On Introducing Changes And Additions Into The Law Of The Russian Federation "on Forced Migrants"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О вынужденных переселенцах"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038785

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Russian Federation law "on forced migrants" adopted by the State Duma November 22, 1995 year approved by the Federation Council December 9, 1995 year Article 1. Make changes and additions in the law of the Russian Federation "on forced migrants" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 12, art. 427), read as follows: "the law of the Russian Federation on displaced persons act this Act defines the status of internally displaced persons, establishes economic, social and legal guarantees for the protection of their rights and legitimate interests on the territory of the Russian Federation in accordance with the Constitution of the Russian Federation , universally recognized principles and norms of international law and international treaties of the Russian Federation.
T s t b I 1. The definition of "forced migrant" 1. Forced migrants-a citizen of the Russian Federation, left the residence as a result of committed against him or his family violence or other forms of persecution or real risk of persecution on the grounds of racial or ethnic origin, religion, language, as well as on the grounds of membership of a particular social group or political opinion, become motives for conducting hostile campaigns against a specific person or group of persons , mass disturbances of public order.
2. in the circumstances referred to in paragraph 1 of this article, a forced migrant is recognized: 1) a citizen of the Russian Federation who was forced to leave the place of residence in the territory of a foreign State and arrived on the territory of the Russian Federation;
2) a citizen of the Russian Federation who was forced to leave the place of residence in the territory of one subject of the Russian Federation and arrived on the territory of another subject of the Russian Federation.
3. Internally displaced person also recognizes the foreign citizen or person without citizenship residing lawfully on the territory of the Russian Federation and changed their place of residence within the territory of the Russian Federation due to circumstances stipulated in paragraph 1 of this article.
4. also recognizes the forced migrant citizen of the former USSR permanently residing on the territory of the Republic of the USSR, which was granted refugee status in the Russian Federation and has lost this status in connection with the acquisition of citizenship of the Russian Federation, under the circumstances that prevented the person during the period of validity of refugee status in settling on the territory of the Russian Federation.
T s t b I 2. A person who cannot be recognized as a forced migrant 1. Internally displaced person may not be recognized: 1) has committed a crime against peace, humanity or other grave crime, recognized as such by the legislation of the Russian Federation;
2) is not made without good reason for recognition of its internally displaced person within twelve months from the date of the retirement residence or within one month from the date of loss of refugee status in connection with the acquisition of citizenship of the Russian Federation;
3) escapes the residence for economic reasons or because of starvation, epidemic or natural and man-caused emergencies.
T s t b I 3. The order of registration of the application for recognition of persons internally displaced person 1. The person who left the residence in the circumstances referred to in paragraph 1 of article 1 of this Act and claiming recognition of his forced migrant shall personally or through an authorized representative to apply for recognition of his forced migrant (hereinafter application) to the territorial body of the State migration service on the new host.
2. Any person who avails himself of the recognition of his forced migrant is entitled to before leaving residence petition the federal migration service or territorial migration service at the place of the alleged resettlement either in the diplomatic mission or consular office of the Russian Federation in the State of their stay to direct this petition to the federal migration service or territorial migration service at the place of intended relocation.
3. a decision on the registration application is accepted by the territorial body of the State migration service within three days from the date of receipt of the application.
An emergency mass arrival on the territory of the Russian Federation persons who left their place of residence on the circumstances referred to in paragraph 1 of article 1 of this law, the admission of these persons is carried out in accordance with the procedure determined by Decree of the Government of the Russian Federation. Registration of these persons are motions immediately.
4. In case of positive decision the question of registration of application every person unworthy of recognition of the forced migrant shall be issued or a certificate of registration.

Information about arriving family members under the age of eighteen, shall be entered in the certificate of one of the parents.
Form of the certificate and order his extradition are determined by the Government of the Russian Federation. The certificate is the basis for granting rights and entrusting it with the duties provided for in this Act.
