ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of November 16, 2022 No. 867

About modification of appendices No. 1 and No. 4 to the Order of the Ministry of Internal Affairs of Russia of December 10, 2020 No. 856 "About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in implementation of migration registration of foreign citizens and persons without citizenship in the Russian Federation, application forms of the foreign citizen or stateless person about registration at the place of residence, statements for removal of the foreign citizen or the stateless person from registration at the place of residence, notifications on arrival of the foreign citizen or the stateless person to the place of stay, marks about registration (removal from registration) of the foreign citizen or stateless person at the place of residence, marks about confirmation of accomplishment by the host party and foreign citizen or stateless person of the actions necessary for its registration in the place of stay which are put down including, multipurpose center of provision of the state and municipal services"

For the purpose of implementation of article 5 of the Federal Law of July 14, 2022 No. 357-FZ "About introduction of amendments to the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" and separate legal acts of the Russian Federation" <1> and Item of 3 features of development and adoption of administrative regulations of provision of the state services in 2022 approved by the order of the Government of the Russian Federation of March 24, 2022 No. 454 <1> according to Article 12, part 2 Articles 16, part 8 of article 22 of the Federal Law of July 18, 2006 No. 109-FZ "About migration registration of foreign citizens and stateless persons in the Russian Federation" <2>, Item 1, the paragraph the thirteenth the subitem 49 of Item 11, the subitem 3 of Item 20 of the Regulations on the Ministry of Internal Affairs of the Russian Federation approved by the Presidential decree of the Russian Federation of December 21, 2016 No. 699 <3>, Items 15, of 16(3) and 31 Rules of implementation of migration registration of foreign citizens and the stateless persons in the Russian Federation approved by the order of the Government of the Russian Federation of January 15, 2007 No. 9 <4>, Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of July 20, 2021 No. 1228 <5>, - I order:

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<1> Russian Federation Code, 2022, No. 29, Art. 5324.

<1> Russian Federation Code, 2022, No. 13, Art. 2114.

<2> Russian Federation Code, 2006, No. 30, Art. 3285; 2022, No. 29, Art. 5324.

<3> Russian Federation Code, 2016, No. 52, Art. 7614; 2022, No. 40, Art. 6787.

<4> Russian Federation Code, 2007, No. 5, Art. 653; Official Internet portal of legal information http://pravo.gov.ru, on November 1, 2022.

<5> Russian Federation Code, 2021, No. 31, Art. 5904.

1. Make changes to appendices No. 1 and No. 4 to the order of the Ministry of Internal Affairs of Russia of December 10, 2020 No. 856 "About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in implementation of migration registration of foreign citizens and persons without citizenship in the Russian Federation, application forms of the foreign citizen or stateless person about registration at the place of residence, statements for removal of the foreign citizen or the stateless person from registration at the place of residence, notifications on arrival of the foreign citizen or the stateless person to the place of stay, marks about registration (removal from registration) of the foreign citizen or stateless person at the place of residence, marks about confirmation of accomplishment by the host party and foreign citizen or stateless person of the actions necessary for its registration in the place of stay which are put down including, the multipurpose center of provision of the state and municipal services" <1>, according to the enclosed List.

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<1> Registration No. 62483 is registered by the Ministry of Justice of the Russian Federation on February 12, 2021.

2. Subitems 1. 8, 1.19, 1.21 - 1.23, 1.28 Items 1, Item 2 of the List approved by this order become effective since January 1, 2023.

