The ban on entering the Russian Federation. Checking the ban on entry

As the key normative act regulating the procedure for the entry of foreigners from abroad and persons who do not have citizenship, Federal Law No. 114. To cross the border, the subject must have a visa and documents that confirm his identity. However, in some cases, their availability is not enough, because there is a ban on entry to Russia. Let's consider further, in what cases it is established and what can be its durability.

Grounds

The list of reasons why restrictions can be imposed on a person is contained in Federal Law No. 114, in Article 26. In accordance with the norm, the ban on entry to Russia is established when:

1. Sanitary and customs violations during the passage of border controls. In this case, the ban on entry into the Russian Federation will remain in effect until they are eliminated.
2. Reporting unreliable data about yourself and the purposes of visiting the country.
3. Involvement of the subject to administrative responsibility in Russia 2 or more times within three years. Restrictions in this case are valid for 3 years. The calculation of the term is carried out from the date of entry into force of the last resolution.
4. Violation during the previous stay in the country of exit rules until the expiration of 30 days after the end of the period of temporary residence in the state. The ban on entering the RF is established in this case for 3 years from the day when the subject left its limits.

The violations found, meanwhile, may not always lead to restrictions in all cases.

The Imperative Norm

More stringent rules establish art. 27 of the above law. In accordance with the norm, a ban on entry into the Russian Federation is provided for:

1. Presence of threats to the state, danger to the health / life of the population.
2. Decision-making on expulsion of a subject from the country or its deportation. In such cases, the ban on entry into the Russian Federation will be valid for at least five years (with a single violation, which served as the basis for issuing the relevant act) and at least 10 years (with multiple illegal acts).
3. Decision on the transfer of a person to a foreign state in the procedure of readmission. It acts against subjects who violate the rules of entry and stay in the country. The restriction in this case will have the same duration as established for deportation and deportation.
4. The presence of the subject of outstanding conviction for a crime of an intentional nature.
5. Providing forged documents.
6. Evasion of past visits from payment of fines, tax and other mandatory deductions.
7. Absence of documents required for obtaining a visa, a medical insurance policy, as well as evidence of the existence of a means of subsistence in the territory of the Russian Federation.
8. Committing to past visits two or more serious violations in the field of public and labor law and security. In this case, the ban on entry into the territory of the Russian Federation is set for 5 years.
9. Violation of the period of departure from the country. In this case, the duration of the ban depends on the severity of the offense and can range from 3 to 10 years.

Nuance

When readmission provides a certain leniency for some categories of persons. These include subjects in respect of which it was terminated on the grounds established in Art. 32.5 FZ No. 115. They are a voluntary departure of a foreign person from Russia. If it was implemented not at the expense of the national budget, the subject is guaranteed the termination of readmission, as well as assisting in identifying the person. The ban on visiting Russia for such a person will be valid for 3 years.

Limitations as a sanction tool

The ban on entry is often used by various governments against enemy states. In particular, in the United States, a number of European and some other countries, such measures have been introduced. So, the ban on the entry of Russian citizens into them is connected with the annexation of the Crimea. Meanwhile, the deputies of our State Duma also do not stand aside. For example, a proposal was made to ban the entry of representatives of countries that are unfriendly to Russia. As an official basis for establishing the restriction, the deputies call manifestation of a threat to the state interests and the rights of the population.

Checking the ban on entry to Russia

To learn about the presence or absence of restrictions, please visit the official website of the Federal Migration Service. On the page, you need to select the appropriate service, then in the opened menu you need to fill in the fields. The information is in Russian. The columns are entered:

1. FULL NAME.
2. Floor.
3. Citizenship.
4. Date of Birth.
5. Number and type of document for which the entry was made to the Russian Federation for the last time, the name of the state or organization where it was received.

Before sending a request, you must enter the code shown in the picture. The system will provide the information available in the database. It should be noted that the information is of a reference nature. This means that the real state of affairs may be different. To obtain up-to-date data, it is advisable to contact the FMS personally.

Specificity of setting limits

State agencies that have the authority to impose a ban on entry include the FMS, the FSB, the Ministry of Internal Affairs, the FSO, the FSKN, and several others. It should be said that these instances are not required to receive exhaustive information about the life of a person in the country. The prohibition is applied to it based on the information that is present in the database. Elucidation of other details concerning the family, children, relatives, personal qualities of the subject, is not carried out. On the fact of imposing a restriction, the authorized agency is obliged to notify the person to whom it is applied. However, in practice, the notification procedure is of a formal nature. In this regard, the subject learns about the existence of the ban directly when crossing the state border, returning from vacation, arriving to work in Russia, being on its territory and issuing a RWP, extending registration and so on. To avoid misunderstandings, experts recommend periodically sending requests to the FTS website. Checking the ban on entry will not only prevent unpleasant situations, but also notify partners or other interested parties in a timely manner. This is especially important when carrying out foreign economic activities.

How to remove the ban on entry?

Quite common is the opinion that the termination of the restriction can be directly on the spot. For example, at the airport, in the FMS unit, in the border control zone. However, this opinion is erroneous. Moreover, the lifting of the ban on entry into the Russian Federation is not part of the duties of the department's employees. Legislation provides for a rather complicated procedure. In accordance with the rules, you can apply to remove the ban in the structure that initiated it, or directly to the court, which is located at its location. As practice shows, the authorized agencies do not decide the issue, but issue a refusal after a certain time. In essence, the situation can be resolved in court.

An Important Moment

It should be noted that only a lawyer with an official higher education is entitled to represent the interests of a citizen of another state in the examination of a case. Such a requirement establishes Article 55 of the CAS. This means that relatives and spouses can not protect each other in the absence of a diploma. Many foreigners, meeting such bureaucratic obstacles, decide not to continue the struggle and return to their states. Some are trying to illegally enter Russia. In the case of capture, violators are threatened with imprisonment or deportation.

Help of lawyers

Experience shows that it is possible to lift the ban on visiting the Russian Federation in many cases. Moreover, the procedure can be carried out in two to three months. Having dealt with the situation, you can legally stay on the territory of the Russian Federation, work and live peacefully. Of course, there must be appropriate grounds for resolving the issue. The conditions of the alien's stay in the state are taken into account. One of the necessary measures is considered to be the procedure for appealing the relevant resolution. In many cases, when people start taking their own steps independently, but when they encounter obstacles, they abandon the idea, it often turns out that with a competent approach it was possible to resolve the situation in favor of a person who was prohibited. Often the difficulties arise because people themselves start to confuse the situation. In this regard, it is advisable to immediately turn to a qualified lawyer. This is all the more relevant, if the arising ban can damage the business or the reputation of the subject.

Conclusion

The ban on entry for many citizens creates big problems. In particular, the difficult situation will be for those who did not know about the existence of restrictions. Currently, there is a public information base that contains information about all the bans that have been entered. It is advisable to periodically check the information on the FMS website. In general, to prevent the establishment of restrictions on entry, it is sufficient to comply with the requirements of the legislation not only directly when crossing the border, but also when residing on the territory of the Russian Federation. This means that the person in the country must have all the documents confirming the legality of his stay. It is important to observe the provisions of the Constitution and federal laws. If the subject does not commit violations, timely and fully fulfill the obligations imposed on him by regulatory enactments, he will not be banned by any prohibitions. Accordingly, he can safely live without worrying about the possibility of being expelled from the state.