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Constitutional law of the Russian Federation. Legal status of refugees in the Russian Federation (the most important)

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34. LEGAL STATUS OF REFUGEES IN RF

The legal status of refugees is determined, first of all, by the Federal Law "On Refugees" (adopted in 1993, the current version entered into force in 2001), adopted in accordance with the UN Convention on the Status of Refugees of 1953 (entered into force in 1954 ., Russia joined in 1992) and the UN Protocol relating to the Status of Refugees (approved by a resolution of the UN General Assembly in 1966, entered into force in 1967, Russia joined in 1992).

a refugee a person who is not a citizen of the Russian Federation can be recognized who, due to a well-founded fear of becoming a victim of discriminatory persecution, is outside the country of his citizenship (for stateless persons - outside the country of his former usual residence) and cannot (does not want) to use the protection of this country due to the indicated concerns. Such a person applies for recognition as a refugee. This application can be submitted to a diplomatic mission (consular office) of the Russian Federation abroad; the post of immigration control of the federal executive body for the migration service (or the border control body of the federal executive body for the border service) at the checkpoint across the State Border of the Russian Federation; to the territorial federal executive body for the migration service or the territorial federal executive body for internal affairs on the territory of the Russian Federation. Petitions on the merits are considered by the federal executive body for the migration service or its territorial bodies.

The grounds for refusing to satisfy a person's application for recognition as a refugee may be the following circumstances: the person has no grounds for recognizing him as a refugee; a criminal case was previously initiated against the person for committing a crime on the territory of the Russian Federation; the person arrived from a foreign state, on the territory of which he could be recognized as a refugee.

A person recognized as a refugee (for a period of up to 3 years) receives an appropriate certificate, the necessary information, a referral to a temporary accommodation center (where food and utilities are provided, assistance in the direction of vocational training), a one-time cash allowance (at least 100 rubles per each family member). The refugee is assisted in ensuring travel to the place of residence, medical and medicinal assistance (but he must undergo a mandatory medical examination and receive an appropriate medical certificate).

A person loses the status of a refugee if he acquires the citizenship of the Russian Federation (or a permit for permanent residence in the Russian Federation); the circumstances that served as the basis for recognizing him as a refugee disappear and the person can return home; is deprived of such status by decision of the federal executive body for the migration service or its territorial body (a court sentence for committing a crime has entered into force against a person; when obtaining refugee status, a person used knowingly false information or forged documents).

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