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Administrative law. Administrative and legal status of foreign citizens and stateless persons (the most important)

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26. ADMINISTRATIVE AND LEGAL STATUS OF FOREIGN CITIZENS AND STATELESS PERSONS

The administrative and legal status of foreign citizens and stateless persons is regulated by the Federal Law "On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation", international treaties and agreements, and the Federal Law "On the Legal Status of Foreign Citizens".

Administrative capacity persons arriving in the country has its own characteristics in terms of time (documentation, stay in the country and departure or change of citizenship).

Administrative capacity depends on which rights and obligations they exercise by their actions on a general basis, and which - on the basis of the provisions specified in international treaties and agreements. Based on Art. 62 of the Constitution of the Russian Federation, this category of persons enjoys all the rights and bears obligations on an equal basis with citizens of the Russian Federation, except in cases established by the Federal Law or international agreements. Foreign citizens, including the majority of citizens from the CIS countries, have a smaller amount of administrative legal personality than citizens of the Russian Federation. They cannot hold public office, or engage in activities that are related to belonging to the citizenship of the Russian Federation or related to state secrets. Restrictions on movement and choice of place of residence are allowed for this category of persons in order to ensure state security. Foreign citizens and stateless persons are not subject to the legislation on military duty and military service. The stay of this category of persons also differs depending on the purpose: for permanent residence with obtaining documents for the right to reside and for those temporarily staying or transiting through the territory of the Russian Federation.

Foreign citizens and stateless persons are subject to administrative liability on a general basis. In addition, they may be subject to administrative liability for living without documents for the right to reside in the Russian Federation or living with invalid documents, non-compliance with the established procedure for registration or movement and choosing a place of residence, evading departure after the expiration of the period of stay, non-compliance with the rules for transit through the territory of the Russian Federation. In accordance with Art. 3.10 of the Code of Administrative Offenses of the Russian Federation, these persons may be expelled from the Russian Federation. Administrative expulsion of foreign citizens and stateless persons as a measure of administrative punishment is established and imposed by a judge, and in the event of an administrative offense upon entry into the Russian Federation - by the relevant authorized officials.

Foreign citizens with diplomatic immunity, in accordance with international treaties, are not subject to administrative jurisdiction, and those legally recognized as refugees or internally displaced persons have a special administrative status.

If an international treaty of the Russian Federation establishes rules other than those stipulated by the law of the Russian Federation, the rules of the international treaty shall apply.

Author: Chetverikov V.S.

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