"You can't even leave your home": a native of Tajikistan cannot restore a labor patent, despite a court decision

A Tajik citizen, 30-year-old Sukhrob Malikov has been living and working in Russia since 2009.

He issues a labor patent annually.

The last document, valid for 12 months, was issued to him in April 2020, and in March 2021, an inspection took place at the facility where he worked.

“The husband worked as a laborer in the repair of apartments, - says Sukhrob's common-law wife Victoria Novikova.

- His documents were all in order.

We paid for the patent every month.

A check came to the facility, during which a protocol was drawn up on it.

They said that the patent has expired.

He spent a day in the police station, then he was taken to the Tushinsky District Court, and given an expulsion order.

We immediately filed a complaint against this decision in March. ”

According to the materials of the case, a protocol was drawn up against Malikov that, in violation of clause 4 of article 13 of the Federal Law of 25.07.2002, No. 115-ФЗ "On the legal status of foreign citizens in the Russian Federation", he worked without a labor patent.

By the ruling of the Tushinsky District Court of the city of Moscow dated March 23, 2021, Malikov was found guilty of an administrative offense under Part 2 of Article 18.10 of the Administrative Offenses Code of the Russian Federation and sentenced to a fine of 5,000 rubles with administrative expulsion from the Russian Federation.

Malikov's complaint was considered by the Moscow City Court.

In August, a decision was made, which noted that according to the Central Database of Foreign Citizens (AS TsBDUIG), the department of external labor migration of the Department of External Labor Migration of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow Malikov issued a patent for work from April 17, 2020.

Malikov's lawyer provided evidence of the monthly payment for the patent from May 2020 to March 2021 inclusive.

“These circumstances have not been verified by the court of first instance, - said in the decision of the Moscow City Court.

- Thus, at the time of the inspection on March 22, 2021 S.Sh. Malikov.

had the right to carry out labor activities on the territory of Moscow ".

Malikov's complaint was upheld.

The Moscow City Court overturned the ruling of the Tushinsky District Court and terminated the proceedings due to the absence of an administrative offense event.

“The lawyer did not tell us why the consideration of the appeal against the decision took so long.

There were two or three hearings.

I was asked to provide the court with receipts for the payment of the patent.

I provided everything, ”says Victoria.

"I've been suffering with this for almost a year."

In September, Malikov applied for a patent for work in Moscow, but he was refused, since in the information information he is still listed as being brought to administrative responsibility, and his previously issued patent - as canceled.

“After we won in court, the lawyer told me that the expulsion decision should have been automatically withdrawn, but in the end this did not happen,” explains Victoria.

- Now the lawyer offers me to pay him more so that they sue the responsible authorities, which do not lift the ban.

I have been suffering with this for almost a year.

Sukhrob still cannot work.

He can't even leave the house, because there are no documents.

We live on one of my salaries.

I have to go out to work part-time in order to somehow pay for rented housing and still have some food left. "

The woman turned to RT with a request to help her solve this problem.

RT sent a request to the Ministry of Internal Affairs.

The department reported that in accordance with Article 13.3 of the Federal Law of July 25, 2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", the validity of the patent is considered extended for the period for which the personal income tax has been paid in the form of a fixed advance payment ...

“On the day of drawing up the administrative protocol in relation to the said citizen, there was no information in the information records about the payment made,” the press service of the Ministry of Internal Affairs comments.

- The documents confirming the payment of the tax were also not provided either when drawing up the protocol, or when considering an administrative offense case in the court of first instance.

The specified citizen was not excluded from the list of persons who are not allowed to enter the Russian Federation, due to the fact that the decision of the Moscow City Court to cancel the decision of the Tushinsky District Court of Moscow was received by the Main Directorate of the Ministry of Internal Affairs for Moscow on November 15, 2021 " ...

At the same time, the Ministry of Internal Affairs emphasized that at present, a letter has been sent to the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow about the adoption of measures to cancel the decision to ban Malikov from entering Russia.

"After lifting the restriction on entry to the Russian Federation, the issue of granting a patent for employment may be re-examined," the Ministry of Internal Affairs explained.

According to Victoria, the other day she received a letter from the Ministry of Internal Affairs, in which she was asked to send an appeal to the department with the attachment of documents on this case to resolve the issue.

“The other day I visited a lawyer,” says Novikova.

- We collected all the documents and sent them back to the Ministry of Internal Affairs.

I hope everything will work out and our problem will be resolved. "