That the Chairman of the government Dmitry Medvedev ordered to submit to the state Duma a bill that makes less stringent the procedure for the expulsion of migrants, said in a statement on the official website of the Cabinet.
The government’s amendments to migration legislation will give the courts the opportunity to apply a form of administrative punishment, as expulsion from the country to those visitors who have a residence permit (residence permit) in Russia and at least once didn’t notify the authorities from your country of residence. The obligation to inform the officials is contained in the law “On legal status of foreign citizens in the Russian Federation”.
The norm about compulsory expulsion is spelled out in part 3, article 18.8 of the code of administrative offences (Cao), it acts in 2013. We are talking about migrants who live in the cities of Federal significance Moscow, Saint-Petersburg and in Moscow and Leningrad region. Expulsion will result in an automatic ban on entry to Russia for five years.
Amendments to migration legislation, as follows from the official reports, developed because of the need to enforce decisions of the constitutional court of Russia (COP). In February 2016, the COP decided that the rate of expulsion for failure to notify about their stay in Central cities and areas is unconstitutional.
The decision of the constitutional court was made on the complaint with a residence permit in Russia for a citizen of Moldova Mihail Turcan. Tsurkan tried to challenge his expulsion in the courts of General jurisdiction, but this failed and then the citizen of Moldova has submitted to the COP. In his complaint stated that the courts, when deciding on the expulsion, had to consider all the circumstances of his stay in Russia: in particular, permanent income and employment. Turcan sure that the decision to expel him is an act of discrimination compared to other newcomers that may not apply article on compulsory expulsion from the country.
If amendments are approved, the courts, in deciding whether to expel a migrant or not, will be able to take into account the duration of stay of foreigners in Russia, his family situation, his history of tax payments, income and housing, as well as the type of activity and profession, law-abiding behavior, apply for citizenship and other circumstances. In terms of these facts, judges will be able to recognize that the penalty of expulsion for generally law-abiding migrants would be excessive.
The government bill suggests and increased penalties for migrants who during the year had twice been convicted of failure to notify about your stay. For this category of visitors proposes to introduce in article 18.8 of the administrative code, part 5, which provides for the mandatory removal from the country. This sanction can also be used if the visitor has violated the rules of entry into Russia, the regime of stay in the country, the rules of movement and choice of place of residence, etc.