Border monitoring

The procedure for exit from the Russian Federation and entry into the Russian Federation is approved by Federal Law No. 114-ФЗ dated August 15, 1996 “On the Procedure for Exiting the Russian Federation and Entering the Russian Federation”.

Some excerpts from this document are given below.

In accordance with Article 6 of this document:

Citizens of the Russian Federation shall exit from the Russian Federation and enter the Russian Federation using valid documents proving identity of a citizen of the Russian Federation outside the territory of the Russian Federation. The procedure for preparation, issuance and seizure of these documents is determined by this Federal Law.

            Control over presence of visas or other permits for persons to enter a foreign country is a responsibility of the transport company (passenger carrier), unless otherwise provided by an international treaty of the Russian Federation.

 

In accordance with Article 7 of this document:

The main identity documents of a citizen of the Russian Federation under which the citizens of the Russian Federation depart from the Russian Federation and enter the Russian Federation are:

  • a passport;

  • a diplomatic passport;

  • an official passport;

In accordance with Article 15 of this document:

The right of a citizen of the Russian Federation to leave the Russian Federation may be temporarily restricted in cases where he:

1) if admitted to information of particular importance or top secret information classified as a state secret in accordance with the law of the Russian Federation on State Secret, concluded an employment agreement (contract), implying a temporary restriction of the right to leave the Russian Federation until expiration of the limitation period established by the employment agreement (contract) or this Federal Law, provided that the period of limitation may not exceed five years from the date of the last familiarization of the person with the information of special importance or top secret information.

If there are findings of the Interdepartmental Commission for the Protection of State Secrets indicating that the information of special importance or the top secret information, which the citizen was aware of on the day of filing the application for leaving the Russian Federation, retains the appropriate degree of secrecy, then the period of limitation of the right to leave the Russian Federation specified in the labor agreement (contract) may be extended by the Interdepartmental Commission, which is formed in the manner determined for creation of interdepartmental coordination and consultative bodies formed by the federal executive authorities. Note however that the period of limitation of the right to leave shall not exceed a total of ten years, including the period of restriction established by the employment agreement (contract), from the day the person was last last familiarized with the information of particular importance or top secret information;

(as amended by Federal Law No. 58-ФЗ dated 29.06.2004)

2) is called up for military service or sent to carry out alternative civilian service in accordance with the legislation of the Russian Federation, until the end of the military service or the alternative civilian service;

3) is a suspected person or has been put on trial as an accused in accordance with the criminal procedural legislation of the Russian Federation until adjudication of the case or entry of judgment into legal force;

(sub-clause 3 as amended by Federal Law No. 60-ФЗ dated 07.04.2010)

4) has been convicted of committing a crime, until the punishment is served (executed) or until the person is released from punishment;

5) evades from fulfillment of obligations imposed on him by the court, until the obligations are fulfilled or until the parties reach agreement;

6) reported deliberately false information about himself when drawing up documents for leaving the Russian Federation, until the issue is resolved by the authorities issuing such documents within a period of not more than one month;

7) does civil service (works) at the Federal Security Service, until expiration of the relevant agreement (employment contract);

(sub-clause 7 introduced by Federal Law No. 241-ФЗ dated July 18, 2011)

          8) was declared insolvent (bankrupt), until the arbitration court makes a decision on the completion or termination of the insolvency (bankruptcy) proceedings, including as a result of approval of a settlement agreement by the arbitration court.

In accordance with Article 20 of this document:

A minor citizen of the Russian Federation, as a rule, leaves the Russian Federation jointly with at least one of his parents, adoptive parents, guardians or custodians. If a minor citizen of the Russian Federation leaves the Russian Federation unaccompanied, in addition to his passport he must carry a notarized consent of the above mentioned persons for a minor citizen of the Russian Federation traveling abroad indicating the date of departure and the state(s) that he intends to visit.

In accordance with Article 21 of this document:

If one of the parents, adoptive parents, guardians or custodians declares his disagreement on the minor citizen of the Russian Federation leaving the Russian Federation, the court will decide whether the minor citizen of the Russian Federation may leave the Russian Federation.

In accordance with article 25.10 of this document:

A foreign citizen or a stateless person who entered the territory of the Russian Federation in violation of the established rules, or who did not have documents confirming his right of stay (residence) in the Russian Federation, or who has lost such documents and has not filed a corresponding application with the territorial body of the federal executive body for internal affairs, or those who evade from leaving the Russian Federation upon expiration of their period of stay (residence) in the Russian Federation, and have violated the rules of transit through the territory of the Russian Federation, are illegally staying on the territory of the Russian Federation and shall be liable in accordance with the legislation of the Russian Federation.

