Конституционное (государственное) право Российской Федерации. Правовой статус беженцев и вынужденных переселенцев в России (самое важное)

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Конституционное (государственное) право Российской Федерации. Правовой статус беженцев и вынужденных переселенцев в России (самое важное)

Lecture notes, cheat sheets

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24. LEGAL STATUS OF REFUGEES AND FORCED SETTLEMENTS IN RUSSIA

Forced migrant is a citizen of the Russian Federation who left his place of permanent residence as a result of violence committed against him or members of his family or persecution in other forms, or because of a real danger of being persecuted on the basis of race or nationality, religion, language, as well as on the basis of belonging to a certain social group or political opinions that have become the reasons for conducting hostile campaigns against a particular person or group of persons, mass violations of public order.

Refugee - this is a person who is not a citizen of the Russian Federation and who, due to a well-founded fear of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, membership of a particular social group or political opinion, is outside the country of his citizenship and cannot enjoy the protection of this country or is unwilling to avail itself of such protection owing to such fear or, having no particular nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.

The difference between refugees and internally displaced persons in the Russian Federation is subject.

Status of internally displaced persons or refugees is provided by the competent authority on the basis of the application of the interested person and is issued by the relevant certificate.

Forced migrants cannot be returned against their will to the territory that they left due to circumstances under which the status of a forced migrant is granted, or they cannot be resettled without his consent to another settlement.

Refugees are granted the right to freely leave and enter the territory of the Russian Federation on the basis of a refugee travel document.

Persons who have received the status of a refugee or forced migrant and their family members are granted a wide range of rights, for example, the right to an interpreter and information about the legal status of a refugee in the Russian Federation, the right to receive assistance in ensuring travel and transportation of luggage to the place of stay, etc.

In turn, these persons are obliged to comply with the Constitution of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on whose territory they are located, undergo a mandatory medical examination, etc.

The status of a refugee is terminated if a person voluntarily renounces this status (if the relevant circumstances in the country of his residence or permanent residence have disappeared, and also if this person has received Russian citizenship in the prescribed manner or has taken advantage of the protection of another state), or as measures of responsibility for the guilty behavior of a person.

Grounds for deprivation of refugee status:

1) the person has been convicted by a court verdict that has entered into force for committing a crime on the territory of the Russian Federation;

2) the person provided knowingly false information and documents that served as the basis for recognizing him as a refugee, or committed another violation in the procedure for obtaining the appropriate status.

Author: Kakovkina Ye.N.

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