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On Amendments To The Federal Law "on Legal Status Of Foreign Citizens In The Russian Federation And Certain Legislative Acts Of The Russian Federation In Order To Create Additional Favourable Conditions For Training In The Russian ...

Original Language Title: О внесении изменений в Федеральный закон "О правовом положении иностранных граждан в Российской Федерации" и отдельные законодательные акты Российской Федерации в целях создания дополнительных благоприятных условий для обучения в Российской...

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RUSSIAN FEDERATION FEDERAL LAW amending Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" and Individual Russian legislation to create additional favourable conditions for training in the Russian Federation of foreign citizens and stateless persons Accepted State Duma on July 5, 2013 Approved by the Federation Council on July 10, 2013 year (In the edition of federal laws of 28.12.2013) N 386-FZ; of 24.11.2014 N 357-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3032; 2003, N 27, sect. 2700; N 46, sect. 4437; 2006, N 30, est. 3286; 2007, N 1, st. 21; N 2, est. 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; N 52, sect. 6450; 2010, N 21, sect. 2524; N 31, st. 4196; N 40, sect. 4969; N 52, sect. 7000; 2011, N 1, est. 29, 50; N 13, est. 1689; N 17, sect. 2318, 2321; N 27, sect. 3880; N 47, sect. 6608; 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) the following changes: 1) in article 5: (a), paragraph 2 is supplemented by the words ", or an application by an educational organization in which a foreign citizen is trained in the main vocational education programme with State accreditation, extending the period of temporary stay in the Russian Federation of such foreign national "; b) to supplement paragraph 7 with the following: " 7. Period of temporary stay in the Russian Federation of a foreign citizen who has arrived in the Russian Federation for the purpose of studying and admitted to the educational organization for the purpose of obtaining an education in the main vocational educational programme, The State accredited shall be renewed until the end of the period of study of the foreign national in the said educational organization. Temporary stay in the Russian Federation of a foreign national referred to in the first paragraph of this paragraph, if the foreign citizen is transferred to the same educational organization from the same educational institution. A programme with State accreditation to another educational programme with State accreditation, including the educational programme of another level, shall be extended until the end of the period of study of the foreign national in the programme. of the aforementioned educational organization. The period of temporary stay in the Russian Federation of a foreign national referred to in the first paragraph of this paragraph if the foreign citizen is transferred to another educational organization to continue his studies on The main vocational educational program with state accreditation is extended until the end of the period of training of this foreign citizen according to the main vocational training program with the state accreditation, in designated educational institution, to which he/she is being translated for further training. The term of temporary stay in the Russian Federation of a foreign citizen who completed the basic vocational training programme with State accreditation may be extended for up to thirty years. Calendar days from the date of expulsion of this foreign national from the educational organization in connection with the completion of their education on the said basic vocational training programme for the purpose of admission of the foreign citizen to the Basic education in the same or other educational organization The vocational training programme of another level with State accreditation. The educational organization in which the foreign national referred to in the first paragraph of this paragraph is obliged to notify the territorial body of the federal executive branch in the field of migration of completion or The termination of the training of the foreign national in the said educational organization within three working days of the date of its expulsion. The form and procedure for the submission of the notification referred to in paragraph 5 of this paragraph shall be established by the federal executive authority in the field of migration. Completion or termination of the training of a foreign citizen in an educational organization is a reason for reducing the period of temporary stay of the foreign citizen in the Russian Federation, unless otherwise provided this Federal Law. "; (2) in article 13: (a) in paragraph 4-1, the words" 13-1, 13-2 and 13-3 "shall be replaced by the words" 13-1 to 13-4 "; b) paragraph 4-2, supplemented by the words" as well as by occupation (speciality, title, type work) not specified in the work permit ", The following sentence is proposed: " The employer or the Employer (s) shall not be entitled to engage a foreign citizen in employment outside the constituent entity of the Russian Federation, in whose territory this foreign national has been extradited. a work permit, as well as a profession (speciality, job, type of work) not specified in the work permit. "; in), paragraph 4-5, supplemented subparagraph 4 with the following: " (4) study in the Russian Federation. THE RUSSIAN FEDERATION Educational organization of higher education on the main vocational educational program with state accreditation. "; g) to supplement paragraph 4-10 with the following content: " 4-10. The rules set out in paragraph 4 (6) and (7) of this article do not apply to foreign nationals who are co-workers in the Russian Federation with training, in the event that foreign nationals have arrived in The Russian Federation, in the order not requiring a visa, for the purpose of working or on the basis of an ordinary work visa. "; (1), paragraph 6, subparagraph (1), should be supplemented by the words" and, in the case of foreign nationals, A citizen of the workplace in the manner prescribed by article 13-4 of the present Federal law, outside the constituent entity of the Russian Federation, in whose territory the foreign citizen is studying "; 3) (Udgit-Federal Law dated 24.11.2014. N 357-FZ) 4) in article 13-2: (a) in paragraph 10 of the words "paragraphs 1 to 7 of paragraph 9 and 9-1", replace the words "paragraphs 9 and 9-7"; b) in the first paragraph of paragraph 13 after the words "The federal authority in the sphere of migration" shall be supplemented by the words "or its authorized territorial authority", the words "Form of notice shall be" replaced by the words " Form and procedure for the notification "; in), in the first paragraph of paragraph 17, the words" its territorial authority " In the first paragraph of paragraph 18, replace the words "the territorial body of the federal executive authority in the field of migration" with the words "the federal executive authority in the area of migration". The scope of migration or its authorized territorial body "; 5) to supplement articles 13 to 4 as follows: Article 13-4. The peculiarities of the labor activity are the separate categories of foreign citizens, students in the Russian Federation in person form 1. A foreign citizen studying in the Russian Federation in person in a professional educational organization or higher education organization in the main vocational educational programme with a State As such, it is authorized to work on the basis of a work permit, except as provided for in article 13, paragraph 4, subparagraphs 6 and 7, of this Federal Act. 2. Authorization for work shall be granted to a foreign national referred to in paragraph 1 of this article by the federal executive authority in the sphere of migration or its territorial body on the basis of a declaration made by a foreign national for extradition. Work permits. 3. The work permit of a foreign national referred to in paragraph 1 of this article shall be granted for the duration of the employment contract or the civil contract for the performance of the works (service), but not more than one year. The period of validity of the said work permit may not exceed the term of the training of the foreign citizen in professional educational organization or the educational organization of higher education in the main professional education. an educational programme with State accreditation. The term of the work permit to a foreign national referred to in paragraph 1 of this article may be extended on several occasions for the duration of the employment contract concluded with him or the civil contract for the performance of work (provision of services), but not more than one year for each such extension. 4. No authorization shall be granted to the foreign national referred to in paragraph 1 of this article, and the work permit shall be withdrawn if one of the grounds referred to in paragraphs 1 to 10, 14 and 15, paragraphs 9 to 1, 9 to 2 and 9 to 6, is available. of article 18 of this Federal Act. 5. List of information on the foreign national contained in the work permit, the procedure for amending the said information (including the authorization or extension of the authorization) and the form of the authorization form are established by the federal executive authority in the field of migration. 6. A foreign national referred to in paragraph 1 of this article shall apply for permission to work in person or through an organization engaged in the employment of foreign nationals in the Russian Federation or through a person acting in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. At the same time as the declaration referred to in paragraph 6 of this article, a foreign citizen shall submit: 1) a document certifying the identity of a foreign national and recognized by the Russian Federation in that capacity; 2) Migration card with the border control mark on the entry of the foreign citizen into the Russian Federation or with the territorial body of the federal executive branch in the field of migration on extradition A foreign national of the said migration card. In the event of a failure to submit the migration card, the federal executive authority in the field of migration or its territorial body shall verify, on the basis of the information available in these bodies, the data on the foreign national contained in the of the said migration card; 3) a certificate issued by the federal executive authority in the field of migration, on the training of a given foreign citizen in a professional educational organization, or education in higher education, by major professional an educational programme with State accreditation, completed by designated educational organizations; 4) an employment contract or a civil law contract for the performance of works (provision of services), concluded and executed in According to the legislation of the Russian Federation; 5) a receipt for payment of a state duty for issuing work permits to the foreign citizen. In the event of a failure to submit the receipt, the federal executive authority in the sphere of migration or its territorial body shall verify the payment of the State fee for granting the foreign national a work permit. The use of information on the payment of the State duty contained in the State Information System on State and Municipal Payments. 