Physical and legal entities assisting a foreign citizen or a stateless person in illegally entering the Russian Federation, illegally leaving the Russian Federation, illegally transiting through the territory of the Russian Federation and illegal stay in the Russian Federation as well as transport organizations or other organizations that perform international transportation and that delivered to the Russian Federation a foreign citizen or a stateless person with improperly processed documents or without documents required for the right to enter the Russian Federation shall be responsible in accordance with the legislation of the Russian Federation.

With regard to a foreign citizen or a stateless person, if there are grounds provided for by Article 26 of this Federal Law, a decision may be made not to deny entry into the Russian Federation. With regard to a foreign citizen or a stateless person, if there are grounds provided for by the first part of Article 27 of this Federal Law, a decision is made not to deny entry into the Russian Federation. If decisions are made simultaneously to deny entry into the Russian Federation to several foreign citizens and (or) stateless persons, such decisions can be formalized by drawing up a single document indicating the surname, name and patronymic (if any) of each foreign citizen or stateless person in respect of which such decision was made, the citizenship (nationality) of the said foreign citizen as well as details of the documents certifying identity of these foreign citizens or stateless persons recognized by the Russian Federation in this capacity. The procedure for taking a decision on denial of entry into the Russian Federation and the list of federal executive bodies authorized to make such decisions are established by the Government of the Russian Federation.

(part three as amended by Federal Law No. 78-ФЗ dated April 17, 2017)

In relation to a foreign citizen or a stateless person illegally staying on the territory of the Russian Federation, or a person who is not allowed to enter the Russian Federation, and also if the stay (residence) of a foreign citizen or stateless person legally staying in the Russian Federation, creates a real threat to the defense or security of the state, either to public order or to public health, in order to protect the foundations of the constitutional system, morality, rights and legitimate interests of others, it may be decided that the stay (residence) of these foreign citizen or stateless person in the Russian Federation is undesirable, except for cases provided by paragraph two, clause 3, article 11 of Federal Law No. 38-ФЗ dated March 30, 1995 “On Prevention of Transmission of a Disease Caused by the Human Immunodeficiency Virus (HIV) in the Russian Federation”. If it is confirmed that a foreign citizen or stateless person has cured an infectious disease that is dangerous to others, the foreign citizen or the stateless person in respect of whom a decision was made about undesirability of stay (residence) in the Russian Federation due to the presence of circumstances that create a real threat to public health, this decision shall be canceled. If a foreign citizen or a stateless person in respect of whom the decision was made about the undesirability of stay (residence) in the Russian Federation due to the fact that the said foreign citizen or stateless person has an infectious disease that is dangerous to others refuses to undergo treatment in the Russian Federation or depart for another country for the purpose of treatment, such decision may be suspended. The procedure for adopting, suspending and canceling a decision on undesirability of stay (residence) in the Russian Federation of a foreign citizen or a stateless person and the list of federal executive bodies authorized to make such a decision are established by the Government of the Russian Federation.

(part three as amended by Federal Law No. 270-ФЗ dated July 29, 2017)

A foreign citizen or a stateless person in respect of whom a decision was made to deny entry into the Russian Federation or a decision on the undesirability of stay (residence) in the Russian Federation was made is obliged to leave the Russian Federation in the manner prescribed by the federal law.

(as amended by Federal Law No. 224-ФЗ dated 23 July, 2013)

A foreign citizen or a stateless person who has not left the territory of the Russian Federation within the prescribed period shall be subject to deportation.

The foreign citizen or stateless person in respect of whom a decision was made to deny entry into the Russian Federation or a decision on the undesirability of stay (residence) in the Russian Federation was made shall be deported by the federal executive body for internal affairs or its territorial body in cooperation with other federal executive authorities and their territorial bodies within their competence. The procedure for liaison of the federal executive body for internal affairs and its territorial bodies with the federal executive bodies authorized to decide on denial to enter the Russian Federation or the undesirability of stay (residence) in the Russian Federation with their territorial bodies in monitoring performance of such decisions by the foreign citizens and stateless persons shall be established by joint regulatory legal acts of the federal executive body for internal affairs and the interested federal executive authorities.

(part seven as amended by Federal Law No. 131-ФЗ dated July 01, 2017)

A decision on undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation serves as grounds for subsequent denial of entry into the Russian Federation.

The foreign citizen or stateless person in respect of whom a decision was made about undesirability of his stay (residence) in the Russian Federation is not allowed to enter the Russian Federation, unless the said foreign citizen or stateless person is transferred by a foreign state of the Russian Federation in accordance with the international readmission agreement of the Russian Federation.

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