Russian law provides a certain range of legal opportunities and rights for persons who are foreigners. Let us consider in more detail their complete list, as well as what specific regulatory acts this is enshrined in at the legislative level.
About foreign citizens
Russian law recognizes as foreign citizens all individuals who do not have legal citizenship of the Russian Federation. However, in order to be recognized as such, these persons must comply with a specific requirement. Namely, to have legal confirmation of their citizenship of any other country.
It should be noted that in his absence, an individual will be recognized as stateless. Therefore, it will enjoy the privileges provided for by a different status. That is, stateless persons.
With regard to the legal status of foreign citizens, it is presented in the form of a separate status, which persons, staying on the territory of the Russian Federation, receive on the basis of a certain number of regulatory acts. It should be noted that, on the basis of this status, citizens of other states bear all the obligations in exactly the same volume as the Russians. However, the legislator provides for certain exceptions for this group of persons, which will be discussed later.
Normative regulation
The largest volume of all the components of the legal status of the considered group of persons is provided for in the norms prescribed by the Federal Law "On the Legal Status of Foreign Citizens". Its content prescribes certain exceptions, which are provided for by the legal status of persons who are citizens of other states.
Some provisions are prescribed in articles of the Constitution of the Russian Federation. It is in them that it is recorded that all representatives of the considered group of persons bear rights and obligations, along with citizens of the Russian Federation. But subject to some exceptions.
The Constitution prescribes the prevention of certain isolation of persons referred to citizenship of other countries, which is manifested in their ability to freely move, study, work and enjoy natural rights while in Russia.
In addition to these regulatory legal acts, the legal status of foreign citizens in the Russian Federation is also fixed by some other laws, individual decrees of the President of the Russian Federation, as well as resolutions issued by the Government. This group of acts also includes all those international treaties, documents and acts, the content of which prescribes not only certain features of the legal status of foreign citizens, but also individual rights, guarantees, freedoms and some duties. Such documents also regulate not only the actual location, but also residence on the territory of the Russian Federation.
Principles on which the legislation on the legal status of foreign citizens in the Russian Federation is based
Legal regulation of the status of the considered group of persons is carried out taking into account certain principles, which are based on a number of certain principles. What are they?
First of all, among the principles, taking into account which the norms constituting the legal status of foreign citizens in the Russian Federation are prescribed, is equality. It manifests itself in the fact that all the rules established for foreigners are exactly the same as for the Russians themselves. In addition, the acts governing the provisions in this area provide for respect for the rights and fundamental freedoms granted to both a person and a citizen of any country.
No state can prevent foreigners from leaving its territory. In addition, the principles on which legislative norms are based provide for a ban on the introduction of certain restrictions or restrictions on foreigners, manifested on the basis of their religious or racial affiliation, religion, knowledge of languages, etc.
Russia is a country that provides all foreigners, without exception, basic legal freedoms and guarantees. This is expressed, first of all, in the fact that any citizen of another state has the right to appeal to the judicial or administrative authorities for legal protection, as a result of which adequate sanctions are provided for all violators of legal freedoms and rights, as provided for by Russian law.
Duration of stay
Federal Law 115 “On the Legal Status of Foreign Citizens” prescribes a certain period during which a person who is a citizen of another state has the right to stay in the territorial limits of Russia.
Article 5 states that it can be determined by the period during which the visa issued to him is considered valid. However, the legislator provides for some exceptions in this case. In particular, they concern those individuals who arrived on the territory of the Russian Federation as part of a visa-free entry regime. Under such conditions, a person has the right to stay in Russia for no more than 90 calendar days.
After the expiration of the permitted period of stay, a foreign citizen is obliged to leave the territory of the Russian Federation, which does not apply to cases where the permissible period of stay has been extended legally. An exception is also the case when a person has submitted documents for obtaining state consent for temporary (urgent) residence in Russia.
As for the permit for urgent residence in the territorial boundaries of the Russian Federation, it can be issued exclusively within the framework of the quota, which is previously approved by the Government of the country. The period during which an urgent stay can be carried out is not more than three years.
The type of permit under consideration may also be issued outside the numerical framework established by the quota. The group of people who can benefit from this privilege includes those people who have ever been born on the territory of the Russian Federation or the RSFSR. Also, this rule applies to persons who were formerly citizens of the USSR.
