Police to decide which foreigners must leave Russia Now foreigners, whose presence in Russia is deemed undesirable by law enforcement officials, will be informed of this and asked to leave the country without a court decision. As “RBK daily” found out recently the procedure may be approved by the Interior Minister and his assistants. According to the new state of affairs a court order is no longer required, and the police will decide which foreign citizens are prohibited from living in Russia. Local police departments will prepare a dossier on undesirable foreign citizens or stateless persons, which will be sent to the Central office of the MVD in Moscow. Officials in the capital have 14 days to study the material and in the case of approval will present it to the Interior Ministry or one of his deputies for signature thus sealing the fate of the “unwanted guest”. All checks and agreements between MVD representatives should take more than one month from the submission of the report regarding the unwanted foreigner. After that a resolution will be sent to the local police department where the foreign citizen resides within 3 days. A copy will also be sent to the FSB. The police should find the future deportee and hand him the document which must be signed for. After that the foreign citizen will be given a certain period to voluntarily leave the country (each case will be individually examined but the period must not exceed one month). If the foreign citizen fails to leave the country the FMS will deport the “unwanted guest” by force from the country. MVD generals may expel both illegal immigrants and those staying legally in Russia. In the latter case, according to an appendix to the minister’s decree, urgent expulsion measures will be taken “if the presence of the foreign citizen represents a real threat to the defence capabilities or security of the state or to national order or the health of the nation.” “The list of reasons which may be used by MVD officials to declare a foreign citizen undesirable is rather vague therefore. I am not sure that migrants will not go to court to defend their interests if they find themselves in such a situation, --says Olga Yurieva, head of the legal department at “Zuikov and Partners”, -- In other words it will not be able to get by without court proceedings and the foreign national’s fate will be decided as before by the courts. “Under the previous system, decisions regarding the expulsion of foreign nationals from Russia were made by the courts, and members of the police and FMS only enforced the measures of deportation and administrative expulsion”, -- explains Elvira Gadelshina, lawyer at “Khrenov and partners”. She is afraid that decisions regarding expulsion made within the framework of the new procedure will be taken without a full discussion of the validity of the arguments presented. “It is not true to deduce from the decree that the minister is, allegedly, going to replace the courts, -- commented RBK daily’s source in the MVD, --We are not talking about expulsion by force of those designated by the police, but rather of the fact that certain individuals may be informed that their presence in our country is undesirable, without any physical pressure on the individual concerned whatsoever. And only if he refuses to leave the country voluntarily will the old measures come into force with compulsory expulsion by the FMS”. RBK daily / All news / News Work Permits Working visa in Russia Documents Russian Citizenship Legislative base Contacts About Us Contacts Phones: +7 (495) 628-01-11 +7 (495) 221 22 85 Address: 105062, Russia, Moscow, Makarenko 5-1a, office 1 Map: The location map E-mail: [email protected] Website Programming — «Telemark» All rights reserved © 2012 Visa HR Consulting: Work Permits, Russian Citizenship, Working visa in Russia
Posted on: Sun, 02 Feb 2014 19:34:23 +0000
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