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Amending The Code Of The Russian Federation On Administrative Offences (As Part Of The Strengthening Of Responsibility For Violation Of The Order From Employment In The Russian Federation, Foreign Citizens And Persons Without Citizenship)

Original Language Title: О внесении изменений в Кодекс Российской Федерации об административных правонарушениях (в части усиления ответственности за нарушение порядка привлечения к трудовой деятельности в Российской Федерации иностранных граждан и лиц без гражданства)

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Code of the Russian Federation on Administrative Offences (in terms of reinforcing accountability for violation Russian Federation State Duma adopted on 20 October 2006 approved by the Federation Council 27 October 2006 Article 1 Commit to Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 19, st. 1838; N 31, est. 3229; N 34, st. 3529, 3533; N 44, sect. 4,266; 2005, N 1, est. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1077; N 19, est. 1752; N 25, est. 2431; N 27, est. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; N 52, sect. 5574; 2006, N 1, st. 4, 10; N 2, est. 172; N 6, est. 636; N 10, sect. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 3428, 3452), the following changes: (1) in the second paragraph of article 3.5 of article 3.5, the words "rules for the engagement and use in the Russian Federation of foreign workers imposed on officials and legal entities" should be replaced by " In the Russian Federation, foreign nationals and stateless persons (including foreign workers) may be employed in the Russian Federation ", after the words" but may not exceed "by the words" for citizens of the 50 minimum wage, " to replace the word "five hundred" with the words "five thousand" with the words "five hundred" "ten thousand"; 2) paragraph 1 of Article 3.12, supplemented by the words ", in the area of statutory limitations on foreign nationals, stateless persons and foreign organizations established under the federal law". Implementation of certain activities, in the field of rules for attracting foreign nationals and stateless persons to work carried out in trade facilities (including trading complexes); 3) Part 1 of Article 4.5 after the words "and financing of terrorism," to be supplemented by the words " as well as for the violation of immigration OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4) Art. 18.1, add the following note: " P and m e h a and e. For the administrative offences referred to in this article and other articles of this chapter, persons carrying out business activities without the entity of a legal entity shall be liable for the performance of these activities. administrative liability as legal entities, except if the relevant articles of this Chapter establish special rules on the administrative liability of persons carrying out business activities without of a legal entity other than that of the administrative liability of legal persons. "; 5) in article 18.8: (a) the name after" stateless "is supplemented by the words" the rules of entry into the Russian Federation or "; b) in the first paragraph: Replace "Violation" with " 1. Violation: the words "the regime of stay (residence) in the Russian Federation, in violation of established rules of entry into the Russian Federation or in the absence of documents confirming the right to stay in the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Their loss to the relevant authority or the default on the notification of confirmation of their residence in the Russian Federation in the cases established by federal law and the evasion of departure from the Russian Federation after the expiry of For a certain period of stay-"; in), in the second word" from ten to fifteen ", replace the words" from twenty to fifty "; ) to be supplemented by Part 2, reading: " 2. Violation by a foreign national or stateless person of the rules of entry into the Russian Federation or the regime of stay (residence) in the Russian Federation, which is inconsistent with the stated purpose of entry into the Russian Federation In the Russian Federation, activities or occupations in the Russian Federation are subject to an administrative fine of between 20 and 50 times the minimum wage and administrative expenses. Expulsion outside or without the Russian Federation. "; 6) in article 18.9: (a) In the name of the word "permanent resident in the Russian Federation a foreign national", replace the words "permanently resident in the Russian Federation by a foreign national or a stateless person"; b) in Part 1: in the first paragraph of the words "their registration," delete, after "change of place", add "or"; in the second word "from twenty-five to hundred", replace "four hundred and five hundred" with the words " from a hundred to three thousand "to be replaced by the words" from 4,000 to 5,000 "; In Part 2: in the first word "permanently resident in the Russian Federation", replace the words "permanently resident in the Russian Federation by a foreign national or a stateless person", the words "in a timely registration and" to replace the word "timely"; in the second paragraph of the second word "from five to twenty" to read "from twenty to forty"; g) in second part 3 of the word "from ten to twenty" to read " from twenty to forty ", the words" from twenty to fifty "were replaced by the words" from two hundred 50 to three hundred ", the words" from 100 to 500 "should be replaced by the words" from two thousand five hundred and three thousand "; d) to be supplemented with Part 4, reading: " 4. The failure of the receiving party to carry out migration accounting obligations- entails the imposition of an administrative fine on citizens of between 20 and 40 times the minimum wage; and officials Four hundred and five hundred times the minimum wage; legal entities-from 4,000 to 5,000 minimum wage levels. "; e) to be supplemented by a note reading: " P and m e et e e. In case of a breach