6) documents confirming that the foreign national has no drug and infectious diseases that pose a danger to the surrounding list, which is approved by the Committee. of the Russian Federation by the Government of the Russian Federation by the Federal Executive, as well as the certificate of the absence of the disease caused by the human immunodeficiency virus (HIV) from the foreign national. (Paragraph is amended by the Federal Law of 28 December 2013. N 386-FZ) 8. Refusal to accept a foreign national referred to in paragraph 1 of this article shall not be granted a work permit, except in cases of non-submission of the documents specified by the Subparagraphs 1, 3, 4 and 6 of paragraph 7 of this article. (In the wording of Federal Law of 28.12.2013) N 386-FZ) 9. The Federal Executive in the field of migration or its territorial body shall consider the application for a work permit to a foreign national referred to in paragraph 1 of this article without regard to the quotas for issuing such permits. 10. The Federal Executive in the sphere of migration or its territorial body no later than ten working days from the date of acceptance from the foreign national referred to in paragraph 1 of this article, applications for authorization to work shall be required Issue a work permit or notice to the foreign citizen for refusal to issue such a permit. A permit shall be issued to the foreign national in person upon presentation of his or her identity and recognized by the Russian Federation in that capacity. 11. In order to extend the period of validity of the work permit, the foreign national referred to in paragraph 1 of this article shall submit to the federal executive authority no later than fifteen working days before the expiry of such authorization. In the area of migration or its territorial body: 1) an application for extension of the work permit; 2) a certificate issued by the federal executive authority in the field of migration, on the education of the of a foreign national in person in professional education The organization or educational organization of higher education on the main vocational educational programme with State accreditation, executed by the aforementioned educational organizations; 3) employment contract or A civil contract for the execution of works (service), concluded and executed in accordance with the legislation of the Russian Federation. 4) documents confirming that the foreign national has no drug and infectious diseases that pose a danger to others, as authorized by the list of the Russian Federation by the Government of the Russian Federation by the Federal Executive, as well as the certificate of the absence of the disease caused by the human immunodeficiency virus (HIV) from the foreign national. (Paragraph is amended by the Federal Law of 28 December 2013. N 386-FZ 12. The decision to extend the validity of a work permit to a foreign national referred to in paragraph 1 of this article shall be decided without taking into account the quotas for issuing such permits. 13. Refusal to accept from a foreign national referred to in paragraph 1 of this article shall not be permitted to apply for an extension of a work permit, except in the case of non-submission of the documents specified in paragraph 11 of this article. 14. The decision to extend the work permit to a foreign national referred to in paragraph 1 of this article shall be made within three working days from the date on which the foreign citizen has submitted the required documents. 15. Refusal to extend the period of validity of a work permit to a foreign national referred to in paragraph 1 of this article is permitted under subparagraphs 1 to 10 and 14 of paragraph 9, paragraphs 9 to 1, 9 to 2 and 9 to 6 of article 18 of the present report. Federal law. 16. A foreign national referred to in paragraph 1 of this article, in case of early termination of a contract of employment or a civil contract for the performance of the works (provision of services) which were the basis for extradition to the foreign national. A citizen of a work permit or an extension of such authorization may conclude a new employment contract or a civil contract for the performance of work (provision of services). 17. In case of a foreign citizen's opinion as referred to in paragraph 1 of this article, during the period of validity of a new employment contract or a civil contract for the performance of the work (provision of services), the foreign national The citizen is obliged to apply to the federal executive authority in the sphere of migration or its territorial body within seven working days to make changes to the information contained in the work permit. The procedure for making changes to the information about a foreign citizen studying in the Russian Federation in person in a professional educational organization or in the educational organization of higher education in the main A professional educational programme with State accreditation contained in a work permit is established by the federal executive authority in the field of migration. 