Administrative expulsion of a foreign citizen outside the Russian Federation

состоит в контролируемом и принудительном перемещении лиц за границы государства. Administrative expulsion from the Russian Federation consists in the controlled and forcible transfer of persons beyond the borders of the state. In some cases, it assumes an independent exit from the country.

Causes

What can be the reason for administrative expulsion? территории могут принудительно покинуть субъекты, которыми совершены противоправные действия, противоречащие интересам госбезопасности, нарушающие режим пересечения госграницы или общественный порядок. The limits of the Russian territory may be forced to leave the entities that committed unlawful actions, contrary to the interests of the state security, violating the regime of crossing the state border or public order. This type of punishment is also imposed to ensure the protection of morality, health and life, legitimate interests and the rights of the population. These are the main reasons why administrative exclusion can be carried out. – демократическая страна, однако внутригосударственное законодательство устанавливает четкие правила поведения на ее территории. The Russian Federation is a democratic country, but the domestic legislation establishes clear rules of conduct on its territory. In particular, this applies to subjects who do not have citizenship and who have come from other states.

Specificity of dealing with cases

Currently, many subjects from the territory of the country are deported. Meanwhile, cases are often considered in extremely short terms, interpreters are not provided, information about the presence of relatives who are citizens of the Russian Federation, labor and other documents that nullify the grounds for applying such punishment is ignored. In such cases, the only way to avoid deportation is to file an appeal in accordance with the provisions of the CAO or CAS.

Features of the complaint

, как правило, удовлетворяется, если у субъекта есть родственники, живущие в стране на законных основаниях. An appeal against a court ruling that punishes administrative expulsion outside the Russian Federation as a punishment is usually satisfied if the subject has relatives living in the country legally. The decision of the first instance can be left unchanged if there has been a malicious violation of the law. In this case, even relatives living in the country will not help.

Timing

, подается в десятидневный срок с даты его вынесения. The complaint against the decision, according to which the administrative expulsion is determined as punishment, is submitted within ten days from the date of its removal. If for some reason this period was missed, there is an opportunity to apply to the supervisory authority. It addresses complaints about decisions that have entered into force. If the reasons for missing a ten-day period were valid (illness, for example), it is advisable to apply for its recovery. It is sent to the court at the same time as the appeal.

Inhibition of entry

имеет ряд негативных последствий для него. The administrative expulsion of a foreign citizen from the Russian Federation has a number of negative consequences for him. First of all, a specific term of punishment is established. In accordance with Federal Law No. 114 (Article 27), it is 5 years. During this period, the subject is prohibited from entering the country.

However, there is an exception to this rule. осуществляется служащими пограничных подразделений, то срок составит 1 год. If the administrative expulsion of foreign nationals is carried out by employees of border guard units, the period will be 1 year. If these officials identify attempts of a previously deported entity to cross the country's border again, the entry will be closed for at least 5 years. When establishing the fact of repeated submission of documents with altered data by the service of inquiry of the frontier units of the FSB, a criminal case may be opened in accordance with Article 322 of the Criminal Code establishing penalties for illegal crossing of the state border.

FZ No. 115

в виде наказания за нарушения, выступает отказ в предоставлении разрешения на временное пребывание, вида на жительство и иных документов, позволяющих субъекту находиться легально на территории государства. In accordance with this normative act, as another one, the consequences of the decision establishing administrative expulsion in the form of punishment for violations are refusal to grant a temporary residence permit, residence permit and other documents allowing the subject to be legally in the territory of the state. According to Art. 33 FZ No. 115 persons who are illegally in the country and are subject to transfer / reception in accordance with the international agreement on readmission are subject to registration, photographing, as well as mandatory fingerprinting. All information is placed in the central information database. в настоящее время считается безальтернативным наказанием вследствие внесения изменений в КоАП. The administrative expulsion of a stateless person is currently considered to be a non-alternative punishment due to changes in the Code of Administrative Offenses.

The difference from the ban on entry

имеет свои специфические черты. Administrative expulsion has its own specific features. On these grounds it differs from the ban on entry:

1. Deadline. осуществляется на 5 лет, запрет на въезд – на 3 года. The administrative expulsion is carried out for 5 years, the ban on entry - for 3 years.
2. Authorized body. The decision on administrative expulsion is made by the court, the territorial unit of the FMS is banned for entry.
3. The term of appeal. The decision on expulsion - within 10 days by the rules of administrative proceedings, on the prohibition of entry - within 3 months. The calculation of the term starts from the moment when the subject learned or he could become aware of the ruling.

It is worth saying that the decision to ban entry is announced directly on the border. The person will learn about administrative expulsion in the course of consideration of the case in court.

Deportation

Unlike it, administrative expulsion from the territory of the country can be carried out by the subject independently, under the control of authorized bodies. Deportation is a compulsory procedure. It is used, as a rule, when the existence or loss of legal grounds for the stay of a person in the country ceases. Deported subjects, if the period of stay / residence in the state was officially reduced. In this case they need to leave the country within 3 days. If the residence permit or the RWP was revoked, the time limit for leaving is 15 days. The decision on deportation is taken by the head of the territorial division of the FMS on a motivated presentation by the head of the department of the passport and visa service or the department for migration cases. Implementation of the decision on forced deportation is assigned to the ATS units, the FMS or other structures having the appropriate powers.

An Important Moment

Since January 1, 2014, Federal Regulations 115 and 114 have been amended. In accordance with them, the length of the period of stay in the country of the subject who arrived from the territory of another state in an order not providing for the issuance of a visa is not more than 90 days. Totally during each interval of 180 days. The exceptions are the cases directly stipulated in the legislation, as well as the situation when the specified period was extended in accordance with the provisions of the Federal Law. If the subject during the previous stay in the territory of the country exceeded the established period, entry to it will be banned for 3 years from the date of departure from the territory of the state.

Normative base

Legislative regulation of cases relating to expulsion from the territory of the country is carried out by the following acts:

1. CAO.
2. FZ No. 114. This normative act regulates the procedure for entry into and exit from the country.
3. FZ No. 115. This normative act defines the legal status of foreigners in the territory of the Russian Federation.
4. Resolution of the Plenum of the Armed Forces No. 40 of December 19, 2013

Some issues may be clarified in other regulatory acts.

Conclusion

It is worth saying that not in all cases the decision to expel is legal. Above mentioned, the most common violations in the process of consideration of cases. The subject to whom an administrative deportation has been ordered may file an appeal. Help can also relatives who are in the country legally. When filing a complaint, you need to remember the timing. It is often very difficult to restore them.

In addition, you should know that the burden of proof is on the applicant. This means that the subject will not only need to justify the validity of the reasons for missing the deadline (if it is necessary to restore it), but also, in fact, his complaint. It will be difficult to cancel the decision taken in the first instance, if the subject is violated by migration legislation or other regulatory acts. In such situations, you can contact a qualified lawyer.

As for those who were expelled (deported) outside the state, information about them is entered into the information base. Some entities attempt to cross the border illegally. For this, for example, they use documents with changed data. If the border service detains such a citizen, he will be held accountable in accordance with the legislation of the country. In this case, there is a possibility of applying criminal penalties to him. Recently, migration control measures have been significantly tightened. This is due primarily to the rather unstable foreign policy situation, which is constantly threatening outside the country. In the light of the latest developments, border control was strengthened for persons entering from the territories of other states, including near abroad.