On June 20 2012, the draft law № 96821-6 as of June 20, 2012 "On changes to some legislative acts of the Russian Federation to improve the migration legislation and accomplish liabilities for its violation" has been introduced to the State Duma.
Let us introduce you the most considerable changes.
CONTENTS
- Illegal foreign labor hire
- Illegal providing foreign citizens with residential or non-residential spaces for stay
- Prohibition of foreign citizens' entry to Russia
- Minimum living space for registration of temporary or permanent foreign residents in Russia
1. Illegal foreign labor hire
Previously, in accordance with the Article 18.15 of the Code of Administrative Offences of Russia, hiring a foreign citizen who does not have work permit or patent as well hiring a foreign citizen avoiding company’s foreign labor hire permit obtaining could be stipulated only by the following administrative penalties:
- for individuals – from 2000 to 5000 RUR;
- for officials - from 25000 to 50000 RUR;
- for legal entities - from 250000 to 800000 RUR or administrative suspension of activity for the period up to 90 days.
After the new law comes into force, further to the existing administrative liabilities for the above violation, the criminal liabilities might be introduced for hiring two or more foreign citizens, who do not have work permits or patents as well as hiring two or more foreign citizens avoiding company’s foreign labor hire permit obtaining, organized by head or founder (partner) of a legal entity or entrepreneur, if such violation has been committed repeatedly.
Note: Repeatedly means that a person committed the same crime within 180 days.
If a person committed the above crime for the first time the administrative liability in accordance with the Article 18.15 of the Code of Administrative Offences of Russia might be imposed on him. These are:
- for individuals – from 2000 to 5000 RUR;
- for officials - from 25000 to 50000 RUR;
- for legal entities - from 250000 to 800000 RUR or administrative suspension of activity for the period up to 90 days.
If a person committed the above crime repeatedly (within the period of 180 days), the criminal liability in accordance with Part 32 (Article 322.2) of the Criminal Code of Russia might be imposed on him. These are:
- for head or founder of a legal entity or entrepreneur – penalty in the amount up to 200000 RUR or in amount of the salary or another income of the convict within the period up to 18 months, or compulsory works for the period up to 360 hours, or correctional works for the period up to 1 year, or forced works for the period up to 2 years and prohibition to hold the appropriate positions or to be engaged in the appropriate activities for the period up to 1 year or without prohibition.
2. Illegal providing foreign citizens with residential or non-residential spaces for stay
Previously, in accordance with the Article 18.9, Clause 3, of the Code of Administrative Offences of Russia, providing a foreign citizen with residential space, if this citizen stays on the territory of Russia or is a transit traveler violating the law could be stipulated by the following administrative penalties:
- for individuals – penalty in the amount of 2000-4000 RUR;
- for officials - penalty in the amount 25000-30000 RUR;
- for legal entities - penalty in the amount of 250000-300000 RUR.
After the new law comes into force, to the existing administrative liabilities for the above violation, the criminal liabilities might be introduced for providing two or more foreign citizens with residential or non-residential spaces, if these citizens stay on the territory of Russia or transit travelers violating the law and if such violation has been committed repeatedly within the period of 180 days.
The following criminal liability can be imposed on a person in accordance with Part 32 (Article 322.2) of the Criminal Code of Russia:
- penalty in the amount up to 200000 RUR or in amount of the salary or another income of the convict within the period up to 18 months, or compulsory works for the period up to 360 hours, or correctional works for the period up to 1 year, or forced works for the period up to 2 years and prohibition to hold the appropriate positions or to be engaged in the appropriate activities for the period up to 1 year or without prohibition.
The said acts, committed by an organized group, might be punished by imprisonment for the period up to 3 years with a penalty in the amount of 300000 RUR or in amount of the salary or another income of the convict within the period of 2 years.
For the above violation, committed once only the following administrative liability in accordance with the Article 18.9, Clause 3 of the Code of Administrative Offences of Russia might be stipulated:
- for individuals – from 2000 to 4000 RUR;
- for officials – from 25000 to 30000 RUR;
- for legal entities - from 250000 to 300000 RUR.
3. Prohibition of foreign citizens' entry to Russia
3.1 Some changes might be introduced into the Clause 2, Article 27 FZ as of August 15, 1996 № 114-FZ ”On procedures of foreign citizens’ exit from the Russian Federation and entry to the Russian Federation”. In particular, according to the draft law, the period of prohibition of entry to Russia might be increased up to 10 years (instead of 5 years) for those foreign citizens, who:
- during their last stay in Russia have been subjected to administrative or other type of deportation from the territory of Russia.
These foreign citizens are not allowed to enter Russia during the period of 10 years from the date of their deportation.
3.2 The Clause 9 might be introduced to the Article 27 FZ as of August 15, 1996 № 114-FZ. According to the Clause 9, Russian officials will have the right to forbid a foreign citizen’s entry to Russia in case a foreign citizen commits the repeated (the second) administrative punishment, falling within the Articles 18.8 and 18.10 of the Code of Administrative Offences of Russia, in particular:
- Article 18.8. Violation of the procedure of entry or stay on the territory of Russia by a citizen or person without citizenship;
- Article 18.10. Illegal labor activity of foreign citizen on the territory of Russia.
3.3 Foreign citizens, who are restricted to enter Russia, on the grounds of the above Clauses indicated in paragraphs 3.1 and 3.2, as well as Clauses 3 and 7 of the Article 27 FZ as of August 15, 1996 № 114-FZ stated below, get the appropriate mark in the identifying documents by the border control officials or Federal Migration Service authorities.
- Clause 3 of Article 27 – a foreign citizen has an unspent or not cancelled conviction for committing high or grave crime on the territory of Russia or outside;
- Clause 7 of Article 27 - the decision on unwanted stay (residence) in Russia has been taken in respect of a foreign citizen.
4. Minimum living space for registration of temporary or permanent foreign residents in Russia
The new law introduces changes to Articles 7 and 9 of the Federal Law as of July 25, 2002 № 115-FZ "On legal status of foreign citizens in Russian Federation"
In particular:
- Change to Subclause 9, Part 1, Article 7, defines the minimum living space (Article 50 of the Housing Code) for registration of foreign citizens who have temporary residence permit. Failure to meet these requirements after 3 years of their stay in Russia can cause the cancellation of current or refusal in issuing temporary residence permit.
- Change to Subclause 9, Part 1, Article 9, defines the minimum living space (Article 50 of the Housing Code) for registration of foreign citizens who have permanent residence permit. Failure to meet these requirements after 3 years of their stay in Russia can cause the cancellation of current or refusal in issuing permanent residence permit.
The new law also introduces changes to Article 15 of the Federal Law as of July 18, 2006 № 109-FZ "On migration registration of foreign citizens and persons without citizenship in the Russian Federation"
A foreign citizen can be registered at the place of his/her residence, if the minimum living space rate, stipulated in the Article 50 of the Housing Code of the Russia is satisfied.
The Article 50 of the Housing Code gives the right to the regional governments to establish their own minimum living space rates.
In accordance with the Article 9 of the Law of Moscow №29 as of June 14, 2006:
- for the separate apartments the minimum living space is 10 square meters;
- for the apartments, provided families by Moscow authorities the minimum living space is 15 square meters.
The above demands apply only for temporary or permanent foreign residents in Russia.
Now the draft law is under consideration. We will provide an additional information on its coming into force.
The full version of the draft law is available here.
For detailed information please, contact Confidence Group consultants.