Appendix

to the Order of the Ministry of Internal Affairs of the Russian Federation of November 16, 2022 No. 867

The list of the changes made to appendices No. 1 and No. 4 to the Order of the Ministry of Internal Affairs of Russia of December 10, 2020 No. 856 "About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in implementation of migration registration of foreign citizens and persons without citizenship in the Russian Federation, application forms of the foreign citizen or stateless person about registration at the place of residence, statements for removal of the foreign citizen or the stateless person from registration at the place of residence, notifications on arrival of the foreign citizen or the stateless person to the place of stay, marks about registration (removal from registration) of the foreign citizen or stateless person at the place of residence, marks about confirmation of accomplishment by the host party and foreign citizen or stateless person of the actions necessary for its registration in the place of stay which are put down including, multipurpose center of provision of the state and municipal services"

1. In appendix No. 1:

1.1. Add Item 22 with the paragraph the second the following content:

"The multipurpose centers in which provision of the state service will be organized can make the decision on refusal in acceptance of request and documents and (or) information necessary for its provision.".

1.2. To state the name of the subsection "Description of Result of Provision of the State Service" of the Section II in the following edition:

"Result of provision of the state service".

1.3. Add with Items 24 (1) - 24(3) following contents:

"24(1). The decision on provision of the state service based on which the result of the state service is provided to the applicant is drawn up by the chief (deputy chief) of division concerning migration by putting down of mark in the statement for registration or the statement for removal from registration or the official of division concerning migration or the employee of the multipurpose center, hotel or organization of federal mail service <3> by putting down on the notification on arrival of mark on confirmation of accomplishment by the host party and foreign citizen or stateless person of the actions necessary for statement of the foreign citizen on accounting in the place of stay <4>.

24(2). Forming of the register entry as result of provision of the state service is not provided.

24(3). The result of the state service can be received in division concerning migration, in the multipurpose center, in hotel, in the organization of mail service.".

1.4. Item 24 (to add 1) with footnotes "3" and "4" following of content:

"<3> Further - "the official (worker)".

<4> Further - "mark about acceptance of the notification".".

1.5. To state the name of the subsection "The Term of Provision of the State Service, including taking into account Need of the Appeal to the Organizations Participating in Provision of the State Service, the Term of Suspension of Provision of the State Service if the Possibility of Suspension Is Stipulated by the Legislation the Russian Federation, the Term of Issue (Direction) of the Documents Which Are Result of Provision of the State Service" of the Section II in the following edition:

"Term of provision of the state service".

1.6. To state the name of the subsection "The Regulatory Legal Acts Regulating Provision of the State Service" of the Section in the following edition:

"Legal basis for provision of the state service".

1.7. State Item 34 in the following edition:

"34. The list of the regulatory legal acts regulating provision of the state service, information on procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of the Ministry of Internal Affairs of Russia, and also his officials are posted on the official site of the Ministry of Internal Affairs of Russia in Internet network, and also on the Single portal.".

1.8. In Item 35:

1.8.1. State Item 3 5 in the following edition:

"35. The foreign citizen along with the statement for registration represents personally to division concerning migration in the location of premises directly or through the multipurpose center the following documents:

35.1. The identity document <1> (representation by the stateless person is not required) <2>, the residence permit or permission to temporary residence of the stateless person (permission to temporary residence for the purpose of education of the stateless person) or the identity document of the foreign citizen in which the mark about permission to temporary residence or mark about permission to temporary residence for the purpose of education is put down.

35.2. The documents confirming right to use by premises in accordance with the legislation of the Russian Federation and their copies - in case of lack of the data containing in the specified documents at the disposal of the bodies providing the state services, the bodies providing municipal services, other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations participating in provision of the state or municipal services>.".

1.8.2. "3" to subitem 35.3 to consider footnote footnote "3" to subitem 35.2.

1.9. The paragraph one of subitem 58.2 of Item 58 to state in the following edition:

"58.2. The copy of the migration card (except as specified releases of the foreign citizen from obligation on filling of the migration card according to the international treaty of the Russian Federation, and also case of receipt of the stateless person by the stateless person of the temporary identity certificate in the Russian Federation) <1>.".

1.10. To state the name of the subsection "Procedure, the Size and the Bases of Collection of the State Fee or Other Payment Levied for Provision of the State Service" of the Section II in the following edition:

"The amount of the payment levied from the applicant by provision of the state service and methods of its collection".

