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On Amendments To Certain Legislative Acts Of The Russian Federation To Improve Migration Legislation And Responsibility For Its Breach

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в целях совершенствования миграционного законодательства и ответственности за его нарушение

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation to improve migration legislation and responsibility for its violation Adopted by the State Duma on July 5, 2013 Approved by the Federation Council on July 10, 2013 Article 1 Amend Federal Law 1) in article 26: (a) In paragraph 2, the words "used false documents or" to delete; (b), subparagraph 6 should be declared void; (2) Part one of article 27: (a) To supplement subparagraph 9 reading: "9) a foreign national or stateless person has used false documents;"; b) to add the following to subparagraph 10: " 10) Foreign A citizen or stateless person during his/her previous stay in The Russian Federation has failed to pay the tax or administrative penalty or has not reimbursed the costs of administrative expulsion from the Russian Federation or deportation, until such payments are made in full. The procedure for the payment of such arrears by foreign nationals and stateless persons shall be determined by the Government of the Russian Federation. ". Article 2 Article 2 href=" ?docbody= &prevDoc= 102167021&backlink=1 & &nd=102074277" target="contents"> Russian Federation Code of Administrative Offences (Russian Federation Law Assembly 2002, N 1, Art. 1; N 18, sect. 1721; N 30, est. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434, 4440; N 50, sect. 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. 1075, 1077; N 19, st. 1752; N 27, sect. 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, 2385; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 15, stop. 1743; N 16, sect. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251, 2259; N 30, est. 3604; N 49, sect. 5745, 5748; N 52, est. 6227, 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759, 2776; N 26, est. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6406, 6412; 2010, N 1, sect. 1; N 19, est. 2291; N 21, est. 2524, 2525; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4192, 4193, 4195, 4206, 4207, 4208; N 41, est. 5192; N 49, sect. 6409; 2011, N 1, st. 10, 23, 54; N 7, st. 901; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873, 3881; N 29, st. 4289, 4290, 4298; N 30, st. 4573, 4574, 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; N 47, sect. 6602; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 19, est. 2278, 2281; N 24, est. 3069, 3082; N 29, st. 3996; N 31, st. 4320, 4330; N 47, sect. 6402, 6403, 6404, 6405; N 49, sect. 6757; N 53, sect. 7577, 7602, 7640; 2013, N 14, st. 1651, 1657, 1666; N 17, st. 2029; N 19, est. 2319, 2323, 2325, 2325; Russian newspaper, 2013, 2 July) the following changes: 1) Article 3.5, first paragraph 1, after the words " Article 15.15 (2), Part 2, paragraphs 3 and 4, of article 18.8, parts 2 and 3, of article 18.10, paragraph 4, 18.15, part 3 of article 19.27, ", after the words" for officials-fifty thousand roubles, in the cases provided for in articles 5.26, 14.1-2 "with the words", parts 4 and 5 of article 18.15, paragraph 3 of article 18.16 "; (2) in article 18.8: (a) In the first part of paragraph 1, the words " in the absence of documentation of the right of stay (residence) in the Russian Federation, or in the event of the loss of such documents, in the absence of a declaration of their loss to the appropriate authority, or "and the phrase", as well as avoiding the departure from the Russian Federation after a certain period of stay, " delete; b) to be supplemented by Part 1-1, as follows: " 1-1. Violation by a foreign national or stateless person of the regime of stay (residence) in the Russian Federation, in the absence of proof of the right to stay (residence) in the Russian Federation or in the event of loss of such nationality. In the absence of an application for their loss to the relevant authority or in evasion of the departure from the Russian Federation upon the expiry of a certain period of stay, the shall impose an administrative fine of between two thousand and five. Thousands of roubles with administrative expulsion from the Russian Federation. " in) add the following content: " 3. Violations under part 1, 1 to 1 and 2 of this article, committed in the city of federal importance to Moscow or St. Petersburg, or in the Moscow or Leningrad Region,- , shall be subject to an administrative fine in the amount of 5 thousand to 7,000 rubles with administrative expulsion from the Russian Federation. "; g) to be supplemented with Part 4, as follows: " 4. A foreign national or stateless person repeated in one year's commission of an administrative offence provided for in Parts 1 and 2 of this Article- shall entail an imposition of an administrative fine in the amount of 5 thousands up to 7,000 rubles with administrative expulsion from the