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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Ratification Of The Protocol On The Accession Of The Russian Federation To The Marrakesh Agreement Establishing The World Trade Organ...

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О ратификации Протокола о присоединении Российской Федерации к Марракешскому соглашению об учреждении Всемирной торговой организации...

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation in connection with the adoption of Federal Law " On ratification of the Protocol of the Russian Federation's accession to the Marrakesh Agreement on the Establishment of the World Trade Organization, dated 15 April 1994. Adopted by the State Duma on December 17, 2013 Approved by the Federation Council on 25 December 2013 (In the wording of the Federal Law dated 24.11.2014. N 357-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4029; 2003, N 2, est. 159; 2006, N 31, sect. 3420; 2008, N 30, sect. 3616; 2009, N 52, stop. 6450; 2010, N 11, 100. 1173; N 21, est. 2524; N 31, st. 4196; N 52, sect. 7000; 2011, N 13, est. 1689; N 17, sect. 2321; 2012, N 47, sect. 6398; N 53, sect. 7628; 2013, N 27, sect. 3477; N 30, est. 4036) The following changes: 1) in Part 1 (1) of Article 25: (a) in paragraph 12 of the word "subsidiaries of foreign legal entities" should be replaced with the words "foreign commercial organizations"; b) to add the following new paragraph to the fourteenth paragraph: " (e) Missions of foreign commercial organizations to be notified to the Federal Executive Office of the Commissioner for Implementation the monitoring and oversight functions in the field of migration, or its territorial authority, In the event of an invitation by these missions of foreign nationals to carry out work in the Russian Federation under article 13-5 of the Federal Act on the Legal Status of Foreign Citizens in the Russian Federation Federation "."; (c) Paragraph 14 is considered to be the fifteenth paragraph; 2) in part 7 of article 25-6, the second sentence should read: " Foreign national entering the Russian Federation for the purpose of OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 13-2 or 13-5 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" or carrying out such activities, the ordinary working visa shall be processed as repeated and issued for the duration of validity, respectively. of a signed employment contract or a civil contract for the performance of the works (provision of services), but not more than three years from the date of entry of that foreign national to the Russian Federation, with the subsequent extension of the said visa for the duration of the contract of employment, or a civil contract for work (service), but not for more than three years for each such extension. ". Article 2 Amend Federal Law N 115-FZ " On the Legal Status of Foreign Citizens in the Russian Federation " (Russian Federation Law Assembly, 2002, N 30, p. 3032; 2003, N 46, sect. 4437; 2006, N 30, est. 3286; 2007; N 2, sect. 361; N 49, sect. 6071; N 50, sect. 6241; 2008, N 19, sect. 2094; N 30, sect. 3616; 2009, N 19, sect. 2283; N 23, sect. 2760; N 26, st. 3125; 2010, N 21, sect. 2524; N 31, st. 4196; N 40, sect. 4969; N 52, sect. 7000; 2011, N 1, est. 29; N 13, est. 1689; N 17, sect. 2321; N 27, sect. 3880; N 49, sect. 7043, 7061; 2012, N 31, sect. 4322; N 47, st. 6396, 6397; N 53, sect. 7640, 7645; 2013, N 19, 100. 2309, 2310; N 23, 100. 2866; N 27, est. 3461, 3477; N 30, est. 4036, 4037, 4057, 4081) the following changes: 1) (Spspent force-Federal Law of 24.11.2014 N 357-FZ ) 2) in article 13: (a) in paragraph 4-1 the words "Articles 13-1-13-4" shall be replaced by the words "Articles 13-1-13-5"; b) paragraph 4-5, add the following: " (5) shall be inserted. to work in the Russian Federation, in accordance with article 13-5 of this Federal Law. "; , paragraph 4-6, should be supplemented with the words", as well as to foreign nationals who are permitted to work under article 13-5 of this Federal Law "; 3) to supplement articles 13 to 5 , to read: " Article 13-5. { { main } } { } { } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } } { \cs6\f1\cf6\lang1024 } { \b } } of foreign commercial organizations registered in the territories of the World Trade Organization organization 1. This article defines the conditions and procedure for obtaining a work permit for foreign nationals sent by a foreign commercial organization registered in the territory of a member State of the World Trade Organization (hereinafter referred to as the "World Trade Organization"). A foreign commercial organization), for the performance of work in the territory of the Russian Federation: 1) in a legal person registered in accordance with the established procedure in the territory of the Russian Federation and services in accordance with the constituent instruments a subsidiary of a foreign business organization (hereinafter referred to as a subsidiary of a foreign commercial organization); 2) in a foreign business branch; 3) in the representation of a foreign commercial organization. 2. The foreign nationals referred to in paragraph 1 of this article shall be permitted to work in the manner provided for in this article, provided that such foreign nationals are not less than one year during the period immediately preceding They were sent to the Russian Federation, engaged in employment in the sending foreign commercial organization and were sent to: 1) to the representation of a foreign commercial organization for substitution under the responsibility of the Management and coordination of the representation (including the post of the Head of Mission); 2) to a branch or subsidiary of a foreign commercial organization as key personnel: for Replacement of the post of head of a branch or a subsidiary of a foreign commercial organization; to replace other positions, provided that foreign nationals are engaged in the provision of services to THE RUSSIAN FEDERATION At least two million rubles per year (365 calendar days), possess a high level of qualification and (or) knowledge that is consistent with the requirements established by the Government of the Russian Federation, and necessary for the provision of services by these affiliates or subsidiaries of a foreign commercial organization. 