FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 2014 No. 232-FZ

About modification of separate legal acts of the Russian Federation regarding enhancement of the legislation of the Russian Federation concerning special facilities in the field of migration

List of amending documents

Accepted by the State Duma of the Russian Federation on July 4, 2014

Approved by Council of the Russian Federation on July 9, 2014

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; 2005, No. 1, Art. 9, 13; No. 10, Art. 763; No. 13, Art. 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; 2006, No. 1, Art. 10; No. 10, Art. 1067; No. 12, Art. 1234; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380; No. 31, Art. 3420, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279, 5281; No. 52, Art. 5498; 2007, No. 1, Art. 21, 29; No. 30, Art. 3755; No. 31, Art. 4007; No. 41, Art. 4845; No. 43, Art. 5084; 2008, No. 18, Art. 1941; No. 30, Art. 3604; 2009, No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120, 3122; No. 29, Art. 3642; No. 30, Art. 3739; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 21, Art. 2525; No. 23, Art. 2790; No. 30, Art. 4006, 4007; No. 31, Art. 4164, 4195, 4207, 4208; No. 49, Art. 6409; 2011, No. 1, Art. 10, 23, 54; No. 7, Art. 901; No. 17, Art. 2310; No. 23, Art. 3260; No. 27, Art. 3873; No. 29, Art. 4289, 4298; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4605; No. 46, Art. 6406; No. 50, Art. 7342, 7345, 7351, 7352, 7355, 7362, 7366; 2012, No. 10, Art. 1166; No. 19, Art. 2278, 2281; No. 24, Art. 3082; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403; No. 49, Art. 6757; No. 50, Art. 6967; No. 53, Art. 7577, 7602, 7640; 2013, No. 14, Art. 1651, 1666; No. 19, Art. 2323; No. 26, Art. 3207, 3208; No. 27, Art. 3454, 3470; No. 30, Art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, Art. 4191; No. 43, Art. 5443, 5444; No. 44, Art. 5643; No. 48, Art. 6161, 6165; No. 49, Art. 6327, 6341; No. 51, Art. 6683, 6685, 6695; No. 52, Art. 6961, 6980, 6986, 7002; 2014, No. 6, Art. 559, 566; No. 11, Art. 1092; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2324, 2325, 2326, 2327, 2330, 2335; Russian newspaper, 2014, on June 25, on July 3) following changes:

Shall be replaced with words 1) in part 5 of Article 3.10 of the word "for the room of the foreign citizens and stateless persons who are subject to administrative expulsion out of limits of the Russian Federation" ", No. 115-FZ provided by the Federal Law of July 25, 2002 "About legal status of foreign citizens in the Russian Federation";

2) in Article 18.18:

a) regarding 1 word "intended for temporary accommodation of the foreign citizens and stateless persons who are subject to administrative expulsion out of limits of the Russian Federation, deportation or readmission" shall be replaced with words "No. 115-FZ provided by the Federal Law of July 25, 2002 "On legal status of foreign citizens in the Russian Federation",";

b) add with parts 3 and 4 of the following content:

"3. Non-compliance with conditions and procedure for content (stay) for the foreign citizen or stateless person in the special facility provided by the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation", the entailed violation of sanitary standards and rules or requirements of fire safety or safety of property of special facilities, or making of the actions violating the rights and freedoms of other persons or degrading their human dignity or the actions threatening own life and health, and also life and health of other persons -

attracts imposing of administrative penalty in the amount of five hundred to one thousand rubles.

4. The same actions integrated to the failure to carry out of legal requirements of employees of special facilities or officials of territorial authorities of the federal executive body authorized on implementation of functions on control and supervision in the field of migration, or hindrance to accomplishment by the specified workers, officials or persons, the acting as on protection of public order or stopping disorderly conduct, the service duties -

attract imposing of administrative penalty at the rate from one thousand to two thousand five hundred rubles.";

Item 12 of part 1 of Article 27.1 to state 3) in the following edition:

"12) the placement of the foreign citizens or stateless persons who are subject to administrative expulsion out of limits of the Russian Federation in the form of exclusion out of limits of the Russian Federation to the special facilities provided by the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation".";

