ORDER OF THE FEDERAL MIGRATION SERVICE, MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION, MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION, STATE FISHERY COMMITTEE OF THE RUSSIAN FEDERATION

of January 11, 2008 No. 1/4/1/2

About approval of Administrative regulations of provision by the Federal Migration Service, the executive bodies of subjects of the Russian Federation performing delegated powers of the Russian Federation in the field of assistance of employment of the population, Federal Agency for Sea and Inland Water Transport and Federal Agency for Fishery of the state service in issue of the conclusions about attraction and about use of foreign workers, permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

According to the order of the Government of the Russian Federation of November 11, 2005 N679 "About Procedure for Development and Approval of Administrative Regulations of Execution of the State Functions and Administrative Regulations of Provision of the State Services" (The Russian Federation Code 2005, N 47, the Art. 4933)

we order:

Approve the enclosed Administrative regulations of provision by the Federal Migration Service, the executive bodies of subjects of the Russian Federation performing delegated powers of the Russian Federation in the field of assistance of employment of the population, Federal Agency for Sea and Inland Water Transport and Federal Agency for Fishery of the state service in issue of the conclusions about attraction and about use of foreign workers, permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons.

Approved by the order of the Federal Migration Service, Ministry of Health and Social Development of the Russian Federation, Ministry of Transport of the Russian Federation and Federal Agency for Fishery of January 11, 2008, No. 1/4/1/2

Administrative regulations of provision by the Federal Migration Service, the executive bodies of subjects of the Russian Federation performing delegated powers of the Russian Federation in the field of assistance of employment of the population, Federal Agency for Sea and Inland Water Transport and Federal Agency for Fishery of the state service in issue of the conclusions about attraction and about use of foreign workers, permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

I. General provisions

Name of the state service

1. Administrative regulations of representation by the Federal Migration Service, the executive bodies of subjects of the Russian Federation performing delegated powers of the Russian Federation in the field of assistance of employment of the population * (1), Federal Agency for Sea and Inland Water Transport and Federal Agency for Fishery of the state service in issue of the conclusions about attraction and about use of foreign workers, permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons * (2) determines terms and the sequence of actions (ministerial procedures) of the Federal Migration Service * (3) and its territorial authorities, representations and representatives of FMS of Russia abroad, bodies of public service of employment of the population of subjects of the Russian Federation, Federal Agency for Sea and Inland Water Transport and Federal Agency for Fishery, and also order of interaction of these bodies when implementing powers in the field of issue of the conclusions about attraction and about use of foreign workers, permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons * (4).

Normative legal regulation of provision of the state service

2. Provision of the state service in issue of the conclusions about attraction and about use of foreign workers, permissions to attraction and use of foreign workers, and also work permits to foreign citizens * (5) it is performed according to:

The constitution of the Russian Federation ("The Russian newspaper" of December 25, 1993 N 237);

The Federal Law of July 25, 2002 N 115-FZ "About legal status of foreign citizens in the Russian Federation" (The Russian Federation Code, 2002, N 30, Art. 3032; 2003, N 27, Art. 2700; N 46, of Art. 4437; 2006, N 30, Art. 3286; 2007, N 1, Art. 21; N 2, of Art. 361; N 49, of Art. 6071; N 50, of Art. 6241; 2008, N 19, Art. 2094; N 30, of Art. 3616; 2009, N 19, Art. 2283; N 23, of Art. 2760; N 26, of Art. 3125; N 52, of Art. 6450; 2010, N 21, Art. 2524; N 30 of the Art. 4011);

The law of the Russian Federation of April 19, 1991 N 1032-1 "About employment of the population in the Russian Federation" (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1991, N 18, Art. 565; Russian Federation Code 1996, N 17, Art. 1915; 1997, N 51, Art. 5848; 1998, N 30, Art. 3613; 1999, N 18, Art. 2211; N 29, of Art. 3696; N 47, of Art. 5613; 2000, N 33, Art. 3348; 2001, N 53, Art. 5024; 2002, N 30, Art. 3033; 2003, N 2, Art. 160; N 2, of Art. 167; 2004, N 35, Art. 3607; 2006, N 1, Art. 10);

