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"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law Russian Federation "On Internally Displaced Persons" Adopted by the State Duma on 22 November 1995 Approved by the Federation Council on 9 December 1995 Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1993, No. 427), in the following wording: " ZCOIN of the Russian Federation On internally displaced persons This Act defines the status of internally displaced persons, establishes economic, social and legal rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION C t I am 1. Definition of forced displacement 1. A forced resettlist is a citizen of the Russian Federation who has left the place of residence because of the violence or persecution of his or his family members in other forms or because of the real risk of persecution of racial or national affiliation, religion, language, or membership of a particular social group or political opinion that has become an occasion for hostile campaigns against a particular person or Groups of persons, mass disturbances of public order. 2. Under the circumstances provided for in paragraph 1 of this article, the internally displaced person is recognized: 1) a citizen of the Russian Federation who is forced to leave the place of residence in the territory of a foreign State and arrives in the territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The displaced person is also recognized as a foreign national or stateless person permanently resident in the territory of the Russian Federation and who has changed his/her place of residence within the territory of the Russian Federation. under paragraph 1 of this article. 4. A citizen of the former USSR who was permanently resident in the territory of the former USSR who was granted refugee status in the Russian Federation and lost that status in connection with the acquisition of citizenship was also recognized as a displaced person OF THE PRESIDENT OF THE RUSSIAN FEDERATION C, I am 2. A person who cannot be recognized internally displaced 1. 1) has committed a crime against peace, humanity or another serious crime, recognized as such by the laws of the Russian Federation; 2), which has not applied Respectable reasons for the application for recognition by the internally displaced person within twelve months from the date of departure from the place of residence or within one month after the loss of the refugee status in connection with the acquisition of Russian citizenship; 3) who have left the place of residence for economic reasons, or as a result of famine, epidemic or emergency situations of natural and technological nature. C but I am 3. The procedure for registering the application for recognition internally displaced person 1. A person who has left the place of residence under the circumstances provided for in article 1, paragraph 1, of this Law, and applying for recognition by the internally displaced person, must apply for personal or personal reasons. Recognition of his internally displaced person (hereinafter referred to as the application) to the territorial body of the migration service at the place of his/her new stay. 2. A person claiming to be internally displaced shall have the right to apply to the Federal Migration Service or the territorial body of the migration service at the place of the alleged relocation or to leave the place of residence Representatives of the MFA of the Russian Federation to the constituent entities of the Federation Estimated resettlement. 3. The decision on the registration of the application is taken by the territorial body of the migration service within three days from the date of receipt of the application. With the emergency mass flow into the territory of the Russian Federation of persons who have left their place of residence under the circumstances referred to in article 1, paragraph 1, of this Law, the admission of persons shall be made in accordance with the procedure determined by the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Registration of these persons is effected without delay. 4. If the registration of the application is favourably received, a certificate is issued or sent to each person claiming to be internally displaced. The information about family members who have not reached the age of 18 is recorded in the certificate of one of the parents. The Government of the Russian Federation determines the form of the certificate and the procedure for its extradition. The certificate is the basis for granting the person the rights and the assignment of duties under this Act. 5. In the event that a person claiming to be an internally displaced person is denied registration of the application, within five days from the date of the decision, a notice shall be given or sent in writing, indicating reasons for refusal and order Appeals against the decision taken. 