About the Authors
|Larisa Ryazantseva, |
Larisa Ryazantseva received her legal education at the Moscow State Law Academy. Larisa has extensive experience in the area of business law. Before joining the Alinga team Larisa worked as a corporate lawyer for Russian subsidiaries of world famous banks like Societe General Group & HSBC. She has since worked as a lawyer in international consulting companies.
Alexandra Samsonova is a final year student specializing in civil law at The Russian New University. She is serving as a paralegal with Alinga Consulting Group and has before interned with government organs and presented at conferences.
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Summary of recent amendments to the Federal Law N 114-FZ “On Procedures for Exit from and Entry to the Russian Federation” dated August 15, 1996, N 197-FZ in the Labor Code of the Russian Federation dated December 30, 2001 (hereinafter referred to as “Labor Code”) and N 195-FZ in Russia’s Code of Administrative Offenses dated December 30, 2001 (hereinafter referred to as “KoAP RF”).
The legislative changes apply to foreign citizens and stateless persons (hereinafter referred to as “person” or “persons”) and to companies that are in violation of the migration and administrative legislation. The amendments expand the list of restrictions which includes barring a person from entering the Russian Federation. The main changes concern the duration of the ban on entry (from three to five, or up to ten years), the increased amount of fines (up to one million rubles for legal entities), and the procedure for implementing/executing sanctions; for example, deporting foreign citizens when there are no other alternative measures that can be taken.
If the person does not have documentation confirming their right to be (reside) in Russia, nor have documents verifying their employment, the law stipulates that they must pay a fine (up to 7,000 rubles); the person is also subject to administrative deportation.
If it is established that the violation was made repeatedly, the person could be placed in a special institution for establishing protocol (the office of internal affairs [police]). This applies to persons who have lost their documents but who have not notified the migration authorities within a reasonable amount of time.
In addition, the changes also concern companies (legal entities): if the employer hiring foreign employees does not inform the migration authorities, tax inspectorate or employment office about the signing or dissolution of a labor agreement (if a notification is required by the appropriate legislation), does not inform the authorities about the foreign employee’s unpaid vacation of a month or more (if such a notification is required by the appropriate legislation) or it is established that the person is performing their work without a work permit or that the employer does not have a permit to hire foreign employees, then the legal entity faces a fine of 400,000 – 800,000 rubles. Alternatively, the company’s business activities may be suspended for anywhere from 14 to 90 days. For administrative officials (which are treated as individual entrepreneurs in the KoAP RF), the fine is between 35,000 – 70,000 rubles. A penalty is prescribed for each foreigner hired illegally. This also applies to hiring highly qualified foreign specialists. Fines are higher for these violations when they are committed in Moscow, Saint Petersburg, or the Moscow or Leningrad Regions; in these locations, the fine may be one million rubles.
How long a person may be denied entry depends on the degree to which the residency law was violated. Currently, a person may be denied entry for three years if the person was repeatedly brought to administrative responsibility (two or more times) within three years from the day that the last resolution came into force.
Entry may be denied for five years from the day that the last resolution came into force if:
A decision was made during the last three years regarding administrative deportation, deportation or transfer of the foreign citizen to a different government in accordance with the international agreement on readmission;
The person has an unexpunged or unspent conviction for a premeditated crime that was committed in Russia or abroad (if it is recognized as such by federal law);
During the course of one year, the person repeatedly (two or more times) was held administratively liable for infringing public order and safety or if there was a violation of the foreign citizens’ or stateless persons’ stay (residency), or if they violated the terms for working in Russia.
If there is a repeated decision regarding deportation, administrative deportation or readmission with regard to the individual, the term of the ban on entry will be increased to 10 years.
If the decision is made to deny entry to a foreign citizen, then it automatically follows that they will be refused a temporary residency permit, a permanent residency permit and a work permit; if any of these documents had been issued prior to this, they will be voided.
The changes made to the Labor Code give a foreign citizen the right to work in the Russian Federation only if they are at least 18 years of age. The exception to this rule is extended to cinematography organizations, theaters, theatrical and concert organizations, circuses and athletes that are under the age of 18.
It is also specified that the employer and contractor of the work (services) have the right to hire and utilize foreign workers without the corresponding permit to do so, as long as the foreign employees in question are trained in the Russian Federation in a full-time professional educational organization or institute of higher education, and according to a basic professional education program that is accredited by the government.
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