3. The total number of foreign nationals working in the representation of a foreign commercial organization in the Russian Federation on the basis of work permits issued under this article may not exceed Five persons, and in the banking sector, two persons, within the number of employees of the missions of a foreign commercial organization, agreed upon accreditation by the accredited accreditation body. 4. The quota for the issuance of invitations to foreign nationals to enter the Russian Federation for the purpose of employment and the quota for the granting of work permits to foreign nationals under articles 18 and 18 to 1 of this Federal Act, shall not apply to the foreign nationals referred to in paragraph 1 of this article. 5. The Government of the Russian Federation may impose a restriction on the labour market in order to ensure safety on the basis of the principle of the priority use of national labour, taking into account the situation in the labour market. The foreign nationals referred to in paragraph 1 of this article, unless otherwise provided by the international treaty of the Russian Federation. 6. The foreign nationals referred to in paragraph 1 of this article who have arrived in the Russian Federation shall have a contract or a medical insurance contract in force in the territory of the Russian Federation, or be entitled to the right of appropriate medical insurance. A contract concluded by an employer with a medical organization for primary health care and specialized medical care. 7. Authorization for employment of foreign nationals referred to in paragraph 1 of this article shall be issued for a period of time corresponding to the period for which a foreign citizen is sent to a subsidiary, representation or subsidiary of a foreign commercial organization. in accordance with the decision of the foreign commercial organization to send but not more than three years. The period of validity of the work permit may be extended on several occasions in the event of a decision by a foreign commercial organization to extend the period to which the foreign citizen is sent to a branch, office or child The organization of a foreign commercial organization, but not for more than three years for each such extension. In the event that, in accordance with the decision on the direction and (or) employment contract with a subsidiary organization of a foreign commercial organization, it is assumed that foreign nationals are to be carried out as referred to in paragraph 1 of this article, In the territory of two or more constituent entities of the Russian Federation, work permits are issued in the territories of these constituent entities of the Russian Federation. 8. Authorization to work for foreign nationals referred to in paragraph 1 of this article shall not be issued, and the previously issued work permit shall be cancelled: 1) subject to the grounds referred to in paragraphs 1 to 7, 9 and 10 of paragraph 9, paragraphs 9-1; and 9-2 of Article 18 of this Federal Law; (2) subject to the conditions specified in paragraph 2 of this article; 3) if the services directly involved in the provision of which the foreign national will participate are not included in the list of services determined in accordance with the obligations of the Russian Federation The World Trade Organization. 9. In order to obtain a work permit for foreign nationals referred to in paragraph 1 of this article, the branch, representation or subsidiary organization of a foreign commercial organization referred to in paragraph 1 of this article shall be submitted to the Federal executive branch in the sphere of migration: 1) application for a work permit to a foreign citizen sent to a branch office, representation or a subsidiary of a foreign commercial organization (hereinafter referred to as the application) on the issue of work permit); 2) a copy of the document; (b) The identification of a foreign national and recognized in that capacity by the Russian Federation; 3) a document confirming the employment of a foreign worker in a foreign commercial organization of at least one year during the period immediately preceding the dispatch to the Russian Federation; 4) a decision by a foreign commercial organization to send a foreign citizen to its branch office, representation or a subsidiary of a foreign commercial organization; 5) information about the legal entity confirming its classification as a subsidiary of a foreign commercial organization in accordance with the legislation of the Russian Federation; 6) a draft labour contract between a foreign national and a subsidiary of a foreign commercial organization; 7) a written undertaking to pay (reimbursement) expenses of the Russian Federation related to possible administrative expulsion from the Russian Federation The Federation or the deportation of a foreign national, (a) A copy of the contract of employment between a foreign national and a foreign commercial organization (for foreign nationals to be sent to a branch or representation of a foreign commercial organization); 9) a copy of the contract (policy) of medical insurance concluded by a foreign national with an insurance organization or a contract entered into by the employer with by a medical organization, to be received by a foreign national Primary health care and specialized medical care. 10. At the same time as the documents referred to in paragraph 9 of this article, a receipt is submitted to the federal executive authority in the field of migration for payment of the State duty for the issuance of work permits. In the event of a failure to submit the receipt, the federal executive authority in the field of migration checks the payment of the State fee for the authorization to work on the basis of the payment of the State duty The State Information System on State and Municipal Payments. 11. When considering an application for a work permit, the federal executive authority in the field of migration requests the public register of legal entities, the Consolidated State Register of Accredited Persons in the Territory. OF THE PRESIDENT OF THE RUSSIAN FEDERATION of a person (a subsidiary of a foreign commercial entity) The Conference of the States parties to the Convention on the Rights of the 12. The request for work permit submitted by the branch or subsidiary of a foreign commercial organization shall state: 1) on the compliance of the wage level with the requirements of paragraph 2 this article; 2) on the position to which a foreign national is expected to be assigned, the duties to be carried out under the post; (3) on the qualifications and (or) Unremarkable knowledge of the foreign citizen required for the provision of services A branch or subsidiary organization of a foreign commercial organization, requirements established by the Government of the Russian Federation. 