6. The applications of citizens of the former USSR who arrived in the Russian Federation under the circumstances provided for in article 1, paragraph 1, of this Law and who have not applied in accordance with the procedure established by the legislation of the Russian Federation are not subject to registration. OF THE PRESIDENT OF THE RUSSIAN FEDERATION C t I am 4. The rights and obligations of the person who received the registration certificate of the application on the recognition of his internally displaced person 1. The person receiving the certificate of application and the family members who have not reached the age of eighteen years shall have the right to: 1) the lump-sum cash benefit for every member of the family, in order and in size, OF THE PRESIDENT OF THE RUSSIAN FEDERATION temporary accommodation of internally displaced persons in the absence of The independent determination of the place of residence or the place of stay in the territory of the Russian Federation; 3) to facilitate their passage and baggage transportation to a temporary settlement in a manner determined by the Government of the Russian Federation. THE RUSSIAN FEDERATION At the same time, a single pensioner, a single person with disabilities, a family consisting only of pensioners and (or) persons with disabilities, a single parent (in loco parentis) with a child or children under the age of eighteen, a large family with three children, and Children under the age of 18 years) who have received certificates of application are entitled to free passage and baggage allowance from the place of registration of the application to the temporary settlement in the territory of the Russian Federation; (4) Accommodation at the temporary accommodation centre for internally displaced persons, To obtain food according to the established norms and utility services in accordance with the procedure determined by the Government of the Russian Federation until the issue of recognition of their internally displaced persons is resolved; 5) free of charge Medical and medicinal assistance in State and municipal health care institutions in accordance with the legislation of the Russian Federation. 2. The person who received the certificate of registration and the family members who had not reached the age of 18 were required to: 1) stay at the temporary accommodation centre for internally displaced persons The order of residence; (2) to undergo a compulsory medical examination; 3) to report to the Federal Migration Service and the Migration Service's territorial authority the correct information necessary for the decision to be taken Providing them with the status of internally displaced persons. C but I am 5. The order of the decision to recognize the person internally displaced 1. The recognition of an internally displaced person is carried out in accordance with this Law. 2. The decision to recognize a person internally displaced is taken by the appropriate territorial unit of the migration service within three months from the date of registration of the application, irrespective of the person's ability to settle in the area on its own. The territorial body of the migration service shall, within five days from the date of the decision, issue or send a written notification of the outcome of the application. The decision to recognize a person as an internally displaced person is the basis for granting him the guarantees established by this Act, federal laws and other regulatory legal acts of the Russian Federation, as well as by laws and regulations. Other normative legal acts of the constituent entities of the Russian Federation. 3. A person recognized as internally displaced shall be issued with a certificate. The identity of the internally displaced persons who have not reached the age of eighteen years shall be recorded in the identity card of one of the parents. The Government of the Russian Federation determines the form of the internally displaced person's certificate and the procedure for its issuance. The certificate is valid throughout the territory of the Russian Federation. 4. The status of internally displaced persons is five years. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local authorities shall, within the limits of their powers, take the measures provided for in article 7 of this Law, to ensure the establishment of of the displaced persons and members of his family in the new place of residence in the territory of the Russian Federation. If there are circumstances preventing the internally displaced person from settling in the new place of residence, the period of validity of his status is extended by the territorial authority of the migration service for each subsequent year upon application Internally displaced persons. C t I am 6. Rights and duties of internally displaced persons 1. The displaced resident has the right: 1) to choose his own place of residence on the territory of the Russian Federation, including in one of the settlements offered to him by the territorial body of the migration service. The displaced person may, in accordance with established procedure, reside with relatives or other persons, subject to their consent to live together, regardless of the size of the family or other persons living in the living area; " (2) In the absence of the possibility of independent determination of their new place of residence in the territory of the Russian Federation, obtain from the federal authority of the migration service or of the territorial authority of the migration service in the order determined by THE RUSSIAN FEDERATION Temporary accommodation of internally displaced persons or residential accommodation for temporary settlement of internally displaced persons; 3) to facilitate their passage and baggage transportation to a new place of residence or to OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, a single pensioner, a single person with disabilities, a family consisting only of pensioners and (or) persons with disabilities, a single parent (in loco parentis) with a child or children under the age of eighteen, a large family with three children, and Children under the age of 18) are entitled to free passage and baggage allowance from the place of temporary settlement to a new place of residence or to a place of stay in the territory of the Russian Federation. 