Tax Code of the Russian Federation, part one (Russian Federation Code 1998, N 31, Art. 3824; 2000, N 32, Art. 3341; 2001, N 53, Art. 5016; 2003, N 23, Art. 2174, N 27, Art. 2700, N 28, Art. 2873, N 52, Art. 5037; 2004, N 27, Art. 2711, N 31, Art. 3231, N 45, Art. 4377; 2006, N 6, Art. 636; N 31, of Art. 3436; 2007, N 1, Art. 28, Art. 31, N 18, Art. 2118, N 22, Art. 2563, N 22, Art. 2564);

Labor Code of the Russian Federation (Russian Federation Code 2002, N 1, Art. 3; N 30, of Art. 3014; N 30, of Art. 3033; 2003, N 27, Art. 2700; 2004, N 18, Art. 1690, N 35, Art. 3607; 2005, N 1, Art. 27, N 13, Art. 1209, N 19, Art. 1752; 2006, N 27, Art. 2878, N 41, Art. 4285, N 52, Art. 5498; 2007, N 1, Art. 34);

Civil code of the Russian Federation, part one, (Russian Federation Code 1994, N 32, Art. 3301, Art. 3302; 1996, N 5, Art. 410, N 9, Art. 773, N 34, Art. 4026; 1999, N 28, Art. 3471, N 51, Art. 6288; 2001, N 17, Art. 1644, N 21, Art. 2063, N 49, Art. 4552; 2002, N 12, Art. 1093, N 48, Art. 4746, Art. 4737; 2003, N 2, Art. 160, Art. 167, N 13, Art. 1179, N 46, Art. 4434, N 52, Art. 5034; 2004, N 27, Art. 2711, N 31, Art. 3233, N 49, Art. 4855; 2005, N 1, Art. 15, Art. 18, Art. 39, Art. 43, Art. 45, N 27, Art. 2722, N 30, Art. 3120; 2006, N 2, Art. 171, N 3, Art. 282, N 23, Art. 2380, N 27, Art. 2881, N 31, Art. 3437, N 45, Art. 4627, N 50, Art. 5279, N 52, Art. 5498; 2007, N 7, Art. 834);

The presidential decree of the Russian Federation of July 19, 2004 N 928 "Questions of the Federal Migration Service" (The Russian Federation Code 2004, N 30, Art. 3150; 2005, N 19, Art. 1786, N 52, Art. 5687; 2006, N 32, Art. 3534; 2007, N 13, Art. 1540, N 19, Art. 2342, N 31, Art. 4020, N 50, Art. 6252);

the order of the Government of the Russian Federation of June 30, 2004 N 324 "About approval of the Regulations on Federal Service for Labour and Employment" (The Russian Federation Code 2004, N 28, Art. 2901; 2007, N 37, Art. 4455);

the order of the Government of the Russian Federation of April 7, 2003 N 199 "About approval of the Regulations on decision making about undesirability of stay (residence) of the foreign citizen in the Russian Federation and the list of federal executive bodies, authorized to make the decision on undesirability of stay (residence) of the foreign citizen in the Russian Federation" (The Russian Federation Code 2003, N 15, Art. 1369; 2005, N 44, Art. 4562);

the order of the Government of the Russian Federation of October 11, 2002 N 754 "About approval of the list of the territories, the organizations and objects on which for entrance foreign citizens need special permission" (The Russian Federation Code 2002, N 41, to Art. 3995; 2006, N 30, Art. 3391);

the order of the Government of the Russian Federation of October 30, 2001 N 755 "About modification of the List of the territories of the Russian Federation with the regulated visit for foreign citizens" (The Russian Federation Code of 2001, N 45, the Art. 4267);

the order of the Government of the Russian Federation of October 11, 2002 N 755 "About approval of the list of objects and the organizations in which foreign citizens have no right to be employed" (The Russian Federation Code 2002, N 41, the Art. 3996);

the order of the Government of the Russian Federation of January 16, 2003 N 21 "About approval of regulations on procedure for issue of permissions to attraction and use of foreign workers as a part of crews of the Russian ocean ships" (The Russian Federation Code 2003, N 4, the Art. 324);

