ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION AND MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of September 28, 2018 No. 198/633

About approval of Regulations of interaction of Federal Penitentiary Service, Ministry of Internal Affairs of the Russian Federation and their territorial authorities in case of execution of the foreign citizens or the stateless persons which are subject to release from the places of detention and taken out by Federal Penitentiary Service (territorial authority of Federal Penitentiary Service) of decisions on not permission of entry into the Russian Federation concerning the foreign citizens or persons without citizenship condemned for making of intentional crime made by the Ministry of Justice of the Russian Federation of decisions on undesirability of stay (residence) in the Russian Federation

According to article 25.10 of the Federal Law of 15.08.1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" (The Russian Federation Code, 1996, No. 34, Art. 4029; 2003, No. 2, Art. 159; 2006, No. 31 (h 1), Art. 3420; 2008, No. 19, Art. 2094; 2013, No. 30 (h 1), Art. 4057; 2016, No. 1 (h 1), Art. 58; 2017, No. 17, the Art. 2460, No. 27, the Art. 3928, No. 31 (h 1), the Art. 4819) and Item 1.2 of Standard regulations of the interaction of federal executive bodies approved by the order of the Government of the Russian Federation of 19.01.2005 No. 30 (The Russian Federation Code, 2005, No. 4, the Art. 305, No. 47, Art. 4933; 2007, No. 43, Art. 5202; 2008, No. 9, Art. 852, No. 14, Art. 1413; 2009, No. 12, Art. 1429, No. 25, Art. 3060, No. 41, Art. 4790, No. 49 (h 2), Art. 5970; 2010, No. 22, Art. 2776, No. 40, Art. 5072; 2011, No. 34, Art. 4986, No. 35, Art. 5092; 2012, No. 37, Art. 4996, No. 38, Art. 5102; 2015, No. 2, Art. 461, No. 6, Art. 965, No. 15, Art. 2281; 2017, 29, of the Art. 4374), for the purpose of the organization of interaction in case of execution of the decisions on undesirability of stay (residence) in the Russian Federation made by the Ministry of Justice of the Russian Federation of the foreign citizens or stateless persons which are subject to release from the places of detention and taken out by Federal Penitentiary Service (territorial authority of Federal Penitentiary Service) of decisions on not permission of entry into the Russian Federation concerning the foreign citizens or persons without citizenship condemned for making of intentional crime, we order to No.:

1. Approve the enclosed Regulations of interaction of Federal Penitentiary Service, Ministry of Internal Affairs of the Russian Federation and their territorial authorities in case of execution of the foreign citizens or the stateless persons which are subject to release from the places of detention and taken out by Federal Penitentiary Service (territorial authority of Federal Penitentiary Service) of decisions on not permission of entry into the Russian Federation concerning the foreign citizens or persons without citizenship condemned for making of intentional crime made by the Ministry of Justice of the Russian Federation of decisions on undesirability of stay (residence) in the Russian Federation.

2. Recognize not as No. 225/240 which is subject to application the order of the Ministry of Justice of the Russian Federation and Federal Migration Service of October 7, 2008 "About approval of Regulations of interaction of Federal Penitentiary Service and Federal Migration Service, their territorial authorities on control of execution of the decisions on undesirability of stay (residence) in the Russian Federation passed by the Ministry of Justice of the Russian Federation of the foreign citizens and stateless persons which are subject to release from places of detention" (it is registered by the Ministry of Justice of the Russian Federation 20.10. 2008, registration No. 12491).

3. To impose control of execution of this order on the deputy minister of justice of the Russian Federation V. V. Fedorov and the First Deputy Minister of Internal Affairs of the Russian Federation A. V. Gorovy.