2. The displaced person is obliged to: 1) comply with the Constitution of the Russian Federation and the laws; 2) comply with the established order of accommodation in the temporary accommodation centre for internally displaced persons and housing from the housing stock The temporary settlement of internally displaced persons; 3), when the place of residence is changed prior to departure from the territorial unit of the migration service, and within one month to register with the territorial unit of the migration service; 4) to undergo an annual recounting within the deadlines set by the the territorial organ of the migration service. 3. The displaced person shall lose the right to reside in a housing accommodation facility for the temporary settlement of the internally displaced persons (acquisition) upon receipt (acquisition) of other housing, or at the end of the construction of individual housing, in the case of loss or In case of deprivation of the status of a displaced person, and in the event that he is absent without good cause for more than six months. C t I am 7. Powers of the federal executive power, the executive branch of the constituent entities of the Russian Federation and the local authorities of the internally displaced persons 1. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local authorities within the limits of their authority: 1) grant the internally displaced persons a full list of inhabited localities. "Recommended for permanent residence" and information on living conditions and employment opportunities in these settlements; 2) include internally displaced persons in accordance with the housing legislation of the Russian Federation. Federations to the list of citizens for housing, construction (acquisition) which is being implemented at the expense of the federal budget, the budget of the federal subject of the Russian Federation and the funds of the local budget regardless of the period of residence in the area; 3) provide assistance to the internally displaced persons housing cooperative, assistance in individual housing construction, including the provision (acquisition) of land and purchase of building materials; 4) provide internally displaced persons in need of improvement of living conditions, grants for construction (purchase) housing under Russian legislation; 5) assist internally displaced persons in the organization of compact settlements on the territory of the Russian Federation, in the construction of housing and engineering, Social infrastructure and jobs in compact settlements; 6) provide IDPs with benefits in the event of employment in rural areas established by the legislation of the Russian Federation and OF THE PRESIDENT OF THE RUSSIAN FEDERATION In accordance with the legislation of the Russian Federation, a person who is a single person with a living or disabled person is unable to provide assistance and care, in accordance with the legislation of the Russian Federation The premises of the Municipal Housing Fund for Social Use for the Elderly and Persons with Disabilities; 8) give priority to a internally displaced person (aged or disabled) who is in need of Constant care, a place in the social protection institution; 9) assist in the organization of children of internally displaced persons in State or municipal pre-school and educational institutions, the establishment of primary vocational education and in the transfer of them as a priority Procedure in the appropriate institutions of secondary vocational and higher professional education on the ground, funded from the corresponding budget; 10) consider written submissions and responded to them in writing, in order and in writing, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The federal executive authorities, the executive bodies of the constituent entities of the Russian Federation, within the limits of their powers: 1) promote the realization of the rights of the displaced persons to employment and vocational training. (retraining) and advanced training in accordance with the legislation of the Russian Federation; (2) registers a displaced person as unemployed if he cannot be employed in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION The territory of the Russian Federation; 3) shall assist the internally displaced person, upon his request, in obtaining documents necessary for the restoration of employment, in accordance with the legislation of the Russian Federation; 4) provide internally displaced children, orphans and children left without parental care, places in children's homes; 5) assist internally displaced persons, upon request, to return to their previous place of residence. 3. The territorial bodies of the migration service, in the manner determined by the Government of the Russian Federation: 1), provide internally displaced persons and members of his family, including those living in temporary accommodation centres -Resettled households, housing from the housing stock for temporary settlement of internally displaced persons; (2) provide the displaced family with a long-term, interest-free repayable loan for the construction (acquisition) of housing. The amount of the loan is determined by the Government of the Russian Federation; 3) participate in the financing of construction (acquisition) and the allocation of housing for the permanent residence of the internally displaced persons. The construction (acquisition) of these housing units is carried out at the expense of the federal budget, as well as funds from other sources, including the personal savings of internally displaced persons. 