The group of Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" also includes those who have at least one parent - a Russian citizen who is legally recognized as disabled. This rule also applies in the reverse order. That is, in relation to parents who have a disabled child, a citizen of the Russian Federation.
In the event that a person is married to a citizen of the Russian Federation, he can also apply for a permit for temporary (urgent) residence outside the quota framework. Preferential conditions for obtaining the type of permit under consideration also apply to those individuals who make investments in various sectors of the Russian economy, thereby developing it.
In addition to all this, the legislator also additionally provides for a certain list of persons who can use the privilege mentioned above - a full list of such is prescribed in article 6 of the Federal Law "On the Legal Status of Foreign Citizens".
Identity documents of a foreigner in Russia
Due to the fact that a foreigner who has been in the territory of the Russian Federation for a certain period does not have a certificate attesting to the citizenship of the Russian Federation, the legislator establishes a number of documents that replace him by their strength. It should be noted that foreigners, on the basis of the Law "On the Legal Status of Foreign Citizens in the Russian Federation", the category of persons in question has the right to prove their identity with the help of a document that he uses for this in his native state. It can also be replaced by a valid passport.
International treaties concluded with other countries may establish a certain list of documents by which their citizens have the right to prove their identity while staying within the Russian Federation.
Representatives of a group of foreigners who have a permanent residence permit or permit for a long stay in the territorial borders of the Russian Federation can also prove their identity by presenting documents proving these facts.
In the event that the alien is on the territory of Russia on illegal grounds, then the federal security agencies are engaged in his identification, which is carried out in the manner provided by law. To carry out such an operation, permission of the head of the executive authority of a specific region or migration service must be issued.
Movement
The constitutional legal status of foreign citizens who are within the territorial limits of the Russian Federation provides for their observance of all legal interests and natural rights. One of them concerns freedom of movement.
Foreigners have the right to carry out their movement both for personal and business purposes. These actions can be performed only if they have documents with which they can legally verify their identity within the Russian Federation. However, the legislator provides for some minor restrictions on the movement of foreigners. First of all, they relate to those organizations, objects and territories, access to which is possible only by special permits. A complete list of such facilities and organizations is established on the basis of a resolution issued by the Government of the Russian Federation.
A citizen of a foreign state who has lawfully resided in the territory of the Russian Federation for a long period has the right to change his place of residence, but only within the territories to which his right of temporary residence applies.
Foreign citizens and suffrage
The legal status of foreign citizens and stateless persons provides for certain prohibitions in the field of suffrage, valid within the Russian Federation.
So, people who are not legal citizens of the Russian Federation cannot participate in election processes. Moreover, both in the role of the elect, and as a voter. Also, the indicated group of persons is banned from participating in referenda of various significance.
It should be noted that these prohibitions partially do not apply to those who are considered foreign citizens who have long-term residents of the Russian Federation (on legal grounds). Representatives of this group of persons can participate in local referenda, as well as in elections held by local authorities in specific regions (as a voter or an elected person).
Labor activity
Citizens of other states who legally reside in the Russian Federation have the right to work within the state, but under the conditions prescribed by the legislative acts of the Russian Federation.
The legal status of foreign citizens in the Russian Federation gives them the opportunity to freely dispose of their existing abilities to work, to independently choose the type of activity, as well as the place where skills are sold.
Moreover, foreigners can conduct entrepreneurial or any economic activity that is not prohibited by law. This opportunity is provided only after a foreign citizen has reached the age of 18 and has received a registered permit to work or an appropriate patent.
Representatives of certain groups of the population are exempted from fulfilling the prescribed requirement, which include state program participants residing within the Russian Federation on a temporary or permanent basis, employees of diplomatic missions of other states, as well as members of their families who have legally moved to Russia.
This rule also does not apply to students receiving education at Russian universities and carry out labor activities during the holidays. A more complete list of those who do not require a special permit to work in Russia is presented in article 13 of Federal Law 115 “On the Legal Status of Foreign Citizens”.
Considering the features of employment by foreign citizens on the territory of the Russian Federation, one should pay attention to the fact that their employer can be exclusively a legal or natural person who has previously obtained legal permission to employ foreign workers.
