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On Amendments To Certain Legislative Acts Of The Russian Federation With Regard To The Improvement Of The Legislation Of The Russian Federation Concerning The Specialized Agencies In The Field Of Migration

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части совершенствования законодательства Российской Федерации, касающегося специальных учреждений в сфере миграции

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RUSSIAN FEDERATION FEDERAL LAW On introducing amendments to certain legislative acts of the Russian Federation in part of the improvement of the legislation of the Russian Federation, On special agencies in the field of migration adopted by the State Duma on July 4, 2014 Approved by the Federation Council on July 9, 2014 Federal Act dated 08.03.2015 N 23-FZ) Article 1 Amend the Code of the Russian Federation on Administrative Offences (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; N 44, sect. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13; N 10, est. 763; N 13, est. 1077; N 19, est. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; 2006, N 1, st. 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. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 30, sect. 3755; N 31, st. 4007; N 41, est. 4845; N 43, sect. 5084; 2008, N 18, sect. 1941; N 30 3604; 2009, N 7, est. 777; N 23, st. 2759; N 26, st. 3120, 3122; N 29, 100. 3642; N 30, stop. 3739; N 52, sect. 6412; 2010, N 1, st. 1; N 21, sect. 2525; N 23, st. 2790; N 30, sect. 4006, 4007; N 31, est. 4164, 4195, 4207, 4208; N 49, sect. 6409; 2011, N 1, st. 10, 23, 54; N 7, st. 901; N 17, sect. 2310; N 23, st. 3260; N 27, est. 3873; N 29, st. 4289, 4298; N 30, sect. 4573, 4585, 4590, 4598, 4600, 4605; N 46, st. 6406; N 50, sect. 7345, 7345, 7351, 7352, 7355, 7362, 7366; 2012, N 10, st. 1166; N 19, est. 2278, 2281; N 24, est. 3082; N 31, st. 4320, 4330; N 47, sect. 6402, 6403; N 49, est. 6757; N 50, sect. 6967; N 53, est. 7577, 7602, 7640; 2013, N 14, st. 1651, 1666; N 19, est. 2323; N 26, st. 3207, 3208; N 27, sect. 3454, 3470; N 30, est. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; N 31, st. 4191; N 43, sect. 5443, 5444; N 44, est. 5643; N 48, sect. 6161, 6165; N 49, sect. 6327, 6341; N 51, est. 6683, 6685, 6695; N 52, st. 6961, 6980, 6986, 7002; 2014, N 6, st. 559, 566; N 11, sect. 1092; N 14, est. 1562; N 19, 2302, 2306, 2310, 2324, 2325, 2325, 2326, 2327, 2330, 2335; Russian newspaper, 2014, 25 June, 3 July) the following changes: 1) in part 5 of Article 3.10 the words " for the placement of foreign nationals and stateless persons subject to administrative In the Russian Federation, expulsion from the Russian Federation "shall be replaced by the words" provided by the Federal Act No. 115 of 25 July 2002 on the legal status of foreign nationals in the Russian Federation "; (2) in article 18.18: (a) in part 1 words " intended for the temporary accommodation of foreign nationals and persons without "The legal status of foreign nationals in the Russian Federation" Federations ","; b) add to parts 3 and 4 as follows: " 3. Non-compliance with the terms and conditions of detention (stay) of a foreign national or stateless person in a special institution established by Federal Act No. 115 of 25 July 2002 on the legal status of foreign nationals in the Russian Federation Federation ", which resulted in the violation of the health rules and regulations or the requirements of the fire safety or security of the property of the special institutions, or the commission of acts violating the rights and freedoms of other persons or degrading their human dignity, or life and health, as well as life and health Other persons-- is punishable by an administrative fine of 500 rubles to one thousand rubles. 4. The same acts, which involve failure to comply with the legal requirements of the employees of special institutions or officials of the territorial bodies of the federal executive authority authorized to carry out monitoring and supervisory functions in the The scope of migration, or obstruction of compliance by such workers, officials or persons acting in the protection of public order or the disruption of public order, of their official duties,- shall be subject to an administrative fine in the amount of Thousands of up to two thousand five roubles. "; (3) paragraph 12, paragraph 12, of article 27.1, set out the following: " 12) the placement of foreign nationals or stateless persons subject to administrative expulsion from the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION in Article 27.19: a) in Part 1 of the phrase " OF THE PRESIDENT OF THE RUSSIAN FEDERATION On 25 July 2002, N. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", "; b) in Part 3 of the phrase" of the federal executive authority authorized to carry out the functions of control and supervision in the sphere of migration, " be replaced by the words "provided by the Federal Act of 25 July 2002" N 115-FZ "On the legal status of foreign citizens in the Russian Federation", "; 5) in article 28.3: (a) in paragraph 1 of the figure" 18.18, "be replaced by the words" parts 1, 3 and 4 of article 18.18, articles "; b) in paragraph 14. Replace the words "article 18.18" with "Parts 1 and 2 of article 18.18". Article 2 Amend the federal law of 25 July 2002 on the legal status of foreign citizens in the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3032; 2003, N 27, sect. 2700; N 46, sect. 4437; 2004, N 35, sect. 3607; N 45, sect. 4377; 2006, N 30, sect. 3286; N 31, st. 3420; 2007, N 1, est. 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 30, st. 4011; 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 30, est. 4590; N 47, st. 6608; N 49, sect. 7043, 7061; N 50, stop. 7342, 7352; 2012, N 31, est. 4322; N 47, st. 6396, 6397; N 50, est. 6967; N 53, est. 7640, 7645; 2013, N 19, 100. 2309, 2310; N 23, 100. 