5. If a person claim to recognition as a forced migrant, refused registration of the petition within five days from the date the decision is issued or notice in writing together with the reasons for refusal and order of the appeal decision.
6. registration of application shall not be citizens of the former USSR who arrived in the Russian Federation due to circumstances stipulated in paragraph 1 of article 1 of this law, and are not applied in a manner prescribed by the legislation of the Russian Federation, statements or petitions for citizenship of the Russian Federation.
T s t b I 4. The rights and obligations of the person who received the certificate of registration of the application for recognition of its internally displaced person 1. A person who has received a certificate of registration of an application, and arrived with him family members who have not attained the age of eighteen, have the right to: 1) a lump-sum cash benefit for each Member of the family in accordance with the procedure and in the amounts determined by the Government of the Russian Federation, but not less than the minimum wage established by federal law;
2) get directions the territorial authority of the migration service for accommodation in the Centre of the temporary accommodation of the internally displaced persons in the absence of a definition of self-service residence or place of stay on the territory of the Russian Federation;
3) facilitating their passage and baggage allowance to their temporary settlements in accordance with the procedure determined by the Government of the Russian Federation. When this poor person (pensioner, the lone a disabled person, a family consists only of pensioners and (or) of persons with disabilities, single parent (an alternate face) with a child or children under the age of eighteen, big families with three and more children under the age of eighteen years), received the certificate of registration of an application are entitled to free passage and baggage allowance from the place of registration of an application to their temporary settlements on the territory of the Russian Federation;
4) accommodation in the Centre of temporary placement of internally displaced persons receive nutrition standards and use of public services in accordance with the procedure defined by the Government of the Russian Federation, to address the issue of recognition of their internally displaced persons;
5) free medical and drug assistance in State and municipal health care institutions in accordance with the legislation of the Russian Federation.
2. A person who has received a certificate of registration of an application, and arrived with him family members who have not attained the age of eighteen years shall: 1) while in the temporary accommodation of the internally displaced persons to comply with the established policies;
2) undergo a compulsory medical examination;
3) to report to the federal migration service body and the territorial body of the State migration service with reliable information needed to make a decision on the granting of forced migrant status.
T s t b I 5. Decision-making procedure for recognition as internally displaced person 1. Recognition of persons forced migrant shall be carried out in accordance with this law.
2. the decision on recognition as a forced migrant is taken by the relevant migration service territorial authority within three months from the date of registration of an application regardless of whether a person independently settle in the area.
Territorial migration service within five days from the date of the decision or shall give notice in writing of the outcome of the application.
The decision on recognition as a forced migrant is grounds for granting him the guarantees laid down in the present law, federal laws and other regulatory legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
3. Person who forced migrant shall be issued a corresponding certificate. Information about recognized internally displaced family members under the age of eighteen, shall be entered in the certificate of one of the parents.
Form of forced migrant identity and order his extradition are determined by the Government of the Russian Federation. Indeed identity throughout the Russian Federation.
4. status of forced migrant is granted for five years. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government within their authority shall take measures, under article 7 of this law, to ensure the resettlement of forced migrant and his/her family at the new place of residence in the territory of the Russian Federation.

If there are circumstances that prevent the forced migrant settlement at the new place of residence, the period of validity of its status is extended the territorial body of the State migration service for each subsequent year on the application of forced migrant.