1.11. Add with Item 71 (1) the following content:

"71(1). Information on the amount of the state tax for provision of the state service is placed on the Single portal.".

1.12. To state the name of the subsection "The Maximum Term of Expectation in Queue when Giving Request about Provision of the State Service, the Service Provided by the Organization Participating in Provision of the State Service and in case of Receipt of Result of Provision of Such Services" of the Section II in the following edition:

"The maximum term of expectation in queue when giving by the applicant of request about provision of the state service and in case of receipt of result of provision of the state service".

1.13. To state the name of the subsection "The Term and Order of Registration of Request of the Applicant about Provision of the State Service and Service Provided by the Organization Participating in Provision of the State Service, including Electronically" of the Section II in the following edition:

"Term of registration of request of the applicant about provision of the state service".

1.14. To state the name of the subsection "Requirements to Rooms in Which the State Service, to the Waiting Room, Places for Filling of Requests about Provision of the State Service Is Provided, to Information Stands with Models of Their Filling and the List of the Documents Necessary for Provision of Each State Service, to Placement and Execution of Visual, Text and Multimedia Information on Procedure for Provision of Such Service, including to Ensuring Availability to Disabled People of the Specified Objects in Accordance with the Legislation of the Russian Federation about Social Protection of Disabled People" of the Section II in the following edition:

"Requirements to rooms in which the state services are provided".

1.15. To state the name of the subsection "Indicators of Availability and Quality, the State Service, including the Number of Interactions of the Applicant with Officials by Provision of the State Service and Their Duration, Possibility of Receipt of Information on the Course of Provision of the State Service, including with Use of Information and Communication Technologies, Opportunity or Impossibility of Receipt of the State Service in the Multipurpose Center (including in Full), in Any Territorial Subdivision of the Body Providing the State Service at the choice of the Applicant (the Exterritorial Principle), by means of Request about Provision of Several State and (or) Municipal Services in the Multipurpose Centers, the Stipulated in Article 151 Federal Law of July 27, 2010 No. 210-FZ (Complex Request)" of the Section II in the following edition:

"Indicators of availability and quality of the state service".

1.16. State Items 91 and 92 in the following edition:

"91. Treat indicators of availability of provision of the state service:

91.1. Arrangement of the rooms intended for provision of the state service in availability zone to the main thoroughfares, within pedestrian availability to citizens.

91.2. Availability of the electronic document forms necessary for provision of the state service.

91.3. Possibility of giving of request for receipt of the state service and documents electronically.

91.4. Availability of exhaustive information on procedure and terms of provision of the state service in information and telecommunication networks public (including in Internet network), mass media.

91.5. Possibility of giving of request and the documents necessary for provision of the state service, in the multipurpose center.

91.6. Availability of instruments of making in the electronic form of payments necessary for receipt of the state service.

92. Treat indicators of quality of provision of the state service:

92.1. Lack of violations of terms of provision of the state service.

92.2. Informing applicants on methods of filing of application (request) and terms of provision of the state service.

92.3. Informing applicant on the course of provision of the state service, and also receipt of result of provision of service.

92.4. Minimum possible number of interactions of the citizen with the officials participating in provision of the state service.

92.5. Observance of waiting time in queue and terms of ministerial procedures (actions) by provision of the state service.

92.6. Competence of the officials interacting with the applicant by provision of the state service.

92.7. Possibility of the applicant to estimate quality of provision of the state service.

92.8. Lack of typographical errors and (or) mistakes in the document issued as a result of provision of the state service.".

1.17. State Item 94 in the following edition:

"94. The state service by means of complex request by the multipurpose centers is not provided.".

1.18. "1" to Item 94 to exclude footnote.