Approved by the Order of the Ministry of Justice of the Russian Federation and Ministry of Internal Affairs of the Russian Federation of September 28, 2018, No. 198/633

Regulations of interaction of Federal Penitentiary Service, Ministry of Internal Affairs of the Russian Federation and their territorial authorities in case of execution of the foreign citizens or the stateless persons which are subject to release from the places of detention and taken out by Federal Penitentiary Service (territorial authority of Federal Penitentiary Service) of decisions on not permission of entry into the Russian Federation concerning the foreign citizens or persons without citizenship condemned for making of intentional crime made by the Ministry of Justice of the Russian Federation of decisions on undesirability of stay (residence) in the Russian Federation

I. General provisions

1. These Regulations establish procedure for the organization of interaction of FSIN of Russia and the Ministry of Internal Affairs of Russia, their territorial authorities concerning exchange of information when implementing the actions connected with execution of the foreign citizens or the stateless persons which are subject to release from the places of detention <1> and taken out by FSIN of Russia (territorial authority of FSIN of Russia) of decisions on not permission of entry into the Russian Federation concerning the foreign citizens or persons without citizenship condemned for making of intentional crime <2> made by the Ministry of Justice of the Russian Federation of decisions on undesirability of stay (residence) in the Russian Federation.

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<1> Further - the decision on undesirability.

<2> Further - the decision on not permission.

2. When implementing interaction within these Regulations of FSIN of Russia and the Ministry of Internal Affairs of Russia, their territorial authorities are guided by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, other regulatory legal acts of the Russian Federation, and also international treaties of the Russian Federation.

II. Principles and directions of interaction

3. FSIN of Russia and the Ministry of Internal Affairs of Russia, their territorial authorities, when implementing interaction are guided by the following basic principles:

observance of rights and freedoms of man and citizen;

publicity, except as specified observance of the state and protected by the law other secret.

4. Interaction within these Regulations is performed in the following directions:

exchange of information between FSIN of Russia and the Ministry of Internal Affairs of Russia when implementing the actions connected with execution of the decisions on undesirability and the taken-out FSIN of Russia (territorial authority of FSIN of Russia) of decisions on not permission made by the Ministry of Justice of the Russian Federation;

the organization of document creation concerning the foreign citizens or stateless persons which are subject to release from places of detention and also the foreign citizens or persons without citizenship condemned for making of intentional crime <1> including execution of the certificate on return to the country of their civil accessory (for stateless persons - to the country of permanent (preferential) residence) <2>, - in case of lack at them of the documents granting the right to departure out of limits of the Russian Federation, and, if necessary, visas to departure from the Russian Federation.

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<1> Further - foreign citizens.

<2> Further - the certificate on return.

III. Organization of interaction

5. In case of arrival in the organization performing punishment of the foreign citizen who does not have identity documents or if effective period of the specified documents at the time of the termination of term of punishment will expire the administration of the organization performing punishment within a month from the date of arrival sends information on the foreign citizen to the territorial authority of the Ministry of Internal Affairs of Russia at the regional level located in the same subject of the Russian Federation>.

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<3> Further - territorial authority of the Ministry of Internal Affairs of Russia at the regional level.

6. The administration of the organization performing punishment sends inquiry to territorial authority of the Ministry of Internal Affairs of Russia at the regional level for availability or absence at foreign citizens of citizenship of the Russian Federation and for provision of the information about the foreign citizen which is available in information resources of the Ministry of Internal Affairs of Russia (surname, name, the second name (in the presence), middle name (in the presence), including their writing in Latin).

7. In case of receipt of information on the direction by the foreign citizen in court of the petition for parole from serving sentence the administration of the organization performing punishment within one working day informs on it territorial authority of the Ministry of Internal Affairs of Russia at the regional level.

8. The head of territorial authority of the Ministry of Internal Affairs of Russia at the regional level within ten working days from the moment of receipt of information on arrival in the organization performing punishment, the foreign citizen who does not have identity documents, or effective period of which at the time of release will expire, will organize the direction of the employee of territorial authority of the Ministry of Internal Affairs of Russia at the regional level in the organization performing punishment for acquaintance with the personal record of the foreign citizen.

