Deputy Chairman of the State Duma Committee on Control and Regulation Natalya Kostenko (United Russia party) introduced a bill to the lower house, according to which foreigners with relatives - citizens of the Russian Federation permanently residing in Russia, for committing administrative offenses will not be expelled from the country and their permission canceled for temporary residence (RVP) and a residence permit (residence permit).

The parliamentarian proposes to supplement the articles of the Federal Law of July 25, 2002 No. 115-FZ "On the legal status of foreign citizens in the Russian Federation" and the Federal Law of August 15, 1996 No. 114-FZ "On the procedure for leaving the Russian Federation". 

We are talking about exceptions for citizens who, within one year, more than two times were brought to administrative responsibility for encroachment on public order and public safety, illegal circulation of narcotic and psychotropic drugs, and also violated the regime of stay or work in the Russian Federation.

At the moment, the Ministry of Internal Affairs of the Russian Federation has grounds to revoke the temporary residence permit and residence permit from foreign citizens who have committed administrative offenses, as well as prohibit them from entering Russia.

Protection of family values

As stated in the explanatory note to the draft law, when making a decision in relation to such citizens, the authorized bodies do not take into account the fact that they have a family consisting of Russian citizens permanently residing in Russia.

According to Kostenko, the bill will ensure the protection of family values, the rights of a foreign citizen and his close relatives - citizens of the Russian Federation, and will also remove the additional burden on the courts that consider migration disputes.

In addition, the deputy notes that the amendments will prevent a massive outflow of labor migrants.

"According to the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation, in 2019, over 800 thousand migrants were expelled," the explanatory note says.

In an interview with RT, Natalya Kostenko said that the legislative initiative was primarily a response to the appeals of citizens who were faced with expulsion from the country for minor offenses.

“The Supreme and Constitutional Court has repeatedly indicated that the punishment should be proportionate to the violation,” explains Kostenko.

- Now, for two crossings of the road in the wrong place, a person can be expelled from the country for several years.

He leaves, and his family remains in Russia.

After a long separation, most likely, he will start another family and will work in another country and pay taxes.

And our state will cover the expenses for the relatives staying here ”.

“As for administrative violations related to the storage and use of narcotic drugs, these are administrative violations, for which the maximum liability is a fine of 5 thousand rubles.

And a year after the payment of the fine, it is considered that the person was not subjected to it.

Since the state provides for such insignificant liability, it means that this offense does not follow any significant social consequences.

It is important that we do not include in the project criminal or serious migration offenses - only administrative ones, ”says Kostenko.

According to her, during the discussion of the draft law at the public council, the employees of the migration department of the Ministry of Internal Affairs of the Russian Federation did not make any serious comments, except for the fear that the approval of the initiative could lead to an increase in the number of fictitious marriages.

However, Kostenko believes that the bill will solve a much larger problem.

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Promotes humanization

Experts interviewed by RT agree that the bill will contribute to the humanization of migration legislation.

Former Deputy Head of the Federal Migration Service Vyacheslav Postavnin is confident that this initiative will reduce the number of bureaucratic mistakes in decision-making.

“The leadership of the Main Directorate for the Ministry of Internal Affairs has set the correct, in my opinion, vector towards the humanization of migration legislation, in which a person comes out on top,” explains Postavnin.

- If earlier a migrant could be expelled from the country for some minor violation without seeing that he has a family here, then if the bill is adopted, this will be taken into account.

After all, in our country, violations of migration legislation are practically a criminal offense.

It so happens that a person did not get on the migration register at the right time or he was not in the electronic database for reasons beyond his control, because of a failure in the system, but we perceive him as a criminal.

The system saw the violation and closed the entrance, but what kind of violation, why it happened, whether he has a family from which he will be separated, or is he, for example, a qualified specialist - this is not interesting for the system. "

Deputy Head of the Institute of CIS Countries Alexandra Dokuchayeva believes that the bill meets the interests of citizens and is designed to solve the problem of disproportionate punishment for the offense.

The expert notes a large number of appeals to human rights defenders from foreigners, who were deprived of their residence permits for minor violations and blocked their way to Russian citizenship.

“We were approached by a person who received two fines for incorrect parking and the absence of a child seat in the car, and for this he was deprived of a residence permit,” says Dokuchaeva.

- He has lived in Russia for a long time with his wife - a citizen of the Russian Federation, was preparing to receive a passport, and in relation to him a decision is made to expel him from the country with a ban on entry.

In this case, not only his rights as a foreign citizen are violated, but also the rights of his wife, a citizen of the Russian Federation.

An administrative offense, which is punished with a fine and paid on time, is not proportionate to the punishment that is now applied to migrants, therefore, in my opinion, this sanction should be lifted. "

However, some of the experts are confident that Kostenko's initiative may negatively affect public and even national security.

So, according to the deputy of the legislative assembly of St. Petersburg Andrei Anokhin, who recently proposed to ban migrants from working in taxis, there is a whole network of offices in Russia that is engaged in the legalization of foreign labor.

“Medical certificates, exams in the Russian language have become fictions, now there will be added lawyers who will provide the shadow sphere of the migration life of the Russian Federation with the help of marriage certificates so that offenders remain on the territory of the Russian Federation and continue to break the law.

I'm not even talking about the country's national security.

There is a real threat of the formation of certain groups from a large number of migrants who are under the influence of radical organizations, ”the deputy explains.

He is sure that adjustment of the migration policy is necessary, but its goal should be different: to prevent migrants from displacing Russian citizens from their jobs, as well as increasing the burden on the social sphere.

“It is necessary to introduce bans on certain professions so that a citizen of the Russian Federation is a priority.

First of all, this concerns construction projects, where budget money is spent.

There shouldn't be any foreign citizens at all.

And it is important to encourage Russians to return to certain jobs, ”concluded Anokhin.