the order of the Government of the Russian Federation of March 24, 2003 N 167 "About procedure for representation of guarantees of material, medical and housing security of foreign citizens and stateless persons for their stay in the Russian Federation" (The Russian Federation Code 2003, N 13, Art. 1240; 2007, N 5, Art. 667);

the order of the Government of the Russian Federation of April 2, 2003 N 188 "About the list of the infectious diseases constituting danger to people around and being the basis for refusal in issue or cancellations of permission to temporary residence to foreign citizens and stateless persons, either the residence permit, or the work permit in the Russian Federation" (The Russian Federation Code 2003, N 14, Art. 1286; 2005 N 7, Art. 560);

Paragraph 17 of ceased to be valid;

the order of the Government of the Russian Federation of December 22, 2006 N 783 "About procedure for determination by executive bodies of the government of the need for involvement of foreign workers and forming of quotas for implementation by foreign citizens of labor activity in the Russian Federation" (The Russian Federation Code 2007, N 1, the Art. 247);

the order of the Government of the Russian Federation of February 17, 2007 N 97 "About establishment of cases of implementation of labor activity by the foreign citizen or stateless person, temporarily staying (living) in the Russian Federation, outside subject of the Russian Federation in the territory of which the work permit is issued to them (temporary residence is authorized)" (The Russian Federation Code 2007, N 9, the Art. 1088);

the order of FMS of Russia of December 25, 2006 N 369 "About approval of form of the application blank of issue to the employer or the customer of works (services) of permission to attraction and use of foreign workers and forms of the form of permission to attraction and use of foreign workers" (it is registered in the Ministry of Justice of the Russian Federation on January 15, 2007, registration N 8735);

the order of FMS of Russia of December 25, 2006 N 370 "About approval of form of the application blank of issue to the foreign citizen or the person without citizenship of the work permit and form of the form of the work permit to the foreign citizen or stateless person" (it is registered in the Ministry of Justice of the Russian Federation on January 15, 2007, registration N 8736);

the order of the Ministry of Health and Social Development of the Russian Federation of July 3, 2006 N 513 "About approval of Administrative regulations of Federal Service for Labour and Employment on provision of the state service of assistance to citizens in search of suitable work, and to employers in matching of necessary workers" (it is registered in the Ministry of Justice of the Russian Federation on September 6, 2006, registration N 8219).

the order of the Government of the Russian Federation of June 11, 2008 N444 "About Federal Agency for Fishery" (The Russian Federation Code, 2008, N 25, Art. 2979; N 42, of Art. 4825; N 46, of Art. 5337; 2009, N 2, Art. 253; Art. N 6, 738).

Organa, participating in provision of the state service

3. The bodies participating in provision of the state service are:

3.1. The bodies of public service of employment of the population of subjects of the Russian Federation providing in the territory of appropriate subject of the Russian Federation the state service regarding issue of the conclusions about attraction and about use of foreign workers.

3.2. Federal Agency for Sea and Inland Water Transport * (6) regarding issue of the conclusions concerning involvement of foreign workers for work as a part of crews of the Russian ocean ships (except for vessels of the fishery fleet) floating under National flag of the Russian Federation.

3.3. Federal Agency for Fishery * (7) regarding issue of the conclusions concerning attraction and use of foreign workers as a part of the crews of vessel of the fishery fleet swimming under National flag of the Russian Federation.

3.4. FMS of Russia, its territorial authorities, representations and representatives of FMS of Russia abroad:

3.4.1. The FMS of Russia provides the state service regarding issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens, including attraction and use of foreign workers in two and more subjects of the Russian Federation, or as a part of crews of the ocean and river crafts floating under National flag of the Russian Federation.

3.4.2. Territorial authorities of FMS of Russia provide the state service regarding registration and issue of permissions to attraction and use of foreign workers, work permits to foreign citizens, and also issue of the permissions to attraction and use of foreign workers which are drawn up by FMS of Russia in two and more subjects of the Russian Federation or as a part of crews of the ocean and river crafts floating under National flag of the Russian Federation.

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