In accordance with the amendments [1] made on July 2022 to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” concerning medical examination of certain categories of foreign citizens, the Ministry of Internal Affairs approved the organization of work and a new Procedure for providing foreign citizens [2] with medical documents to the territorial bodies of the Ministry of Internal Affairs or organizations authorized by it – Order of the Ministry of Internal Affairs No. 775 dated 21 October 2022.  The updated procedure came into effect from 12.11.2022.

A similar Order of the Ministry of Internal Affairs No. 1080 dated 21.12.2021 was declared null and void.

Recall that mandatory medical examination for certain categories of foreign citizens is provided for in Clause 18 of Article 5 of Federal Law No.115-ФЗ “On the Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002 (Law No.115-ФЗ).

The order shall apply to the following categories:

  • foreign citizens who have arrived to the Russian Federation for the purposes other than employment for a period exceeding 90 calendar days;
  • foreign citizens who have arrived to the Russian Federation to work.

Each of these categories also includes foreign citizens who arrived to the Russian Federation before December 29, 2021!

Exceptions to these categories established by Law No. 115, the procedure for medical examinations has not changed. You can find more information about this here: Review of amendments to 115-ФЗ “On the Legal Status of Foreign Citizens in the Russian Federation”.

Medical documents shall be submitted to the Ministry of Internal Affairs/authorized organization with simultaneous presentation of identity documents recognized by the Russian Federation as the documents proving the identity of a foreign citizen.

For minors (under 18) and incapacitated (limitedly dispositive) foreign citizens, medical documents shall be submitted by one of their parents, guardians or custodians upon presentation of identity documents of the foreign citizen, as well as identity documents proving the identity of the legal representative (“legal representative”).

The relevant medical documents shall be provided to:

  • the territorial bodies of the Russian Ministry of Internal Affairs at the regional or district level; or
  • the federal state unitary enterprise “Passport and Visa Service” (FSUP “PVS” of the Ministry of Internal Affairs of the Russian Federation) authorized by the Ministry of Internal Affairs of the Russian Federation and subordinated to it, in accordance with the List of Entities of the Russian Federation approved by Order of the Ministry of Internal Affairs No. 857 (the List includes Saint Petersburg, Leningrad Region and Moscow Region), or
  • organization authorized by Moscow (MMC Sakharovo).

It is important that it is now clearly stipulated that medical documents shall be submitted at the place of residence of the foreign citizen [3]:

  • on paper – directly to the territorial body of the Ministry of Internal Affairs of Russia/ to the enterprise/authorized organization;
  • in the form of an electronic document using a single portal “State Services” to be signed also with a simple electronic signature (hereinafter referred to as “SES”), if the holder of the certificate has a verification key for the SES key issued to him/her during personal attendance in accordance with the Rules on the Use of SES in the Provision of State and Municipal Services approved by Government Decree No. 33 dated January 25, 2013 to the territorial body of the Ministry of Internal Affairs of the Russian Federation (if technically possible).

When medical documents are provided by officials of the relevant bodies/authorized organizations, a check shall be made on:

  • the conformity of medical documents with the prescribed forms [4] and their validity periods;
  • the presence of a medical organization that issued medical documents in the list of medical organizations authorized to conduct medical examinations established by the highest executive body of the state power of a constituent entity of the Russian Federation.

E.g., in St. Petersburg, the List was established by Decree of the Government of St. Petersburg No. 77 dated 08.02.2022,

in Leningrad Region, the List was established by Decree of the Government of Leningrad Region No. 5 dated 26.01.2015

in Moscow, the List was established by Decree of the Government of Moscow Region No. 1517-ПП. dated 28.07.2021. Please note that different medical organizations have been established in Moscow for different categories of foreign citizens:

  • those arrived in the Russian Federation for the purposes other than employment for a period exceeding 90 calendar days;
  • those receiving a temporary residence permit, a residence permit or receiving/reissuing a patent;
  • those executing a registration permit,

in Moscow Region, the List was established by Decision of the Government of Moscow Region No. 1210/40 dated 26.11.2021 (those receiving a temporary residence permit, a residence permit, a registration permit) and Decision of the Government of Moscow Region No. 1052/37 dated 21.10.2021 (for those receiving/reissuing a patent).