by an official of an organization that accepts a foreign national or stateless person in the Russian Federation, or a citizen of the Russian Federation or permanent resident of the Russian Federation a foreign national or A person without citizenship of the rules of stay (residence) in the Russian Federation of foreign citizens and stateless persons in respect of two or more foreign nationals and (or) stateless persons, administrative liability established by of this article, is to be followed in respect of each foreign national or stateless persons separately. "; 7) article 18.10, as follows: " Article 18.10. Illegal execution of foreign by a citizen or stateless person of work in the Russian Federation Implementation by a foreign national or a stateless person The Russian Federation, without a work permit, if such permission is required under federal law, is subject to an administrative fine of between 20 and 50 times the minimum wage Administrative expulsion from or without the Russian Federation. "; 8) in article 18.11: (a) in the second part of Part 1, the words "from five to twenty-five" should be replaced by "from twenty to forty"; b) in the second part of the word "from five to twenty-five" should be replaced with the words "of twenty-five". to forty ", the words" from twenty-five to fifty "to read" from four hundred to five hundred ", the words" from two hundred to one thousand "were replaced by the words" from 4,000 to 5,000 "; 9) in the second paragraph of article 18.12, the words" from five to twenty " Replace "20 to 40"; 10) in article 18.13: (a) In the second part of Part 1, the words "to twenty-five" were replaced by the words "forty to fifty", the words "from three hundred and fifty to four hundred", the words "from four hundred to five hundred" were replaced by the words "from four thousand to five thousand"; b) in the second part of 2, the words "from twenty to thirty" should be replaced by the words "from four hundred and fifty to five hundred", the words "from two hundred to three hundred" to read "from 7,000 to eight thousand"; 11) to supplement chapter 18 with articles 18.15-18.17 reading: " Article 18.15. Illegal recruitment of a foreign citizen or stateless person in the Russian Federation 1. Employment in the Russian Federation of a foreign national or stateless person in the absence of a foreign national or a stateless person in the absence of a work permit, if such permission is required by Federal law,- shall impose an administrative fine on citizens of between 20 and 50 times the minimum wage; officials-from two hundred and fifty to five hundred minimum wages; Legal entities-from 2,000 to 8,000 minimum wage levels or the administrative suspension of activities for a period of up to 90 days. 2. Employment in the Russian Federation of a foreign national or stateless person without obtaining, in accordance with the established procedure, authorization to attract and use foreign workers, if such permission is required by in accordance with federal law,- shall impose an administrative fine on citizens of between twenty and fifty times the minimum wage; officials-from two hundred and fifty to five hundred minimum wages; legal entities-from 2,000 to 8,000 minimum The amount of the wage or the administrative suspension of the activity for a period of up to 90 days. 3. Failure to notify the territorial body of the federal executive authority responsible for exercising supervisory and supervisory functions in the field of migration, the executive branch responsible for the employment of the population in question OF THE PRESIDENT OF THE RUSSIAN FEDERATION entails an administrative fine for citizens in the amount of 20 to fifty times the minimum wage; officials-from three hundred and fifty to five hundred from the minimum wage; for legal persons-from 4,000 to 8,000 minimum wages or administrative expenses Suspension of activities for a period of up to 90 days. P and m e h and I: 1. For the purposes of this article, a foreign citizen or stateless person understands the admission of a foreign citizen or stateless person in any form to perform work or to provide services or other employment. A foreign national or stateless person. 2. In the case of illegal employment in the Russian Federation of two or more foreign nationals and (or) stateless persons, the administrative liability established by this article is incurred for violation of the rules of engagement. The work of foreign nationals and stateless persons (including foreign workers) in the Russian Federation with respect to each foreign national or stateless person. Article 18.16. Violation of the rules for attracting foreign nationals and stateless persons to work, in trade facilities (including in trade complexes) 1. Violation of the rules for attracting foreign nationals and stateless persons to work carried out in trade facilities (including in trade complexes) through the provision of a person carrying out a business activity without the formation of a legal entity, a legal entity, its branch or office, the management of a trading facility (including a commercial complex), or an official of the said legal entity, branch or office or other by a legal person or an officer or other person, business without legal entity, trade place in the territory of the trading facility (including trade complex), production, storage, trade, office, secondary or other premises to a foreign national or stateless person who is unlawfully involved in the work carried out at a trade facility (including in a trade complex) or in extradition to a foreign national or stateless person, illegally on the carrying out of such activities, authorizations for its implementation or admission to other forms of activity,- entails the imposition of an administrative fine on officials in the amount of four hundred and fifty to five hundred from the minimum wage; for those who do business Activities without legal entity-from 3,000 to 8,000 minimum wages or administrative suspension of activities for up to 90 