13. Evaluation of paragraph 2 (2) of this article of the qualification and (or) knowledge of the foreign national involved in accordance with this article, foreign commercial organization that directs the foreign A citizen, a subsidiary or a subsidiary of the organization, carries out the risks on its own and carries the corresponding risks. 14. No refusal to accept an application for a work permit is permitted, except in the case of failure to submit any of the documents referred to in paragraph 9 of this article. 15. To extend the validity of the work permit, the branch office, representative office or subsidiary organization of the foreign commercial organization referred to in paragraphs 1 to 3 of paragraph 1 of this article, no later than sixty calendar days before the end The period of validity of the work permit shall be submitted to the federal executive authority in the sphere of migration: (1) the application for extension of the work permit; 2) the decision of the foreign commercial organization Extension of the period for which a foreign citizen is sent to the Russian Federation A subsidiary, representation or subsidiary organization of a foreign commercial organization; 3) an employment contract between a foreign national and a subsidiary of a foreign commercial organization; 4) a copy (a) a contract of medical insurance concluded by a foreign national with an insurance organization or a contract entered into by an employer with a medical organization for the receipt of primary health care by a foreign citizen; and specialized medical care; 5) copy A contract of employment between a foreign citizen and a foreign commercial organization (for foreign nationals sent to a representative office or a branch of a foreign commercial organization). 16. Failure to accept an application for an extension of a work permit shall not be permitted, except in the case of failure to submit any of the documents referred to in paragraph 15 of this article. 17. The period for consideration of an application for a work permit or an application for an extension of a work permit shall be no more than thirty working days from the date of receipt of the application (s) to the federal executive branch of the Executive the scope of migration. 18. If the employer fails to comply with the obligations assumed by a foreign national in accordance with this Federal Act and the terms of a contract of employment concluded with a foreign national, the branch office, A representative office or subsidiary organization of a foreign commercial organization may again engage a foreign national under the conditions provided for by this Federal Law no earlier than two years from the date on which the relevant The circumstances became known to the federal executive authority in the field of migration. Where a branch office, representative office or subsidiary of a foreign commercial organization has requested an extension of the work permit or a request for permission to work at the branch office, A representative office or subsidiary organization of a foreign commercial organization before the expiry of the period specified in the first paragraph of this paragraph, the federal executive authority in the field of migration, without consideration of the said declaration, or The application on the merits shall notify the employer in writing of the date from which he or she is will be able to make a statement or request. 19. The procedure for the issuance and extradition to foreign nationals referred to in paragraph 1 of this article, the authorization to work, the extension of the period of validity, the form of the said permit and the form of the application for a work permit, the form of an application for an extension of the period of time Work permits are established by the federal executive authority in the field of migration. The composition of the information confirming the inclusion of a legal person in the subsidiary organization of a foreign commercial organization, as well as the composition of the mandatory criteria for a decision by a foreign commercial organization in the direction of a foreign trade organization. A citizen is appointed by the Government of the Russian Federation by the federal executive branch of the Russian Federation. 20. The members of the family (spouse), children (including adopted children), spouses of children, parents (including adoptive parents), spouses of parents, grandparents, grandchildren) of the foreign citizens referred to in paragraph 1 of this article, enter the Russian Federation and The Russian Federation shall leave the Russian Federation in accordance with the procedure established by the legislation of the Russian Federation, unless otherwise established by the international treaty of the Russian Federation. "; " 3. A foreign citizen, temporarily or permanently residing in the Russian Federation, may be placed in the position of a chief accountant or other official who is responsible for accounting of the Russian Federation. ". Article 3 Paragraph 1 of article 10 of the Federal Law of 29 November 2010 On compulsory health insurance in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6422; 2011, N 49, sect. 7047, 7057; 2013, N 27, sect. 3477), as follows: " Insured persons are citizens of the Russian Federation, permanent or temporary foreign nationals residing in the Russian Federation, stateless persons (except in the Russian Federation). Highly qualified specialists and members of their families, as well as foreign nationals working in the Russian Federation in accordance with article 13-5 of the Federal Act of 25 July 2002, No. 115-FZ " On the legal situation OF THE PRESIDENT OF THE RUSSIAN FEDERATION According to the Federal Law "On Refugees". President of the Russian Federation Vladimir Putin Moscow, Kremlin December 28, 2013 N 390-FZ