  • availability of documents proving the identity of the foreign citizen as well as documents proving the identity and credentials of the legal representative;
  • conformity of the information on the foreign citizen contained in the medical documents with the information contained in the identity documents [5].

If documents are written in a foreign language without duplication into Russian, they must be translated. The translation/signature of the translator [6] must be notarized.

If the above provisions are not complied with, medical documents will not be accepted and the foreign citizen or hi/hers legal representative will be issued with a certificate of refusal to accept medical documents in the prescribed form [7].

When accepting medical documents on paper, copies shall be taken and signed by an authorized official.  The originals shall be returned. Receipt of medical documents shall be recorded in the relevant register [8]. Copies of medical documents accepted by the authorized organization shall be sent to the territorial body of the Ministry of Internal Affairs of the Russian Federation in accordance with the established procedure [9].

As a result, a certificate of acceptance of medical documents shall be issued in the prescribed form [10].

When documents are submitted electronically, an electronic communication about the acceptance of medical documents shall be sent to the foreign citizen (his/her legal representative) in his/her account on the Unified Portal “State Services” no later than the business day following the day on which they are received if all the requirements for the documents are met, otherwise, a communication about the reasoned refusal to accept medical documents shall be sent.

An authorized official of the migration subdivision of the territorial body of the Ministry of Internal Affairs of the Russian Federation who has accepted (received) medical documents shall enter information on their reception into the information system of the Ministry of Internal Affairs of the Russian Federation intended for the provision of state services within 3 business days from the date of their receipt.

Copies of medical documents shall be stored in the territorial body of the Ministry of Internal Affairs of the Russian Federation for a period of 1 year from the date of their reception (receipt).

[1] Introduced by Federal Law No. 357-FZ dated July 14, 2022;

[2] In the context of this article, the concept of “foreign citizen” also includes the concept of “stateless person”.

[3] Clause 5 of the Order approved by. Order of the Ministry of Internal Affairs of Russia No. 775 dated 21.10.2022.

[4] Аparagraph 4 of Clause 18 of Article 5 of Law No. 115-ФЗ; Ministry of Health Order No. 1060н dated 17.11.2021 approving the requirements for a certificate of absence of human immunodeficiency virus (HIV) presented by foreign citizens and stateless persons arriving in the Russian Federation, the form, description of the form and duration of the said certificate;Ministry of Health Order No. 1079н dated 19.11.2021 (rev. dated 21.02.2022) approving the procedure for conducting medical examinations, including chemical and toxicological studies, on the presence in the body of a foreign citizen or stateless person of narcotic drugs or psychotropic substances or new potentially dangerous psychoactive substances and their metabolites, on the presence or absence in the foreign citizen or stateless person of infectious diseases posing a danger to others and disease caused by the human immunodeficiency virus (HIV), the form and duration of the medical certificate of absence of use of narcotic drugs or psychotropic substances without a doctor’s order or new potentially dangerous psychoactive substances, and the form, description of the form and duration of the medical certificate of presence (absence) of infectious diseases posing a danger to others;;

[5] Clause 6 of Order approved by Order of the Ministry of Internal Affairs of Russia No. 775 dated 21.10.2022;

[6] Clause 7 of Order approved by Order of the Ministry of Internal Affairs of Russia No. 775 dated 21.10.2022;

[7] Clause 8 of Order approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 775 dated 21.10.2022 (certificate form is set in Annex No. 1).

[8] Clause 9 of Order approved by Order of the Ministry of Internal Affairs of Russia No. 775 dated 21.10.2022 (the form of the journal is set out in Annex No. 2).

[9] The procedure for the transfer of copies of medical documents of data of foreign citizens to the territorial body of the Ministry of Internal Affairs of the Russian Federation by authorized officials of the Ministry of Internal Affairs and the Federal State Department or an organization authorized by the city of federal significance of Moscow is set in Annex No. 2 to Order of the Ministry of Internal Affairs No. 775 dated 21.10.2022.

[10] Clause 10 of Order approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 775 dated 21.10.2022 (the certificate form is set in Annex No. 3).

 

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