days; legal entities-from four thousand five hundred to 8,000 minimum wage or administrative Suspension of activities for a period of up to 90 days. 2. Providing a person who does business without the entity of a legal entity, a legal entity, its branch or office, a trading facility (including a commercial complex) or an official The legal entity, the branch or representation of the trade place in the territory of the trading facility (including the trade complex), production, storage, commercial, service, supply or other premises to another legal entity or another person carrying out business activities without the education of a legal person who does not have permission to attract and use foreign workers, but in fact employ foreign workers or who engage foreign citizens or persons without of nationality without a work permit, if such permission is required under federal law,- shall impose an administrative fine on officials of between four hundred and fifty to five hundred minimum the amount of remuneration; for persons carrying out business activities Without education of a legal person-from three thousand five hundred to eight thousand minimum wages or administrative suspension of activity for up to 90 days; legal persons-from 4,000 to eight thousand The minimum wage or the administrative suspension of activity for a period of up to 90 days. Article 18.17: Non-compliance with the federal law against foreign citizens, stateless persons and foreign organizations of restrictions for the implementation of certain species Activities 1. Non-compliance by the employer or employer of the work (services) established under the federal law against foreign citizens and stateless persons with restrictions on the exercise of certain activities- entails an imposition Administrative fine for citizens of between 20 and forty times the minimum wage; for officials-from four hundred and fifty to five hundred minimum wages; legal entities-from 8,000 to 10 thousand minimum wage or administrative suspension for up to 90 days. 2. Non-compliance by a foreign national or stateless person in accordance with the federal law against foreign citizens and stateless persons with restrictions on the exercise of certain activities- The imposition of an administrative fine of between 20 and 50 times the minimum wage, with administrative expulsion from or without the Russian Federation. 3. Non-compliance with a foreign legal entity, its branch office or the representation of the restrictions imposed under the federal law against foreign organizations for the implementation of certain activities- The imposition of an administrative fine of between eight thousand and ten thousand minimum wages or administrative suspension of activity for a period of up to 90 days. "; 12), Chapter 19 is supplemented by Article 19.27 content: " Article 19.27. Presenting false information when implementing migration accounting 1. The submission of false information or forged documents by a foreign citizen or a stateless person in the context of the migration management is punishable by an administrative fine of between 20 and 50. The minimum wage with administrative expulsion from or without the Russian Federation. 2. The submission of false information about a foreign citizen or a stateless person or a false document by the receiving party- results in the imposition of an administrative fine on citizens in the context of immigration records From twenty to fifty times the minimum wage; officials range from three hundred and fifty to five hundred from the minimum wage; for legal persons, from three thousand five hundred to eight thousand minimum wages. "; 13) in Article 23.1: a) in Part 1, "18.10" is replaced with digits "18.11"; b), part 2, after "18.8," add "18.10, 18.15-18.17,", read "articles 19.24," to read "article 19.24, article 19.27, article 19.27, article 19.27"; 14) in article 23.67: (a) in Part 1 "18.8, 18.9," replace "18.8-18.10, 18.15-18.17,", after "19.18" with ", 19.27"; b), Part 2 should read: " 2. To deal with administrative offences on behalf of the authorities referred to in Part 1 of this Article, to the right: 1) the head of the federal executive authority responsible for exercising control and supervision In the area of migration, its deputies; (2) the heads of the territorial bodies of the said federal executive authority, their deputies; 3) the heads of the structural subdivisions of the territorial bodies of the federal executive branch, their deputies. "; (15) Paragraph 1 of article 27.16, first part, of article 27.16, after the words "the quality of the environment", should be supplemented by the words "in order to eliminate the violations committed involving the illegal employment of a foreign national in the Russian Federation"; Persons without citizenship or in breach of federal law against foreign nationals, stateless persons and foreign organizations, restrictions on the exercise of certain activities or in violation of regulations Employment of foreign nationals and stateless persons Trade facilities (including trade complexes), "; 16) in article 28.3, paragraph 2: (a) in paragraph 1 of the figure" 18.8-18.12 "should be replaced with" 18.8, 18.9, 18.11, 18.12 "; b) in paragraph 15 "18.10" should be replaced by "18.11"; 17) in article 32.9, paragraph 2, by "article 18.8, article 18.10, paragraph 2, article 18.11" by "articles 18.8, 18.10, 18.11, article 18.11, paragraph 2, article 18.17, paragraph 1 of article 18.17". Article 2 1. This Federal Act shall enter into force on the date of its official publication, with the exception of the third indent of paragraph 5, subparagraph (d) of paragraph 6, paragraphs 7 and 8 of paragraph 11 and article 1, paragraph 12, of this Federal Act. 2. Paragraph 5, subparagraph 3 (b), paragraph 5, paragraph 6, paragraph 6, paragraphs 7 and 8 of paragraph 11, and article 1, paragraph 12, of this Federal Act shall enter into force on 15 January 2007. President of the Russian Federation Vladimir Putin Moscow, Kremlin November 5, 2006 N 189-FZ