1.19. State Item 100 in the following edition:

"100. In case of filing of application about registration, notifications on arrival, notifications on departure electronically with use of the Single portal this statement (notification) shall be signed by the simple digital signature of the applicant which key is received according to the rules of use of the simple digital signature when rendering the state and municipal services established by the Government of the Russian Federation strengthened by the unqualified digital signature which certificate of key of check is created and is used in the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically in the procedure established by the Government of the Russian Federation or the strengthened qualified digital signature and if host party is the organization, - the strengthened qualified digital signature of the organization <2>.".

1.20. To state the name of the Section III in the following edition:

"III. Structure, sequence and terms of accomplishment of ministerial procedures".

1.21. State Item 118 in the following edition:

"118. Registration at the place of residence is performed on effective period of the document confirming right to use by premises, but no more than on effective period of permission to temporary residence, permissions to temporary residence for the purpose of education, the residence permit (if effective period of the residence permit is limited according to the Federal Law of July 25, 2002 No. 115-FZ) or certificates of the refugee.".

1.22. The paragraph one of Item 121 to state in the following edition:

"121. To temporarily living foreign citizen the mark about registration at the place of residence is put down in the document proving his identity, on the back leaf on which the mark about permission to temporary residence or about permission to temporary residence for the purpose of education is put down. In the absence of such opportunity the mark about registration at the place of residence is put down on the free page of the identity document.".

1.23. State Item 140 in the following edition:

"140. The decision on removal of the foreign citizen from registration at the place of residence in connection with the termination at the foreign citizen of the right to permanent or temporary residence in the Russian Federation is accepted based on the documents confirming cancellation of the residence permit, permission to temporary residence or permissions to temporary residence for the purpose of education or expiration of the residence permit which arrived to the authorized officer of division concerning migration within interdepartmental interaction (if effective period of the residence permit is limited according to the Federal Law of July 25, 2002 No. 115-FZ), permission to temporary residence or permissions to temporary residence for the purpose of education.".

1.24. The paragraph one of Item 152 to state in the following edition:

"152. In case of submission of the notification on arrival the official (worker) shall check the submitted documents and their copies, and also availability of the bases for refusal in acceptance of the notification on arrival to consideration, stipulated in Item 61 Administrative regulations.".

1.25. "1" to Item 152 to exclude footnote.

1.26. The paragraph one of Item 155 to state in the following edition:

"155. Registration of the foreign citizen in the place of stay is drawn up by putting down by the official (worker) of mark about acceptance of the notification.".

1.27. "2" to Item 155 to exclude footnote.

1.28. State Item 160 in the following edition:

"160. In case of appeal by the foreign citizen in Head department concerning migration of the Ministry of Internal Affairs of the Russian Federation <2> or contest in court of the decision on refusal in consideration of the petition for recognition by the refugee in the territory of the Russian Federation on being or in recognition by the refugee, or deprivation of the status of the refugee, or about refusal in provision of provisional asylum, or about refusal in issue of permission to temporary residence or about cancellation of earlier issued permission to temporary residence, or about refusal in issue of permission to temporary residence for the purpose of education or about cancellation of earlier issued permission to temporary residence for the purpose of education, or actions (failure to act) of the officials of division concerning migration connected with execution of the legislation of the Russian Federation on provision of political asylum this foreign citizen and members of his family are subject to registration in the place of stay according to the procedure, stipulated in Item 42 Rules of implementation of migration registration, for the term specified in the notification, but which is not exceeding the term of consideration of the claim.".

1.29. To state the name of the Section V in the following edition:

"V. Pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of the body providing the state service, the multipurpose center, the organizations specified in part 1(1) of article 16 of the Federal Law of July 27, 2010 to No. 210-FZ and also their officials, the government or local government officers, workers".

2. State appendix No. 4 in the following edition:

"Appendix No. 4

to the Order of the Ministry of Internal Affairs of the Russian Federation of December 10, 2020 No. 856

See Appendix No. 4 (22Kb In original language)

 

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