4. The federal executive authorities and the executive authorities of the constituent entities of the Russian Federation, within the limits of their powers, assist the internally displaced persons in: (1) returning his or her left in the territory of the Russian Federation. The Federation of Property in its Property. Compensation is paid if the property is not returned to the internally displaced person. The conditions and procedures for the return of property, as well as payment of compensation, are determined by the Government of the Russian Federation; (2) in accordance with the international agreements of the Russian Federation for the transport of property in its territory property in the territory of a foreign State. In the absence of the return of property, the internally displaced persons shall be compensated in accordance with the international agreements of the Russian Federation and the normative legal acts of the Russian Federation. 5. State authorities of the constituent entities of the Russian Federation responsible for forced migration within the territory under article 1, paragraph 1, of this Act, together with the federal authorities The authorities are taking steps to address the causes of forced migration. C but I am 8. Guarantees of the rights of an applicant for recognition of his internally displaced person and internally displaced 1. A forced migrant cannot be returned against his will to the territory (in a builtup area) which he has left under the circumstances provided for in article 1, paragraph 1, of this Law. The forced migrant cannot be relocated without his or her consent to another settlement. 2. The decisions and actions (inaction) of the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the local self-government bodies and officials of these bodies pursuant to this Act may be The right to appeal to a higher authority or to a court. 3. The time limit for filing a complaint shall not exceed: one month from the date of receipt by the citizen of a notice in writing of the decision taken or from the day of the expiry of the period of time after the submission of the complaint, if the citizen has not received a reply in writing; three months from the date on which the citizen became aware of the violation of his right. 4. Before a decision is taken on a complaint of refusal to recognize a displaced person, the complainant enjoys the rights set out in article 4, paragraphs 4 and 5, of this Law. C t I am 9. Loss and dispossession of internally displaced persons 1. The person shall lose the status of internally displaced persons upon the termination of the citizenship of the Russian Federation. 2. The person also loses the status of the internally displaced person: 1) when leaving for permanent residence outside the territory of the Russian Federation; 2) due to the expiry of the period of granting of status in accordance with paragraph 4 of the article 5 of this Law. 3. The Federal Migration Service or the territorial body of the migration service deprives the person of the status of an internally displaced person if it: 1) is convicted of a court sentence that has entered into force; 2) intentionally gave false information or provided false documents that served as the basis for the recognition of his internally displaced person. 4. The notification of the deprivation of a person's status as an internally displaced person, together with reasons and appeals, shall be sent to the person within five days from the date of the decision. 5. In case of loss of a person's status as a displaced person or in the event of deprivation of a person's status as an internally displaced person, the identity of the internally displaced person shall be declared null and void by the competent authority of the migration service. 6. In the event of the loss of a person's status as a displaced person or in the event of deprivation of a person's status as an internally displaced person, the person is obliged to vacate the accommodation provided to him from the housing fund for the temporary settlement of internally displaced persons. The withdrawal of a person from the status of an internally displaced person in connection with false information or in connection with the presentation of false documents is the basis for claiming travel, baggage allowance, The content and arrangement of the person. 7. A person who has lost the status of an internally displaced person in connection with the expiry of his or her period of eligibility shall retain the right to compensation for the loss of property in accordance with article 7, paragraph 4, of this Law. C t I am 10. The main directions of the work of the Federal Migration Service and the territorial migration service agencies with internally displaced persons 1. The main areas of work of the Federal Migration Service and the territorial bodies of the migration service with internally displaced persons include the resettlement of internally displaced persons, the granting of the status of internally displaced persons, and the maintenance of records. assistance in the development and full support of internally displaced persons within the limits of their authority. 2. The Federal Migration Service coordinates the activities of the federal executive authorities on internally displaced persons. C t I am 11. Shelter Fund for temporary settlement of internally displaced persons 1. The housing fund for temporary settlement of internally displaced persons (hereinafter-the housing fund) is intended for the residence of internally displaced persons during the period of the status of the internally displaced person. The housing stock includes houses, apartments, dormitories and other living quarters. 