T s t b I 6. The rights and duties of the forced migrant 1. Forced migrant shall have the right to: 1) choose the place of residence on the territory of the Russian Federation, including in one of the settlements offered him the territorial body of the migration service. Forced migrants may, in accordance with the established procedure to reside with relatives or other persons, subject to their consent to live together regardless of the size occupied by relatives or other persons living space;
2) in the absence of a definition of its new self-service place of residence on the territory of the Russian Federation to obtain it from federal migration service body or territorial body of the State migration service in accordance with the procedure determined by the Government of the Russian Federation, accommodation in the Centre of the temporary accommodation of the internally displaced persons or in premises of the Housing Fund for the temporary settlement of internally displaced persons;
3) to obtain assistance in securing their passage and baggage allowance to the new place of residence or place of stay in accordance with the procedure determined by the Government of the Russian Federation. When this poor person (pensioner, the lone a disabled person, a family consists only of pensioners and (or) of persons with disabilities, single parent (an alternate face) with a child or children under the age of eighteen, big families with three and more children under the age of 18 years) are provided with the right of free passage and baggage allowance from temporary settlements to new place of residence or place of stay on the territory of the Russian Federation.
2. Forced migrant shall: 1) uphold the Constitution of the Russian Federation and laws;
2) to comply with the established policies of the Centre of temporary placement of internally displaced persons and premises of the Housing Fund for the temporary settlement of internally displaced persons;
3) when changing the place of residence before leaving to star in the territorial body of the State migration service and within one month to register with the territorial body of the State migration service;
4) held the annual re-registration within the time frame set by the territorial body of the migration service.
3. Forced migrant loses the right to accommodation in a residential area of the Housing Fund for the temporary settlement of internally displaced persons in obtaining (purchasing) another shelter or upon completion of individual housing, loss or deprivation of the status of forced migrant, or if he is absent without valid reason for more than six months.
T s t b I 7. Authority of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government in respect of forced migrant 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government within their terms of reference: 1) provides a complete list of families forced settlements recommended for permanent residence, and information on conditions of residing and about employment opportunities in these locations;
2) include forced migrant in accordance with housing legislation of the Russian Federation citizens ' list for obtaining accommodation, the construction (purchase) which is financed from the federal budget, the budget of the Russian Federation and local budget funds regardless of the length of their stay in the area;
3) have forced migrant assistance in joining the housing cooperative, individual assistance, including provision of housing (acquisition) acquisition of land and building materials;
4) provides a forced migrant in need of better housing, grants for the construction (purchase) of habitation in accordance with legislation of the Russian Federation;
5) contributed internally displaced persons in the Organization of the compact settlements on the territory of the Russian Federation in the construction of housing, creation of engineering, social infrastructure and jobs in places of compact settlement;
6) provides a forced migrant if he breaks in rural employment, established by the legislation of the Russian Federation and laws of constituent entities of the Russian Federation for persons migrating to the countryside;
7) provide, in accordance with the legislation of the Russian Federation a lone forced migrant (the elderly or disabled person), relatives of which for objective reasons cannot provide him assistance and care, living room in the House community housing social use for elderly and disabled citizens;

8) provide a single priority forced migrant (the elderly or disabled person) who is in need of constant care, place in an institution of social protection of the population;
9) assist in placement of children forced migrant in State or municipal preschool and educational institutions, institutions of elementary professional education, as well as translating them as a matter of priority, the relevant institutions of secondary vocational and higher vocational education in place, funded at the expense of the corresponding budget;
10) consider treatment in writing and forced migrant give answers in writing in the manner and within the period determined by the legislation of the Russian Federation.
2. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, within the limits of his powers: 1) contribute to the realization of the rights of forced migrant for employment, training, retraining and advanced training in accordance with the legislation of the Russian Federation;
2) register a forced migrant as unemployed in case of impossibility of his employment in accordance with the legislation of the Russian Federation, irrespective of the length of residence in the locality within the territory of the Russian Federation;
3) have forced migrant, at his request, assistance in obtaining the documents necessary for the restoration of seniority, in accordance with the legislation of the Russian Federation;
4) provide internally displaced children-orphans and children left without parental care, children's homes;
5) have forced families to his request to return to their previous place of residence.
