Article 322 of the Criminal Code: "Illegal crossing of the state border of the Russian Federation"

In Art. 322 of the Criminal Code (in new wording) a punishment has been established for persons crossing the state border of Russia without valid documents giving the right to enter or leave its territory. The sanctions of the article also apply to individuals moving without proper permission, issued in the manner prescribed by the law of the country. This is the main Corpus delicti.

Punishment

For these acts, the perpetrator faces a punishment:

1. Up to 200 thousand p. a fine (or in the amount of salary / other income for one and a half years).
2. Forced work.
3. Imprisonment.

The duration of the last two sentences under Art. 322 of the Criminal Code - up to 2 years.

Qualifying Compositions

For crossing the state border of Russia upon entry into the country by a foreign citizen or a person who does not have citizenship, if it is obviously not allowed for them on the grounds established by law, the following types of punishment are provided:

1. Up to 300 thousand p. a fine.
2. Deprivation of liberty.
3. Forced work.

The duration of the last two sanctions under Art. 322 of the Criminal Code - up to 4 years. Crimes provided for in parts one and two, which are committed by an organized group or by prior conspiracy, as well as with the use of violence or under the threat of using it, shall be punished with six years in prison.

Art. 322 h. 2 of the Criminal Code: comments

The effect of this article does not cover cases of arrival of foreign citizens and individuals without citizenship / citizenship, in violation of the rules established for the lawful crossing of the state border of the country, if:

1. These entities exercise their right to political asylum. Such a legal opportunity is provided for in the Constitution of the Russian Federation.
2. In the actions of these persons there is no other corpus delicti.

The procedure in accordance with which political asylum is granted for foreigners and people who do not have citizenship / citizenship of another country is regulated by the relevant by-laws and regulations.

Objective part

The procedure for crossing the state border established in regulatory enactments of the country acts as a direct object of encroachment. The objective side of the crime according to Art. 322 of the Criminal Code of the Russian Federation form actions consisting in the direct crossing of the line:

1. Without valid documents allowing entry / exit.
2. Without permission obtained in accordance with the rules of law.

Art. 322: note

As a mandatory feature of the objective part of the attack is the place of its commission. It is the state border of the Russian Federation. The State Border is a line and a vertical surface running along it, defining the borders of the country (airspace, bowels, water, land). In other words, this is the spatial limit to which the sovereignty of the state acts (or from which it begins). Crossing the state border by persons and transport by land is carried out on the routes of international road, rail or other places established in accordance with Russian agreements with other countries or government decisions. Composition of a crime under Art. 322 of the Criminal Code is considered formal. The act is considered completed from the moment the perpetrator crossed the state border (regardless of direction).

Pass Features

The relevant valid documents act as the basis allowing the movement of goods, persons, vehicles, animals and goods across the state border. Entrance to checkpoints, as well as exit, import / export of objects is carried out in special places at the passes. They are issued by the administration of aerodromes, airports, railway and bus stations, stations, and other transport enterprises after coordination with the border troops and agencies. Entry / exit of Russian citizens is carried out according to documents proving their identity outside the country. The procedure in accordance with which they are issued and seized is established in the Federal Law No. 114. Foreign citizens and stateless persons must present valid documents proving their identity upon entry and exit, as well as a visa, unless otherwise provided by international agreement.

Documents

In the proceedings of crimes falling under Art. 322 of the Criminal Code, judicial practice focuses on a number of provisions. In particular, the documents used for entry / exit are:

1. For Russian citizens - a diplomatic, domestic, official passport or a sailor's certificate.
2. For foreigners and stateless entities - documents by which they can be identified, and in certain cases - a visa, which is issued by the corresponding diplomatic mission or consular post outside of Russia.
3. For transit passengers (foreigners and stateless persons) - a transport visa, permission to enter neighboring countries or countries of destination, as well as valid documents for leaving Russia.

Exceptions

The legislation provides for a number of circumstances that are not covered by this article. In particular, actions committed when:

• An accident.
• A natural disaster or accident that threatens the safety of a foreign ship (including an aircraft), a military foreign ship, or any other public facility used for non-commercial purposes.
• Severe storm, ice conditions or ice drift.
• Towing a damaged foreign ship, including a military one, used for non-commercial purposes.
• Delivery of saved people.
• Providing medical assistance to passengers or crew members.
• Other extraordinary circumstances.

Subjective part

A natural person (sane) who has reached 16 years of age may be guilty. The subjective part of the crime is guilt in the form of direct intent. In the disposition of part two there is an indication of deliberate. It means that the perpetrator knew in advance that his actions were illegal. This explains the characteristics of the subjective side. Both a Russian citizen and a foreigner or an individual who does not have citizenship can be guilty.

Aggravating circumstances

They are formulated in the third part of this article. In particular, liability is tightened for the acts provided for in part 1 and part 2, if they are committed:

1. An organized group or pre-conspiracy entities.
2. Using violent acts or with the threat of their use.

The definition of the concept of a group of persons in a preliminary conspiracy, as well as an organized criminal community, is disclosed in Art. 35 of the Code. Violent actions when crossing the state border should be considered a way that involves the maximum moderate damage to health. If, during the commission of a crime, intentionally damages the physical condition of the victim, the act is additionally qualified under Art. 111 of the Code. Threats can come in many forms. Their character is always associated with physical abuse. This category, among other things, includes death threats. In this composition, the health of an individual (usually employees who control the procedure for crossing the state border of Russia) acts as an additional object.

Additionally

For direct crossing of the state border, liability is established in Art. 322 of the Criminal Code. Illegal organization of migration is a separate norm. Persons committing such a crime are not considered as accomplices or accomplices. Their liability is qualified under Art. 322.1 of the Criminal Code. The delimitation of crime allows you to prevent the activities of criminal communities that ensure the illegal movement of entities across the state border on a commercial basis. The likelihood of criminal liability tightens control over the activities of the border service. The established differentiation has become especially relevant in the context of the aggravated migration crisis.

Fictitious registration of a foreigner or stateless person

This act forms a separate composition from the above and is covered by Art. 322.3. Fictitious registration of foreigners or stateless entities at the place of their stay in residential premises on the territory of Russia shall be punished:

1. 3 years of forced labor.
2. Imprisonment of up to 3 liters.
3. A fine of 100-500 thousand p. or equal salary / income of the offender for 3 g.

In addition to the first two sentences, the court has the right to prohibit the subject from engaging in any particular activity or to remain at a particular post for 3 years. Commentary Art. 322.3 of the Criminal Code of the Russian Federation as a fictitious registration refers to the registration when providing knowingly false (inaccurate) documents or information, as well as in the absence of the intention of the registered to reside (stay) in the premises or provide them with the host. A subject may be exempted from liability under this article if he contributed to the disclosure of this crime, and in his actions no signs of a different composition were revealed.