2. The construction (acquisition) of temporary settlements, their exploitation and the use of temporary settlements are carried out in the manner determined by the Government of the Russian Federation. The use of premises rented by the local migration office for the temporary settlement is based on the lease agreement with the owner of the property. 3. The Housing Fund is being established at the expense of the federal budget, as well as funds from other sources. The Housing Fund, except for rental, is a federal property and is in the operational department of the migration service. Accommodation from the housing stock can be transferred to the local self-government units with the preservation of the right of settlement by internally displaced persons by the territorial authority of the migration service on the basis of a contract. 4. Accommodation from the housing stock is provided to the family of internally displaced persons in the order of priority established by the territorial body of the migration service. 5. Accommodation from the housing stock is not subject to privatization, exchange, booking, lease, hire or sublease. A person living in a specified dwelling is not allowed to occupy the dwelling he occupies and to settle the temporary tenants without the permission of the territorial body of the migration service. C t I am 12. { \cs6\f1\cf6\lang1024 } Settlement of { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } The sources of funding for the reception, travel, accommodation and resettlement of persons applying for the status of internally displaced persons and internally displaced persons are the funds of the federal budget allocated for implementation Federal migration programs, as well as funds of the budgets of the constituent entities of the Russian Federation for the implementation of regional migration programs. 2. The constituent entity of the Russian Federation, whose territory has been abandoned by internally displaced persons, shall compensate the costs of the reception and development of these persons in the manner determined by the Government of the Russian Federation. 3. Reimbursement for the accommodation and resettlement of internally displaced persons from foreign States shall be made in accordance with the international treaties of the Russian Federation. 4. Additional sources of funding may be earmarked from the Government reserve fund, voluntary contributions from natural and legal persons, as well as funds received from foreign States, international and intergovernmental organizations. I'm 13. Interaction between the federal executive authorities, the authorities of the constituent entities of the Russian Federation and the local self-government bodies with voluntary associations assistance to internally displaced persons 1. The federal executive authorities, the executive authorities of the constituent entities of the Russian Federation and the local self-government bodies within the limits of their powers in accordance with the legislation of the Russian Federation ensure respect for the rights and The legal interests of voluntary associations dealing with the problems of internally displaced persons provide them with support in the settlement activities and in solving problems of employment of internally displaced persons. Support may be provided in the form of targeted financing of selected public utility programmes (public grants); the conclusion of any type of contract; and social order for the execution of various types of contracts Public programmes on a competitive basis. 2. Voluntary associations assisting internally displaced persons, with their consent, may be involved in the development of proposals for the main areas of State policy on forced migration, as well as the development of compact projects Installation and employment of internally displaced persons. 3. Matters affecting the interests of voluntary associations in the cases provided for in this Act shall be decided by the public authorities and the local self-government bodies in consultation with the voluntary associations. 4. The activities of voluntary associations assisting internally displaced persons are monitored in accordance with the legislation of the Russian Federation. C and I am 14. International cooperation on internally displaced persons 1. The Russian Federation is concluding with foreign States international treaties on the problems of internally displaced persons coming to the Russian Federation from these States, including international instruments for the protection of social, economic and social rights. and the protection of the legitimate interests of internally displaced persons, taking into account the State interests of the Russian Federation. 2. If an international treaty to which the Russian Federation is a party establishes rules other than those contained in this Act, the rules of the international treaty shall apply. C t I am 15. Liability for violation of this Law Persons guilty of violation of this Law shall be liable under the laws of the Russian Federation. ". Article 2. This Federal Act shall enter into force on the date of its official publication. Article 3. The status of persons recognized as internally displaced prior to the entry into force of this Federal Law shall be calculated on the date of recognition of their internally displaced persons. Article 4. Invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring their legal acts into conformity with this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 20 December 1995 N 202-FZ