3. Territorial bodies of the migration service in accordance with the procedure determined by the Government of the Russian Federation: 1) provides a forced migrant and the members of his family, including living in temporary accommodation centres of internally displaced persons, premises of the Housing Fund for the temporary settlement of internally displaced persons;
2) provide family forced migrant long-term interest-free revolving loan for construction (purchase) of habitation. Loan sizes are determined by the Government of the Russian Federation;
3) participate in financing the construction (purchase) and the distribution of housing for permanent residence of the internally displaced.
Construction (purchase) of the housing is financed from the federal budget as well as funds from other sources, including the personal savings of the internally displaced.
4. the federal executive authorities and executive authorities of the constituent entities of the Russian Federation, within the limits of their powers, assist families forced into: 1) return abandoned them on the territory of the Russian Federation property in its ownership. In case of impossibility of restitution forced families compensated. The conditions and procedures for the return of property, as well as payment of compensation shall be determined by the Government of the Russian Federation;
2) Organization in accordance with the international treaties of the Russian Federation transport property in its property on the territory of a foreign State. In case of impossibility of restitution forced families to pay compensation in accordance with international treaties of the Russian Federation and the normative legal acts of the Russian Federation.
5. State authorities of the constituent entities of the Russian Federation on the territory involved in the forced migration of the circumstances referred to in paragraph 1 of article 1 of this Act, together with the Federal State authorities are taking measures to tackle the causes of forced migration.
T s t b I 8. Guarantees of the rights of a person applying for recognition of its internally displaced person, and forced migrant 1. Forced migrants cannot be returned against his will to the territory (locality), which he left on the circumstances referred to in paragraph 1 of article 1 of this law.
Forced migrants cannot be relocated without their consent in another locality.
2. the decisions and acts (or omissions) of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government and officials of these bodies for the enforcement of this Act may be appealed to a higher authority or in court.
3. Deadline for complaints should not exceed one month from the date of receipt of the citizen notification in writing of the decision or from the date of the expiration of one month after the filing of the complaint, if a citizen was not received at her reply in writing;
three months from the date on which the citizen has become aware of the infringement of his rights.

4. before taking a decision on the complaint to refuse recognition of forced migrant complainant, enjoys the rights provided for by subparagraphs 4 and 5 of paragraph 1 of article 4 of this law.
T s t b I 9. Loss and deprivation forced migrant status 1. The person loses the status of forced migrant if termination of citizenship of the Russian Federation.
2. a person also loses the status of forced migrant: 1) when leaving for permanent residence outside the territory of the Russian Federation;
2) in connection with the expiration of the eligibility in accordance with paragraph 4 of article 5 of this law.
3. Federal Migration Service or territorial migration service denies a person the status of forced migrant if it: 1) convicted pursuant to an enforceable court judgement of an offence;
2) intentionally reported false information or knowingly tendered false documents which were the basis for forced migrant.
4. notification of deprivation of persons forced migrant status with reasons and order of the appeal shall be sent to that person within five days from the date of adoption of the decision.
5. in case of loss of forced migrant status or in case of deprivation of persons forced migrant status of forced migrant identity and void the relevant migration service body.
6. in case of loss of forced migrant status or in case of deprivation of persons forced migrant status, this person is obliged to vacate the premises, the allotted Housing Fund for the temporary settlement of internally displaced persons.
Deprivation of persons forced migrant status in connection with the communication of false information to them or in connection with the presentation of them wittingly false documents is grounds to reclaim money spent on travel, baggage allowance, content and arrangement of this person.
7. a person who has lost the status of forced migrant in connection with expiry of the term thereof, reserves the right to claim compensation for lost property in accordance with paragraph 4 of article 7 of this law.
T s t b I 10. The basic directions of work of the federal migration service and the territorial bodies of the State migration service with displaced 1. Major components of the federal migration service and the territorial authority of migration services include receiving internally displaced persons internally displaced persons forced migrant status, record-keeping, internally displaced persons, assist them in settling and comprehensive support for them within the limits of their authority.
2. Federal Migration Service coordinates the activities of the federal bodies of executive power on the problems of the internally displaced.