2866; N 27, est. 3461, 3470, 3477; N 30, sect. 4036, 4037, 4040, 4057, 4081; N 52, est. 6949, 6951, 6954, 6955, 7007; 2014, N 16, st. 1828, 1830, 1831; N 19, st. 2311, 2322; Russian newspaper, 2014, June 25) the following changes: 1) in article 31: (a) in paragraph 9: in the first paragraph of the word "by court decision" delete; paragraphs 2 and 3 shall be declared invalid; (b) paragraph 9-1 to be declared void; in) to supplement paragraphs 9-2 to 9-4 as follows: " 9-2. Delivery of a foreign national subject to deportation to a special institution and, if necessary, to a medical organization, to a diplomatic mission or to a foreign consular office OF THE PRESIDENT OF THE RUSSIAN FEDERATION the scope of migration. On the basis of the relevant reasoned request of the territorial body of the federal executive branch in the sphere of migration, the internal affairs agencies shall assist in the delivery and escort of foreign nationals specified in the paragraph 1 of this paragraph. 9-3. The premises of a foreign national to be deported to a special institution for a period not exceeding forty-eight hours shall be exercised by the federal executive authority in the field of migration or its territorial authority on the basis of The decision of the head of the said federal authority or his deputy or the head of the relevant territorial body of the federal executive authority in the field of migration or his deputy. 9-4. Except as provided in paragraph 9-3 of this article, the placement in a special institution of foreign nationals subject to deportation may only be effected by a court decision. "; 2) in article 32-2: (a) In paragraph 1: , the words "the head of a designated federal authority or his deputy for the readmission of a designated foreign national" shall be replaced by the words "readmission"; , add the following paragraph: List of officials of the federal executive branch The scope of migration and its territorial bodies authorized to make decisions on readmission are approved by the federal authority. "; b) in paragraph 2: words" may be temporarily placed in a special institution " The words "may be held in a special institution"; to be supplemented with the following paragraph: " A foreign national subject to readmission shall be placed in a special institution in case of absence of the document that validates the identity of the person. "; in) in the paragraph In the first paragraph, the words "health care institution" should be replaced by the words "where medical indications are available in the medical organization; in"; g) in paragraph 4, the words "Temporary accommodation" should be replaced by the word "premises", the words "special institution". Replace the words "special institution"; (d) in paragraph 5 replace "temporary accommodation" with "premises", the words "special institution" should be replaced with the words "special institution"; (e) in paragraph 6 of the word "Temporary". replace by "Content"; , paras. 7-10. (c) In paragraph 11, replace the words "temporary accommodation" with the word "content"; (3) article 32 to 3, recognizing no force; 4) paragraphs 2 and 3 of article 34; and 34, paragraph 5-1, of the words "no." force; 5) to add the following content to Chapter VI-1: " Chapter VI-1. CONTENTS OF FOREIGN MILITARY NATIONALITY Article 35-1. Fundamics of Foreign Citizens in Special Institutions 1. The content of foreign nationals in institutions provides for the restriction of the freedom of movement of foreign nationals who have been placed in them, excluding the possibility of abandonment of these institutions, in order to ensure the implementation of the adopted In accordance with the Code of Administrative Offences of the Russian Federation and the present Federal Act, the judges ' decisions on the imposition of an administrative penalty in the form of forcible expulsion from the Russian Federation Deportation or decisions on the transfer of a foreign national OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation on readmission. In order to execute the decisions of the court and officials of the federal executive branch in the sphere of migration or its relevant territorial body, foreign citizens shall be delivered in order to execute the decisions referred to in the first paragraph of this paragraph. Special agencies. 2. Foreign citizens are held in special institutions in accordance with the principles of legality, humanism, respect for human dignity, personal safety, and protection of citizens ' health. 3. Persons placed in institutions are not discriminated against or accorded privileges and privileges on grounds of sex, race, nationality, language, origin, property and official status, place of residence, attitude to Religion, belief, membership of voluntary associations and other circumstances. 4. The content (stay) of a foreign citizen in a special institution shall be carried out prior to his administrative expulsion from the Russian Federation, deportation or transfer by the Russian Federation to a foreign State according to OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. The conditions and procedure for maintaining (stay), including primary health care, are established by the Government of the Russian Federation. 6. In order to ensure the safety of foreign nationals held in special institutions, as well as staff of special institutions, other persons in the territories of special institutions are concerned with the protection of the institutions in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. The model requirements for the design, technical equipment and equipment of special institutions are established by the federal executive authority in the field of migration. Article 35-2. Rights and duties of special foreign citizens 1. The content (stay) of foreign nationals in institutions should not be accompanied by physical or mental suffering for such persons. 2. Foreign nationals held in special facilities are subject to body searches and inspection of their objects and objects in accordance with the procedure established by this Federal Act. 3. Foreign citizens in a special institution are subject to round-the-clock monitoring and supervision. Audio-visual, electronic and other technical means may be used in institutions for the purpose of exercising such control and supervision and to prevent violations of established conditions and procedures for the maintenance of foreign nationals. Monitoring and oversight. Foreign nationals held in special institutions are notified of the possibility of the application of technical means of control and supervision. 