ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION AND FEDERAL MIGRATION SERVICE

of May 19, 2009 No. 385/117

About approval of Administrative regulations of execution by the Federal Migration Service, its territorial authorities and law-enforcement bodies of the Russian Federation of the state function on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation

1. Approve the enclosed Administrative regulations of execution by the Federal Migration Service, its territorial authorities and law-enforcement bodies of the Russian Federation of the state function on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Russian Federation and the deputy director of the Federal Migration Service on the supervised activities.

Appendix

to the order of the Ministry of Internal Affairs of the Russian Federation and the Federal Migration Service of May 19, 2009 No. 385/117

Administrative regulations of execution by the Federal Migration Service, its territorial authorities and law-enforcement bodies of the Russian Federation of the state function on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation

I. General provisions

Name of the state function

1. Administrative regulations of execution by the Federal Migration Service, its territorial authorities and law-enforcement bodies of the Russian Federation of the state function on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation * (1) determines:

terms and the sequence of ministerial procedures (actions) of the Federal Migration Service * (2), its territorial authorities, law-enforcement bodies of the Russian Federation * (3) under the organization and conducting checks of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation;

order of interaction of FMS of Russia, its territorial authorities and law-enforcement bodies under the organization and holding actions for check of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation.

2. Execution of the state function on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation is performed by FMS of Russia, its territorial authorities, law-enforcement bodies.

3. The main guidelines in activities of officials of FMS of Russia, its territorial authorities, law-enforcement bodies in case of execution of the state function by them on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation are ensuring compliance by citizens and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation, legality, publicity.

4. Objects of check of observance of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation are the citizens of the Russian Federation and officials providing to citizens of the Russian Federation the premises belonging to them on the property right or under agreements of social hiring and employment contracts of premises of the state and municipal housing stock * (4).

5. Check of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation includes actions of officials of FMS of Russia, its territorial authorities, law-enforcement bodies for establishment of circumstances of accomplishment by objects of verification of the legislation of the Russian Federation on registration accounting of citizens of the Russian Federation.

6. Subject of control and supervision of FMS of Russia, its territorial authorities, law-enforcement bodies in this sphere of the state activities is observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation.

7. Execution of FMS of Russia, its territorial authorities and law-enforcement bodies of the state function on control and supervision of observance by citizens of the Russian Federation and officials of rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation * (5) it is performed according to the Constitution of the Russian Federation * (6), the principles and rules of international law, the Law of the Russian Federation of June 25, 1993 N 5242-1 "About the right of citizens of the Russian Federation to freedom of travel, the choice of the place of stay and residence within the Russian Federation" * (7), the order of the Government of the Russian Federation of July 17, 1995 N 713 "About approval of Rules of registration and removal of citizens of the Russian Federation from registration accounting in the place of stay and at the place of residence within the Russian Federation and the List of officials, responsible for registration" * (8).

The FMS of Russia, its territorial authorities and law-enforcement bodies in case of execution of the state function are guided by the Russian Federation Code of Administrative Offences * (9) and the Federal Law of May 2, 2006 N 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" * (10).

8. The FMS of Russia and its territorial authorities perform the state function according to the Presidential decree of the Russian Federation of July 19, 2004 N 928 "Questions of the Federal Migration Service" * (11) and the order of FMS of Russia of September 20, 2007 N 208 "About approval of Administrative regulations of provision by the Federal Migration Service of the state service in registration accounting of citizens of the Russian Federation in the place of stay and at the place of residence within the Russian Federation" * (12).

The FMS of Russia and its territorial authorities in case of execution of the state function are guided by the order of the Ministry of Internal Affairs of Russia of December 2, 2005 N 983 "About approval of the Standard regulations on territorial authority of the Federal Migration Service" * (13) and the order of FMS of Russia of June 3, 2008 N 137 "About powers of officials of system of FMS of Russia on creation of protocols on administrative offenses" * (14).

9. Execution of this state function by law-enforcement bodies is performed according to the Presidential decree of the Russian Federation of July 19, 2004 N 927 "Questions of the Ministry of Internal Affairs of the Russian Federation" * (15).

Law-enforcement bodies in case of execution of the state function are guided by the order of the Ministry of Internal Affairs of Russia of November 20, 2002 N 900 "About measures for enhancement of activities of district militia officers" * (16), the order of the Ministry of Internal Affairs of Russia of June 2, 2005 N 444 "About powers of officials of the Ministry of Internal Affairs of Russia on creation of protocols on cases on administrative offenses and administrative detention" * (17) and the order of the Ministry of Internal Affairs of Russia of October 25, 2006 N 846 "About approval of the Standard regulations on the Ministry of Internal Affairs, head department, the Department of Internal Affairs on the subject of the Russian Federation" * (18).