18. Employers or customers of the work (services) attracting and using the foreign citizens referred to in paragraph 1 of this article are obliged to notify the territorial body of the federal executive branch and the executive branch responsible for the employment of the population in the relevant constituent entity of the Russian Federation, the conclusion and termination of employment contracts or civil contracts for the performance of work (provision of services); and on leave for foreign nationals without pay for more than one calendar month during the year. The form and procedure for the notification of the territorial body of the federal executive branch in the sphere of migration, as set out in the first paragraph of this paragraph, shall be established by the federal executive authority in the field of migration. The form and procedure for the submission of the notice given in the first paragraph of this paragraph to the executive authority responsible for the employment of the population in the relevant constituent entity of the Russian Federation shall be established by the federal authority. The executive branch is responsible for the formulation and implementation of public policies and regulations in the area of employment and unemployment. 19. The educational organization, in which the foreign citizen referred to in paragraph 1 of this article is trained, is obliged to notify the territorial body of the federal executive branch in the field of migration and the organ of executive power of the subject. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The form and procedure for the notification of the territorial body of the federal executive branch in the sphere of migration, as set out in the first paragraph of this paragraph, shall be established by the federal executive authority in the field of migration. The form and procedure for the notification of the executive branch of the constituent entity of the Russian Federation in the field of education shall be established by the federal executive branch of the Russian Federation. The authorities responsible for the formulation and implementation of public policies and regulations in the field of education. 20. The foreign national referred to in paragraph 1 of this article shall not be entitled to work outside the constituent territory of the Russian Federation in whose territory the foreign citizen is studying. "; 6) in article 17: (a) Paragraph 4 should be supplemented with the following paragraph: " In the case of a foreign citizen who has completed the basic vocational training programme with State accreditation in the educational system, organization for the education of The educational programme at the other level, which has State accreditation, is entrusted to the educational organization in which the foreign citizen will continue his education. At the same time, the educational organization, in which the foreign citizen will continue training, submits to the territorial body of the federal executive branch in the field of migration the guarantees referred to in article 16, paragraph 5, of the present state The federal law and, if necessary, an application for an extension of the temporary stay of this foreign national in the Russian Federation. "; b) to supplement paragraph 5 with the following: " 5. In addition to the cases referred to in paragraphs 2 and 3 of this article, the educational organization is also obliged to notify the territorial body of the federal executive authority authorized to exercise control and supervision functions. of the State administration in the sphere of education, the granting of academic leave to a foreign citizen and the completion or termination of the training of foreign nationals A citizen or stateless person in the educational organization. "; 7) in article 18: (a) in paragraph 8: subparagraph 3 should be supplemented with the words ", except as provided for in Article 13-4 of this Federal Law"; sub-paragraph 5, with the exception of Article 13-4 of this Federal Law "; b) to supplement paragraph 9-6 as follows: " 9-6. In addition to the cases referred to in paragraph 9 of this article, a foreign citizen's work permit shall be withdrawn if the foreign national has obtained a work permit in the manner prescribed by article 13-4 of this Federal Act. The law has either completed or terminated the training in person in the professional educational organization or higher education organization in the main vocational educational programme with State accreditation, or If the foreign national has been given an academic Leave. "; in) to supplement paragraph 9-7 as follows: " 9-7. In addition to the cases provided for in paragraph 9 of this article, a foreign citizen's work permit shall not be granted or extended, and the work permit shall be revoked by the federal executive authority in the field of migration or by the territorial authority in the case of: 1) by the employer or by the employer of the works (services) to the federal executive authority in the field of migration or its territorial body of forged or fraudulent documents or of a communication by the employer or by the employer of the works (services) knowingly providing false information about himself or herself a foreign national; (2) entering the federal executive authority in the sphere of migration or its territorial authority, which gave the foreign national a work permit, statements of the foreign citizen Revocation of the work permit granted to it. "; 8) in article 19, paragraph 2, paragraph 2, of the phrase" in an accredited educational institution, "shall be replaced by the words" in an educational organization Main professional education activities programs with state accreditation ". Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4029; 2003, N 2, est. 159; 2006, N 31, sect. 3420; 2007, N 1, est. 29; N 3, est. 410; 49, sect. 6071; 2008, N 19, sect. 2094; N 30, sect. 3616; N 49, sect. 5735; 2009, N 26, est. 3123; 2010, N 21, st. 2524; N 30, st. 4011; N 52, sect. 7000; 2011, N 1, est. 29; N 13, est. 1689; N 17, sect. 2321; N 50, sect. 7342; 2012, N 53, sect. 7628, 7628, 7646; 2013, N 23, st. 2866) the following changes: 1) Part 7 of Article 25-6, to be supplemented with the following sentence: " In the case of a foreign citizen in the Russian Federation, on the basis of an ordinary working visa, it is permissible to study the subject A foreign national in an educational organization in the territory of the Russian Federation without formalizing the purpose of the foreign citizen's entry into the Russian Federation. "; 2) to supplement the article 25-15 , to read: " Article 25-15. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation. ".". Article 3 Paragraph 1 of Article 17 of the Federal Law of 24 May 1999 N 99-FZ " On State policy of the Russian Federation in OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2670; 2009, N 30, sect. 3740; 2010, N 30, sect. 4010) to be supplemented by the words ", unless otherwise provided by the international treaty of the Russian Federation". Article 4 Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 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, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 25, est. 2431; N 27, est. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 10; N 10, est. 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, 3438, 3452; N 45, sect. 4634, 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 21, 29; 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; N 29, st. 3418; N 30, est. 3604; N 49, sect. 5745, 5748; N 52, est. 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759; N 26, st. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 21, sect. 2524, 2525; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, sect. 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. 2715; N 23, st. 3260; N 27, est. 3873; N 29, st. 4280, 4298; N 30, est. 4573, 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; 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; N 49, est. 6757; N 53, sect. 7577, 7602, 7640; 2013, N 14, st. 1651, 1666; N 19, est. 2323, 2325; Russian newspaper, 2013, July 2; Official internet portal of legal information (www.pravo.gov.ru), 3 July 2013, N 0001201307030013): 1) Chapter 18 to be supplemented by Article 18.19 as follows: " Article 18.19. Violation of the rules for notifying the public authorities of the training or the termination of training of foreign citizens and stateless persons in educational organizations 1. Non-notification by the educational organization of the territorial body of the federal executive authority authorized to carry out the functions of control and supervision in the field of migration, to grant a foreign citizen or a person without The nationality of the academic leave, the completion or termination of the training of a foreign national or stateless person in the educational organization or the unauthorized departure of a foreign citizen or stateless person from an educational institution. if such notification is required by a federal law, or a violation by an educational organization of the established procedure for the filing of such notification- shall impose an administrative fine on officials of between thirty-five thousand and fifty thousand roubles; legal entities-from Five hundred thousand to eight hundred thousand roubles. 2. Failure to notify the educational organization of the executive body of the constituent entity of the Russian Federation in the field of education about the arrival of a foreign citizen or stateless person in an educational organization, The granting of an academic leave to a foreign national or a stateless person, the completion or termination of the training of a foreign national or stateless person in the educational organization or the unauthorized departure of a foreign citizen or stateless persons from the educational organization, if so The notification is required in accordance with federal law, or a violation by an educational organization of the established procedure for filing such a notice- shall impose an administrative fine on officials in the amount of 30 50,000 rubles ($1,150); and five thousand rubles ($1,5) in the first half of this year. 3. Failure to notify the educational organization of the territorial body of the federal executive authority, authorized in the field of security of the Russian Federation, of unauthorized departure of a foreign citizen or stateless person from the territory of the Russian Federation. If such notification is required by a federal law or if the educational organization is in breach of the established procedure for the filing of such notification, the shall impose an administrative fine on the organization. 50,000 rubles ($91,000); Article 23.1 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2) (1) (2)) -18.18, "to be supplemented by the words" Article 18.19 (1) ","; "; 4) in article 28.3, paragraph 2: (a), paragraph 15, after the words" articles 18.11 to 18.14 ", insert the words" Parts 2 and 3 of Article 18.19, "; (b) paragraph 56 after the words "specified products)," to be supplemented by the words "part 3 of article 18.19,"; , paragraph 90, after The words "article 5.57," should be supplemented with the words "article 18.19, paragraph 2,". Article 5, paragraph 56, of Article 110 of the Federal Law of 29 December 2012, No. 273-FZ "On education in the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7598), replace "14, 15 and 17" with "14 and 15". Article 6 1. This Federal Act shall enter into force on 1 January 2014, with the exception of article 5 of this Federal Law. 2. Article 5 of this Federal Law shall enter into force on the date of the official publication of this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 203-FZ