from the standard procedure for establishing the identity of a foreign citizen who does not have a valid identity document and is set forth in Article 10.1 of Federal Law No. 115 (subparagraph 11, Article 31.1 of Federal Law No. 115).

9. Mandatory state dacto- and photo-registration of the controlled person (subparagraph 9, paragraph 1, Article 31.1. of Federal Law No. 115) – conducted in the manner and cases established by the legislation of the Russian Federation (subparagraph 12, Article 31.1, Federal Law No. 115).

10. Approval of the controlled person’s route to the checkpoint at the Russian Federation state border (subparagraph 10, paragraph 1, Article 31.1. of Federal Law No. 115): in order to ensure control over the controlled person’s independent departure from the Russian Federation, the route or its change is agreed with the territorial body of the Ministry of Internal Affairs of Russia at the place of actual location (stay) of the controlled person.

In this case, information systems and technical means may be used to ensure remote control over the movement of the controlled person and compliance with the agreed route of travel (clauses 13, 14 of Article 31.1 of Federal Law No. 115).

11. Observation of the controlled person’s compliance with the established restrictions and prescriptions, the fulfillment of the duties imposed on the controlled person, the actions performed by the controlled person (subparagraph 11, paragraph 1, Article 31.1. of Federal Law No. 115), as well as the activities of individuals and legal entities assisting the controlled person in staying (residing) in the territory of the Russian Federation, is carried out by an official of a territorial body of the Ministry of Internal Affairs of Russia directly or indirectly, including with the use of technical means and information systems and information systems.

If necessary, based on the results of the observation, an official of a territorial body of the Ministry of Internal Affairs of Russia shall draw up an act in the form approved by the Ministry of Internal Affairs of Russia, in two copies, one of which shall be handed to the person being monitored at his/her request. (paragraphs 15, 16 of Art. 31.1 of Federal Law No. 115)

Control over the execution of the administrative punishment imposed on an individual in the form of administrative deportation from the RF in the form of controlled independent departure from the RF in accordance with the above measures is carried out by the Ministry of Internal Affairs of Russia (subparagraph 2 of paragraph 3 of Art. 34 of Federal Law No. 115).

6. The law expands the powers of MIA officials when conducting migration state control within the framework of the application of the expulsion regime.

Officials of the Ministry of Internal Affairs have the right to:

1) to send requests to state bodies of the Russian Federation, foreign states, public authorities of the Russian Federation for information and documents necessary to exercise control over the controlled person, including those constituting commercial, banking, tax and other secrets protected by law in accordance with the legislation of the Russian Federation;

2) to request and receive from the controlled person documents and information, including on electronic media, which are necessary for exercising control over the controlled person;

3) to demand from legal entities, any organizations, individuals who have entered into legal relations with/provide services to the controlled person, within the framework of which the requirements set forth in Article 31.3 of Federal Law No. 115 must be complied with, and from an official of the territorial body of the Ministry of Internal Affairs in respect of the controlled person within the framework of the application of the expulsion regime:

– submission of copies of documents and other information on such facts;

4) to receive from organizations, including banks, non-bank credit (credit and financial) organizations and organizations performing certain types of banking operations:

– documents and information on the availability and numbers of the controlled person’s bank accounts;

– documents and information concerning the movement of funds on such accounts, necessary for exercising control over the controlled person, including those containing banking secrecy (in accordance with the laws of the Russian Federation);

5) to gain access to residential premises and other premises where the controlled person stays (resides) or is actually located upon presentation of an official ID;

6) to seize documents / copies thereof from a controlled person with drawing up a seizure act (in cases established by the legislation of the Russian Federation);

7) use technical means (audio and video recording, photography) and information contained in state information systems and (or) databases of state bodies;

8) carry out surveillance directly or indirectly, including with the use of technical means:

– over the controlled person, actions performed by the controlled person,

– the activities of individuals and legal entities assisting the controlled person in staying (residing) in the territory of the Russian Federation (taking into account the provisions of paragraphs 15, 16 of Article 31.1 of Federal Law No. 115);

9) use data from mobile devices and geolocation, payment systems, special technical means of facial recognition operating in automatic mode;

10) issue instructions on the appearance of the controlled person before an authorized official of the Ministry of Internal Affairs. A copy of the instruction to appear before an authorized official:

– shall be handed to the controlled person on the day of its issuance against signature or

– sent by mail to the place of residence, place of stay or place of actual residence of the controlled person, or

– sent to the controlled person’s e-mail address, or in electronic form by posting information in the controlled person’s personal account in the unified portal of state and municipal services, if the controlled person is registered in the federal state information system “ESIA”;

11) within the territory of a constituent entity of the Russian Federation or a municipality in which the controlled person resides (stays), make visits to possible places of stay of the controlled person and inspect such places;