10. Creation of the conditions directed to observance by citizens of the Russian Federation and officials of Rules is result of execution of the state function.

11. The basis for execution of the state function is investment according to regulatory legal acts of the Russian Federation of FMS of Russia, its territorial authorities, law-enforcement bodies with powers on execution of this state function.

12. The organization of work on control and supervision of observance by citizens of the Russian Federation and officials of Rules in FMS of Russia and its territorial authorities is assigned to management of FMS of Russia and its territorial authorities.

The FMS of Russia and its territorial authorities in case of execution of the state function provide interaction with law-enforcement bodies and other law enforcement agencies, state bodies of the executive authority, local government bodies, military commissariats, the housing and operational organizations, the legal entities providing to citizens the premises belonging to them on the property right or on the right of operational management for accommodation and stay, and in border area with divisions and parts of bodies of Russian Federal Border Service.

13. The organization of control and supervision of observance by citizens of the Russian Federation and officials of Rules in the territory of servicing of territorial authority of FMS of Russia is assigned to management of territorial authority of FMS of Russia and management of its structural divisions.

The management of territorial authorities of FMS of Russia and their structural divisions can take part in instructing and meetings held with the staff of law-enforcement bodies, officials responsible for registration.

14. The staff of territorial authorities of FMS of Russia and their structural divisions in case of identification of persons living without documents (with invalid documents) proving their identity without registration in the place of stay and (or) at the place of residence and also about physical and the officials allowing accommodation in the premises or other rooms of citizens of the Russian Federation belonging to them without registration in the place of stay and (or) at the place of residence for the purpose of ensuring scheduled maintenance inform on them law-enforcement bodies in the place of their stay.

Staff of territorial authorities of FMS of Russia and their structural divisions in writing in accordance with the established procedure notify also interested services of law-enforcement bodies on persons who can be of interest to them.

15. The organization of work on control and supervision of observance by citizens of the Russian Federation and officials of Rules in law-enforcement bodies is assigned to management of these bodies.

The management of law-enforcement bodies will organize interaction with territorial authorities of FMS of Russia and their structural divisions, state bodies of the executive authority, local government bodies, military commissariats, the housing and operational organizations, the legal entities providing to citizens belonging to them on the property right or under agreements of social hiring and employment contracts of premises of the state and municipal housing stock for accommodation and stay, and in border area with divisions and parts of bodies of Russian Federal Border Service.

Heads of law-enforcement bodies can take part in instructing and meetings held with staff of territorial authorities of FMS of Russia and their structural divisions.

16. Within interaction law-enforcement bodies inform territorial authorities of FMS of Russia and (or) their structural divisions on persons living without documents (with invalid documents) proving their identity without registration in the place of stay and (or) at the place of residence and also about physical and the officials allowing accommodation in the premises or other rooms of citizens of the Russian Federation belonging to them without registration in the place of stay and (or) at the place of residence.

17. Organizational and practical actions for control and supervision of observance by citizens and officials of Rules are performed by FMS of Russia, its territorial authorities, their structural divisions, law-enforcement bodies.

These events can be held jointly and join in work plans of FMS of Russia, its territorial authorities, their structural divisions, law-enforcement bodies and shall provide the name and the location of objects of check, responsible persons and completion dates.

18. Shall be provided in actions plans of territorial authorities of FMS of Russia and their structural divisions:

checks of residential and non-residential premises where citizens of the Russian Federation without documents (with invalid documents) proving the identity without registration in the place of stay and (or) at the place of residence or at which registration term in the place of stay expired can live;

Corrected checks of observance the officials responsible for registration, the physical persons and legal entities providing the premises belonging to them on the property right or on the right of operational management for accommodation to other citizens, providing with them safety of the registration documents provided by Administrative regulations of provision by the Federal Migration Service of the state service in registration accounting of citizens of the Russian Federation in the place of stay and at the place of residence within the Russian Federation;

procedure and forms of interaction in this direction with executive bodies and local government bodies (holding joint preventive actions for check of specific objects, consideration of the matter at office meetings, working meetings, written informing data of bodies on the revealed shortcomings with offers on their elimination, etc.).

19. Shall be provided in actions plans of law-enforcement bodies:

checks of residential and non-residential premises where citizens of the Russian Federation without documents (with invalid documents) proving the identity without registration in the place of stay and (or) at the place of residence or at which registration term in the place of stay expired can live;

Corrected checks of observance the officials responsible for registration, the physical persons and legal entities providing the premises belonging to them on the property right or on the right of operational management for accommodation to other citizens.

20. Within the powers also control and supervision of observance by citizens of the Russian Federation and officials of Rules on administrative sites is directly performed by district militia officers.

21. Chiefs of law-enforcement bodies will organize work and in accordance with the established procedure provide control over the implementation by district militia officers of their functional obligations in this direction of office activities.

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