In case of receipt of information on the direction by the foreign citizen in court of the petition for parole from serving sentence the head of territorial authority of the Ministry of Internal Affairs of Russia at the regional level within a day will organize the direction of the employee of territorial authority of the Ministry of Internal Affairs of Russia at the regional level in the organization performing punishment.

In case of absence in the personal record of the foreign citizen of the documents confirming his nationality, the employee of territorial authority of the Ministry of Internal Affairs of Russia at the regional level has with it talk.

9. The administration of the organization performing punishment shall provide to the employee of territorial authority of the Ministry of Internal Affairs of Russia at the regional level necessary conditions for work with the personal record of the foreign citizen (possibility of copying) and holding conversation with it.

10. Territorial authority of the Ministry of Internal Affairs of Russia at the regional level:

performs check of the foreign citizen on the available information resources of the Ministry of Internal Affairs of Russia, including on dactyloscopic accounting;

according to the order of FMS of Russia of 19.03.2008 No. 64 "About approval of Administrative regulations of execution by the Federal Migration Service of the state function on implementation of powers in the field of implementation of the legislation on citizenship of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation 09.04. 2008, registration No. 11493) with the changes made by the order of FMS of Russia of 29.04.2010 No. 102 (it is registered by the Ministry of Justice of the Russian Federation 21.05. 2010, registration No. 17317), represents the conclusion about availability or lack of citizenship of the Russian Federation or about impossibility of establishment of availability of citizenship of the Russian Federation at the foreign citizen and other required data;

within five working days after obtaining from the organization performing punishment, necessary information sends inquiry to diplomatic representation or consular establishment of the state of civil accessory of the foreign citizen or permanent (preferential) residence of the stateless person for the purpose of the confirmation of civil accessory and document creation necessary for crossing of frontier of the Russian Federation.

Registration and receipt of the documents necessary for crossing of frontier of the Russian Federation shall be performed taking into account the term of release of person from the organization performing punishment and also the period of action of the relevant document.

Within five working days after obtaining from the organization performing punishment, information, necessary for confirmation of civil accessory and the organization of document creation on the foreign citizen including the certificate on return, territorial authority of the Ministry of Internal Affairs of Russia at the regional level sends inquiry with application of documents to diplomatic representation, consular establishment of the state of civil accessory or expected civil accessory of the foreign citizen or permanent (preferential) residence of the stateless person for the purpose of document creation concerning the foreign citizen, including the certificate on return.

The organization of document creation on the foreign citizen, including the certificate on return, is performed by territorial authority of the Ministry of Internal Affairs of Russia at the regional level taking into account the term of release of the foreign citizen from the organization performing punishment.

11. After obtaining from diplomatic representation or consular establishment of foreign state of the certificate on return the territorial authority of the Ministry of Internal Affairs of Russia at the regional level directs the certificate to return to administration of the relevant organization performing punishment for attaching to the personal record of the foreign citizen.

12. The verified copy of the decision on undesirability within three working days from the date of its receipt of FSIN of Russia by territorial authority goes to territorial authority of the Ministry of Internal Affairs of Russia at the regional level which makes the decision on deportation of this foreign citizen or in case of availability of the international treaty of the Russian Federation the decision on its readmission.

13. In case of removal of FSIN of Russia (territorial authority of FSIN of Russia) of the decision on not permission the verified copy of the specified decision within ten working days from the date of its removal goes to territorial authority of the Ministry of Internal Affairs of Russia at the regional level.

14. Administration of the organization performing punishment not later than ten working days about day of release of the foreign citizen on which the Ministry of Justice of the Russian Federation makes the decision on undesirability or FSIN of Russia (territorial authority of FSIN of Russia) the decision on not permission is passed, notifies on the term of release of the specified foreign citizen territorial authority of the Ministry of Internal Affairs of Russia at the regional level.

15. In case of execution of the decision on undesirability made by the Ministry of Justice of the Russian Federation the territorial authority of the Ministry of Internal Affairs of Russia at the regional level performs escort of the foreign citizen from the organization performing punishment.

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