T s t b I 11. Housing Fund for the temporary settlement of internally displaced persons 1. Housing Fund for the temporary settlement of internally displaced persons (hereinafter referred to as the Fund) is intended for internally displaced persons during the period of validity of the forced migrant status. Housing Fund include houses, apartments, dorms, and other accommodations.
2. construction (purchase) accommodation for temporary shelter, their operation and proper use are carried out in accordance with the procedure determined by the Government of the Russian Federation.
The use of the premises leased by the territorial body of the State migration service for temporary settlement is effected on the basis of the lease with the property owner.
3. Housing Fund from the federal budget as well as funds from other sources.
Housing Fund, except for the rental is federal property and is in the operational management of migration services.
Living space of housing can be passed into the ownership of local authorities with securing the territorial body of the State migration service law settling its internally displaced persons on the basis of the Treaty.
4. Premises of housing is granted forced migrant family in the order of priority established by the territorial body of the State migration service.
5. Premises of Housing Fund is not subject to privatization, Exchange, reservation, delivery of cracks, lease or sublease. Person living in specified premises, not permitted section of his living space and occupancy tenants without the authorization of the territorial authority of the migration service.
T s t b I 12. Sources of funding for the reception and resettlement of internally displaced persons 1. Sources of financing costs, travel, accommodation and resettlement of persons applying for forced migrant status, and internally displaced persons are the federal budget funds allocated for the implementation of federal migration programmes, as well as the budgets of the constituent entities of the Russian Federation on implementation of regional migration programmes.

2. Constituent entity of the Russian Federation, whose territory had left those found internally displaced, compensates the costs at the reception and resettlement of these persons in accordance with the procedure determined by the Government of the Russian Federation.
3. reimbursement to the reception and resettlement of internally displaced persons from foreign States shall be carried out in accordance with international treaties of the Russian Federation.
4. Additional sources of financing could be earmarked allocations from the Reserve Fund of the Government of the Russian Federation, donations from individuals and legal entities, as well as funds received from foreign Governments, international and intergovernmental organizations. T s t b I 13. Interaction of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government and public associations for assistance to internally displaced persons 1. Federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation and local government authorities within their powers, in accordance with the legislation of the Russian Federation shall ensure respect for the rights and legitimate interests of public associations dealing with internally displaced persons, providing support to them in settlement activities and in solving employment problems of internally displaced persons. Support can take the form of targeted financing of some social programs on request public associations (State grants); any kinds of contracts; social order for the various State programmes on a competitive basis.
2. Voluntary associations providing assistance to internally displaced persons, with their consent, may be involved in the formulation of proposals on the main directions of the State policy in the field of forced migration, as well as to develop a compact arrangement and employment projects for internally displaced persons.
3. Matters affecting the interests of public associations in the cases provided for by this law shall be decided by the bodies of State power and bodies of local self-government, in agreement with the associations.
4. Monitoring of the activities of public associations, assisting internally displaced persons, in accordance with the legislation of the Russian Federation.
T s t b I 14. International cooperation on internally displaced persons 1. The Russian Federation concludes treaties with foreign States on internally displaced persons arriving in the Russian Federation of these States, including international treaties in the field of protection of social, economic and other rights, as well as to protect the legitimate interests of internally displaced persons, taking into account the public interests of the Russian Federation.
2. If an international treaty of the Russian Federation stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
T s t b I 15. Liability for violation of this law persons guilty of violating this law bear responsibility stipulated by the legislation of the Russian Federation. "
Article 2. This federal law shall enter into force on the day of its official publication.
Article 3. Validity status of internally displaced persons who before the entry into force of this federal law, shall run from the date of acceptance of their internally displaced populations.
Article 4. The President of the Russian Federation and to entrust the Government of the Russian Federation to bring their legal acts issued in accordance with this federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin December 20, 1995 N 202-FZ