Persons who plan to conduct labor activities in the Russian Federation, being highly qualified specialists in a certain field of activity, medical or scientific workers, have a certain status. The law establishes that their minimum monthly salary should be 83,500 rubles or more. Wage requirements are not established for specialists who plan to conduct labor activities as part of the Skolkovo project.
As mentioned earlier, in order to attract foreign workers to work, Russian employers are required to have a special permit. This rule does not apply to employers located within the free port of Vladivostok.
However, it should be noted that in the process of hiring at enterprises registered in this territorial part of the Russian Federation, those who have legal Russian citizenship have priority.
Foreign citizens and service
The Law “On the Legal Status of Foreign Citizens” provides for certain bans for the group of persons in question in the field of military, municipal and public service.
In accordance with the provisions presented in the articles of this normative legal act, persons who are among citizens of foreign states do not have the right to hold positions at posts in organizations related to these industries, as well as to take up service in the bodies entrusted with the task security of the Russian Federation.
Similar prohibitions also apply to the participation of foreigners in ships and aircraft as part of the crew. Only those foreign citizens who simultaneously have the citizenship of the Russian Federation have the right to replace public positions.
Citizens of other states cannot take the role of conscripts for alternative civilian and military service, however, if they wish, they have the right to join the Russian army on a contract basis, but only in the number of rank and file.
The content of foreign citizens in social institutions
The legal status of foreign citizens and persons without citizenship of any country provides for special conditions of detention in social institutions. For the most part, these rules are based on the norms and principles prescribed by international law, as well as acts in force within the Russian Federation.
So, on the basis of the Federal Law "On the Legal Status of Foreign Citizens", any measures that could cause them physical or mental suffering cannot be applied to persons who are foreigners and are held in institutions of this type.
They may be subject to personal searches. However, the whole procedure is carried out on the basis of the provisions presented in the legislation.
In the Federal Law 115 "On the legal status of foreign citizens it is said that a personal search can be carried out only in the presence of a pair of witnesses of the same gender. These persons should not be interested in the outcome of the search. Any actions performed by officials of these places should be carried out at based on the principles of humanism, respect for human dignity, legality, security and the protection of health and life.This is required by the legal status of foreign citizens in the Russian Federation.
It should be noted that, like Russian citizens, foreigners held in social institutions may be subject to round-the-clock surveillance. Article 35.2 of the Law "On the Legal Status of Foreign Citizens in the Russian Federation" states that this action is allowed to be carried out using technical means. But everyone must be notified in advance of such availability.
In the event that the lawful interests and rights of foreigners were violated during the detention process, the guilty person is required to bear responsibility on the basis of the requirements established by Russian law.
State control
In the Russian Federation, migration records of incoming and leaving citizens of other countries, as well as persons without citizenship, are maintained on an ongoing basis. This control is carried out not only in the field of migration, but also in the field of employment, education, observance of legitimate interests, freedoms and rights, etc. During this process, specialized state bodies monitor how foreigners live within the Russian Federation, as well as in each region of the country.
Control over all the above areas in relation to persons who have the status of a diplomat is carried out by authorities at the federal level. Migration control is carried out by recording cards received and completed at the time of entry of a foreign citizen into the country.
As for the control in the field of labor of a foreigner in the territory of the Russian Federation, he is also carried out by executive authorities. Its essence is to study the working conditions provided to the employee, as well as the employer's compliance with all the requirements prescribed by law in relation to the hiring of foreign employees. Control of this kind is carried out by conducting scheduled inspections, as well as weekly unscheduled. In addition, very often the bodies under review carry out general monitoring of the situation.
Protection of the rights of foreign citizens
The legislation, which establishes the basis of the legal status of foreign citizens, indicates that the ombudsman deals with the person who exercises control over the observance of the legitimate interests and rights of the group of people in Russia in question. It is incumbent upon him to promote, by any means, the restoration of violated rights.
Also, the person appointed to this position is obliged to improve the legislation in the field of protection of man and citizen.
In order to draw attention to his problem and demand its solution, a foreign citizen can file complaints in the name of the Ombudsman, petitions and petitions.