Russian Federation. "; d) add the following note: " Note. The administrative expulsion from the Russian Federation of a foreign national or stateless person in the form of controlled independent departure from the Russian Federation does not apply to foreign nationals or stateless persons, liable to administrative liability for an administrative offence provided for in paragraph 4 of this article. "; 3) in article 18.10: (a), in the first paragraph," Implementation by a foreign citizen " shall be replaced by in the words " 1. Implementation by a foreign national "; b) to be supplemented by Part 2, reading: " 2. The violation referred to in part 1 of this article, committed in the city of federal importance to Moscow or St. Petersburg, or in the Moscow or Leningrad region,- shall entail an administrative fine of between 5,000 and 1,000 persons. with thousands of roubles with administrative expulsion from the Russian Federation. "; in) to be supplemented by Part 3 reading: " 3. A foreign national or stateless person, repeated within one year, of an administrative offence under Part 1 of this Article- shall entail an administrative fine in the amount of five thousand. Up to seven thousand roubles with administrative expulsion from the Russian Federation. "; ) should be added to the following note: " Note. The administrative expulsion from the Russian Federation of a foreign national or stateless person in the form of controlled independent departure from the Russian Federation does not apply to foreign nationals or stateless persons, liable to administrative liability for an administrative offence provided for in part 3 of this article. "; 4) in article 18.15: (a), in the second part of Part 1, the words" for a period of up to ninety days " are replaced by the words "for a term of between fourteen and 90 days"; b) in the second part of Part 2 "for a period of up to 90 days" to read "for a period of 14 to ninety days"; in) in Part 3: Paragraph 1 after the word "Failure to notify" with the words " or a breach of an established order and (or) form " or the failure to notify the relevant authority of the termination of a contract of employment or of a civil contract for the performance of the work (service) with a foreign worker or of leave without pay for a period of more than 1 calendar month during the year "; in the second paragraph, replace" for a period of up to ninety days "by" 14 to ninety days "; g) to be supplemented with Part 4, to read: " 4. The violations referred to in parts 1 to 3 of this article, committed in the city of federal importance to Moscow or St. Petersburg, or in the Moscow or Leningrad region,- -entail the imposition of an administrative fine on citizens in the amount of 50,000 rubles ($1,000,000); on legal entities, from 400 thousand rubles to one million rubles ($1 million). ninetieth day. "; d) supplement Part 5 with the following: " 5. Failure to notify or breach the established order and (or) form of notification by the employer or customer of the works (services) involving highly qualified specialists, the federal executive authority responsible for implementation Immigration control and surveillance functions, or its authorized territorial authority, in accordance with the list established by the Federal Executive for the enforcement of the obligation to pay wages (remuneration) of highly qualified specialists or of avoidance A contract of employment or a civil contract for the performance of the work (provision of services) with a highly qualified specialist, or of a leave without pay for more than one calendar month in the within a year or the provision of information on the placement of a highly qualified professional in the tax authority, if such notification or the provision of such information is required by the federal authorities by law,- entails an administrative fine for 50,000 to one million rubles; legal entities-from 400,000 to 1 million roubles. "; (5) in Article 18.16: (a) in the second part of Part 1, for a term of up to 90 In the second part of the sentence, replace the words "for a period of nineties" with the words "for a period of up to ninety days"; Content: " 3. Violations under part 1 and 2 of this article, committed in the city of federal importance to Moscow or St. Petersburg, or in the Moscow or Leningrad region,- -entail the imposition of an administrative fine on officials in 50,000 rubles ($45,000); legal entities-from 400 to 100 thousand rubles; or administrative suspension of activities for a period of between 14 and ninety days. Add the following note: " Note. In case of violation of the rules for attracting foreign citizens and stateless persons to work carried out in trade facilities (including trade complexes), in respect of two or more foreign nationals and (or) stateless persons The administrative liability under Parts 1 and 3 of this Article is in violation of the rules for attracting foreign nationals and stateless persons to work performed in commercial facilities (including in trade (a), (c), (c), (c), (c), (c). separately. "; 6) in article 18.17: (a), in the second part of paragraph 1, the words" for a period of up to ninety days "should be replaced by the words" for a period of 14 to ninety days "; b) in the second part of 3 words" for a term of up to "For ninety days, replace" with the words "from 14 to ninety days"; 7) to article 19.27, to be supplemented by Part 3 reading: " 3. The violation referred to in part 1 of this article, committed in the city of federal importance to Moscow or St. Petersburg, or in the Moscow or Leningrad region,- shall entail an administrative fine of between 5,000 and 1,000 persons. with the administrative expulsion of thousands of roubles outside the Russian Federation or without it. "; 8) in article 20.25: (a) in the second part of paragraph 3, the word" enforcement "should be replaced by" administrative "; b) Add the following note: " Note. The administrative expulsion from the Russian Federation of a foreign national or stateless person in the form of controlled independent departure from the Russian Federation does not apply to foreign nationals or stateless persons, liable to administrative liability for an administrative offence provided for in Part 3 of this Article. "; 9) in article 23.1: (a) after the words" Parts 2 and 2-1 of Article 17.14, "to be supplemented with the words" parts of 1-1, 3, 4, 18.8, parts 2 and 18.10, "; b) in Part 2 of the figure "18.8, 18.10, 18.15-18.18, replace by the words" Parts 1 and 2 of article 18.8, article 18.10, paragraph 1, article 18.15, paragraphs 1 to 4, article 18.16, 18.18, ", and amend the words" article 19.27, paragraph 1 "to read" Parts 1 and 3 of article 19.27 "; (10) in the article. 23.3: a) in Part 1 of the word "articles 14.26," should be replaced by "article 14.26, paragraphs 1 and 2 of article 18.8, articles"; b) in Part 2: in paragraph 1 of the words "Article 14.26," read " Article 14.26, Parts 1 and 2 Article 18.8, article "; , paragraph 2, after" 14.26, "with the words" Parts 1 and 2 " Art. 18.8, article 18.8, article "; 11) in article 23.67, part 1, article 18.8-18.10," be replaced by "Parts 1 and 2 of Article 18.8, Article 18.9, Article 18.10, Article 18.10, Article 18.10,"; and Article 27.2, paragraph 15, paragraph 15, paragraph 15, after the word "(Police)" shall be supplemented by the words ", the authority authorized to carry out the functions of control and supervision in the field of migration,"; 13) in part 2, article 28.3: (a) in paragraph 1 of the figure "18.8," be replaced by the words " Parts 1-1, 3, 4, 18.8, "; b) in paragraph 15, replace the words" provided by articles "with the words" "Parts 1 to 1, 3, 4, articles 18.8, parts 2 and 3 of article 18.10, articles"; 14) shall be supplemented with article 29.11 by Part 4, as follows: " 4. In the case of administrative offences under articles 18.9, 18.15, 18.17 of this Code, for an organization which is a member of a self-regulating organization in the field of engineering, architectural and construction Design, construction, reconstruction, major repairs to capital construction sites, a copy of the administrative penalty regulation is sent to the designated self-regulating organization. ". Article 3 Article 18, paragraph 9, of the 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; 2006, N 30, sect. 3286; 2007, N 1, st. 21; N 2, est. 361; 2008, 2094; N 30, sect. 3616; 2010, N 21, sect. 2524; N 31, st. 4196; 2011, N 1, sect. 50; N 27, est. 3880; 2012, N 53, sect. 7645; 2013, N 19, sect. 2309), as follows: " (3) in the five years prior to the day of the application for a work permit, was subject to administrative expulsion from the Russian Federation, deportation or transfer The Russian Federation, in accordance with the international treaty of the Russian Federation on readmission, or in the ten years preceding the day of the application for work permit, repeatedly (twice and more) He was subjected to administrative expulsion from the Russian Federation, deportation or transferred by the Russian Federation to a foreign State in accordance with the international treaty of the Russian Federation on readmission; ". Article 4 Article 55-7 The Shipbuilding Code of the Russian Federation (Russian Federation Law Assembly 2005, N 1, st. 16; 2008, N 30, sect. 3604; 2010, N 31, article 4209) to supplement paragraph 6 with the following: "6) repeated within one year of holding a member of a self-regulated organization to account for a violation of migration law.". Article 5 Paragraph 8 of article 1, paragraph 10, of the Federal Law of 10 January 2003, N 7-FZ "On introducing amendments and additions to the Federal Law" On the order OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION (159) To declare null and void. Article 6 1. This Federal Law shall enter into force on the date of its official publication, with the exception of article 2 of this Federal Law. 2. Article 2 of this Federal Law shall enter into force on 9 August 2013. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 207-FZ