12) exercise other rights provided for by the legislation of the Russian Federation. (Clause 1 of Article 31.3 of Federal Law No. 115)

• MOI officials are obligated to:

1) to respect the rights and legitimate interests of the controlled person, to prevent causing harm to the controlled person and other persons by unlawful decisions and actions (inaction);

2) to use the information obtained in the course of exercising control, in accordance with the legislation of the Russian Federation, exclusively for the fulfillment of tasks and functions assigned to internal affairs bodies;

3) to inform the person under control of his/her rights and obligations;

4) when applying measures of federal state control (supervision) within the framework of the application of the expulsion regime, take into account the requirements for their legality, validity, sufficiency and effectiveness;

5) fulfill other obligations provided for by the legislation of the Russian Federation. (Clause 1 of Article 31.3 of Federal Law No. 115)

When conducting migration state control within the framework of the expulsion regime, officials of the Ministry of Internal Affairs who have special police ranks shall also perform the duties and enjoy the rights provided for by Federal Law No. 3-FZ “On Police” dated February 7, 2011 (paragraph 3 of Article 31.3 of Federal Law No. 115).

7. The procedure for placement of IGs subject to administrative deportation outside the Russian Federation, in accordance with the procedure provided for by the CAO RF, in specially designated premises of security bodies or in special institutions, where they are kept until the execution of the decision on deportation, has been changed. Now the court decision is not necessary for this.

Placement in a special institution of an IG, to whom an official of the Ministry of Internal Affairs of Russia or its territorial body, an official of the Federal Security Service of Russia, or a border guard body has imposed a penalty in the form of forced expulsion from the Russian Federation, is carried out:

– The Ministry of Internal Affairs of Russia or its territorial body, as well as the following

– Federal Security Service of Russia, or

– border authority

on the basis of: the decision of the head of a federal body (his/her deputy) or the head of a territorial body of the Ministry of Internal Affairs of Russia (his/her deputy), as well as the head of a border authority (his/her deputy)

for a period not exceeding 48 hours,

– or on the basis of a judge’s ruling.

The specified period of 48 hours may be extended by the judge on the petition of an authorized official of the Ministry of Internal Affairs of Russia or its territorial body or an authorized official of the Federal Security Service of Russia or a border guard body in the manner prescribed by the CAO RF. (paragraph 5 of Article 34 of the Federal Law No. 115)

At the request of a foreign citizen placed in a special institution, his/her location shall be notified as soon as possible:

– relatives,

– the administration at his place of work or study,

– defense counsel,

– a diplomatic mission or consular office of the state of his/her citizenship.

– guardianship and custody authorities – in case such foreign citizen is the sole legal representative of a child or an incapacitated person staying in the Russian Federation, or the location of another legal representative of a child or an incapacitated person is unknown or he/she is absent in the Russian Federation, about the location of such foreign citizen;

parents or other legal representatives – obligatorily, if it is a minor IG. (paragraph 3.1. of Article 35.1. of the Federal Law No. 115).

Relevant changes regarding restrictions for foreign nationals included in the register of controlled persons and migration state control in this regard have also been introduced in the following Federal Laws:

• Federal Law of 02.12.1990 N 395-1 “On Banks and Banking Activity”;
• Law of the Russian Federation of 01.04.1993 N 4730-1 “On the State Border of the Russian Federation”;
• Federal Law of 19.05.1995 N 82-FZ “On Public Associations”;
• Federal Law of 12.01.1996 N 7-FZ “On Non-Profit Organizations”;
• Federal Law of 26.09.1997 N 125-FZ “On Freedom of Conscience and Religious Associations”;
• Federal Law of 08.08.2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”;
• Federal Law dated 13.07.2015 N 218-FZ “On State Registration of Real Estate”.
• Federal Law of 10.12.1995 N 196-FZ “On road safety”;
• “Family Code of the Russian Federation” of 29.12.1995 N 223-FZ;
• Federal Law of 15.11.1997 N 143-FZ “On Acts of Civil Status”;
• Federal Law of 02.10.2007 N 229-FZ “On Enforcement Proceedings”;
• Federal Law of 07.02.2011 N 3-FZ “On Police”.

In connection with the above-mentioned introduced measures of state control in the sphere of migration and possible restrictions, foreign citizens are advised to follow the grounds, terms and documents confirming the legality of entry and stay in the Russian Federation, employers are advised to take a more careful approach to the issue of attracting foreign workers and check/prepare all necessary documents for the labor activity of foreign workers, including making the necessary changes or timely extension of the validity period of permissive documents

Konsu specialists can assist in the above issues and advise on the process of hiring foreign workers, check and prepare all necessary documents.