4. In violation of the conditions and procedures for the maintenance of foreign citizens in special institutions, foreign citizens are held responsible in accordance with the procedure provided for in the legislation of the Russian Federation. Article 35-3. The order of the personal inspection of the foreign nationals held in the specialized agencies, and the inspection of things and subjects located at the specified foreign 1. Unless otherwise provided for by federal law, body searches of foreign nationals, inspection of objects and objects held by foreign nationals are carried out upon arrival at a special institution in the event of a foreign delivery a citizen from a court, a medical organization or a diplomatic mission or a consular office of a foreign State in the Russian Federation or, as required, during the period of foreign nationals in a special institution by an officer of the territorial body of the federal executive The authorities in the field of migration of the same sex, in the presence of two witnesses of the same sex, who are not interested in the outcome of this search. 2. The inspection of a foreign national contained in a special institution and (or) the inspection of the items of a foreign national shall be subject to an act. Such an act shall specify the date and place of its writing, the title, the name and the initials of the official who drafted the act, the information about the foreign national in respect of whom a person's search and (or) inspection of the items are effected, The number and the identification marks of the items of the said foreign national about the type and details of the documents found during the said inspection. The form of the personal inspection of a foreign national contained in a special institution and (or) the inspection of the items of a foreign national is approved by the federal executive authority in the field of migration. 3. An act of personal inspection of a foreign national contained in a special institution and (or) the inspection of the items of a foreign national who has been said to have been signed by the official who has been said to be a foreign national understood. In case of refusal of the said foreign national from the signing of such an act, the corresponding record shall be made therein. 4. A copy of the personal inspection certificate of a foreign national contained in a special institution and (or) the inspection of the items of the foreign national shall be handed to the alien. 5. In the event of the finding of a foreign national contained in a special institution, the items seized from circulation or restricted in circulation in accordance with the legislation of the Russian Federation and the international treaties of the Russian Federation, The removal of such items is under way. 6. The removal of things from a foreign national held in a special institution is an act. Such an act shall specify the date and place of its establishment, the position, the name and the initials of the official who drafted the act, the particulars of the foreign national concerned, the type, quantity and identity of the seized items. The form of an exemption act from a foreign national held in a special institution is approved by the federal executive authority in the field of migration. 7. In the act of removing items from a foreign national contained in a special institution, a record of photo and filmmaking, video recording and other established methods of commitment applied in the seizure is made. 8. The act on the removal of things from a foreign national held in a special institution shall be signed by the official who wrote the act, who is said to be a foreign national and understood. In case of refusal of the said foreign national from the signing of such an act, the corresponding record shall be made therein. 9. A copy of the act of removal of the goods from a foreign national held in a special institution shall be handed to the designated foreign national. 10. The removal of things from a foreign national held in a special institution shall be promptly notified to the internal affairs authority at the place of removal of the said items or at the place of residence of the special institution where the foreign national is held. Citizen. 11. Hazardous substances and objects which are not authorized to be kept by a foreign national held in a special institution shall be subject to the temporary storage of the official of the institution in charge of the act. The list of dangerous substances and objects prohibited by foreign nationals held in a special institution is approved by the federal executive authority in the field of migration. ". Article 3 (Overtaken by Federal Law of 08.03.2015) N 23-FZ) Article 4 Admit invalid: 1) paragraph 1, paragraphs 11 to 14, and seventeenth to thirtieth paragraph 3 of article 2 of Federal Law dated July 23, 2010 N 180-FZ " On introducing amendments to certain legislative acts of the Russian Federation in connection with the implementation of international agreements of the Russian Federation Russian readmission " (Legislative Assembly of the Russian Federation, 2010, N 30, art. 4011); 2) subparagraphs (b) and (b) and (b) of the third and fourth indent of article 3, paragraph 2 (b), of the Federal Law of 6 December 2011 The Parliament of the Russian Federation, the Parliament of the Russian Federation, the Parliament of the Russian Federation, the Parliament of the Russian Federation, the Parliament of the Russian Federation, the Parliament of the Russian Federation, the Parliament of the Russian Federation, the Parliament of the Russian Federation and the Russian Federation. 7352); 3) paragraphs 3-5 of subparagraph (a) and (b) of paragraph 2, subparagraphs (e)-(e) and (3), paragraph 4, subparagraphs (e) and (d) (b), fifth subparagraph (a) and (b), of article 1 (7) of the Federal Act N 384-FZ " On amending the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation " (Legislative Assembly Russian Federation, 2013, N 52, 6949). President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 July 2014 N 232-FZ