4) in Article 27.19:

a) regarding 1 word "stipulated by the legislation the Russian Federation (further-special facility of the federal executive body authorized on implementation of functions on control and supervision in the field of migration)" shall be replaced with words "provided by the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation",";

b) regarding 3 words of "the federal executive body authorized on implementation of functions on control and supervision in the field of migration" shall be replaced with words ", provided by the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation",";

5) regarding the 2nd Article 28.3:

a) in Item 1 of figure "18.18," shall be replaced with words "parts 1, 3 and 4 Articles 18. 18, Articles";

b) in Item 14 of the word "Article 18.18" shall be replaced with words "parts 1 and 2 of Article 18.18".

Article 2

Bring in the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" (The Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2006, No. 30, Art. 3286; No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 2, Art. 361; No. 49, Art. 6071; No. 50, Art. 6241; 2008, No. 19, Art. 2094; No. 30, Art. 3616; 2009, No. 19, Art. 2283; No. 23, Art. 2760; No. 26, Art. 3125; No. 52, Art. 6450; 2010, No. 21, Art. 2524; No. 30, Art. 4011; No. 31, Art. 4196; No. 40, Art. 4969; No. 52, Art. 7000; 2011, No. 1, Art. 29, 50; No. 13, Art. 1689; No. 17, Art. 2318, 2321; No. 27, Art. 3880; No. 30, Art. 4590; No. 47, Art. 6608; No. 49, Art. 7043, 7061; No. 50, Art. 7342, 7352; 2012, No. 31, Art. 4322; No. 47, Art. 6396, 6397; No. 50, Art. 6967; No. 53, Art. 7640, 7645; 2013, No. 19, Art. 2309, 2310; No. 23, Art. 2866; No. 27, Art. 3461, 3470, 3477; No. 30, Art. 4036, 4037, 4040, 4057, 4081; No. 52, Art. 6949, 6951, 6954, 6955, 7007; 2014, No. 16, Art. 1828, 1830, 1831; No. 19, Art. 2311, 2322; Russian newspaper, 2014, on June 25) following changes:

1) in Article 31:

a) in Item 9:

in paragraph one of the word "by a court decision" to exclude;

paragraphs two and third to recognize invalid;

b) declare Item 9.1 invalid;

c) add with Items 9.2 - 9.4 following of content:

"9.2. Delivery of the foreign citizen who is subject to deportation in special facility, and in case of need in court, in the presence of medical indications in the medical organization, in diplomatic representation or consular establishment of foreign state in the Russian Federation, and also delivery of the foreign citizen who is subject to deportation to the check point through Frontier of the Russian Federation is performed by territorial authority of federal executive body in the field of migration.

Based on the corresponding motivated request of territorial authority of federal executive body in the field of migration law-enforcement bodies render assistance in delivery and escort of the foreign citizens specified in paragraph one of this Item.

9.3. The placement of the foreign citizen who is subject to deportation to special facility for the term which is not exceeding forty eight hours is performed by federal executive body in the field of migration or its territorial authority based on the decision of the head of the specified federal body or its deputy or the head of the relevant territorial authority of federal executive body in the field of migration or his deputy.

9.4. Except for case, stipulated in Item 9.3 these Articles, the placement to special facility of the foreign citizens who are subject to deportation it can be performed only based on the judgment.";

2) in Article 32.2:

a) in Item 1:

shall be replaced with words words of "the head of the specified federal body or his deputy about readmission of the specified foreign citizen" "about readmission";

add with the paragraph of the following content:

"The list of officials of federal executive body in the field of migration and its territorial authorities, authorized to make decisions on readmission, affirms the specified federal body.";

b) in Item 2:

shall be replaced with words the words "can be temporarily placed in special facility" "can contain in special facility";

add with the paragraph of the following content:

"Without fail in special facility the foreign citizen who is subject to readmission in case of lack of the document proving his identity is located.";

c) in paragraph one of Item 3 of the word shall be replaced with words "healthcare institution" "in the presence of medical indications in the medical organization, in";

d) in item 4 of the word "Temporary Placement" to replace with the word "Room", words "special facility" shall be replaced with words "special facility";

e) in Item 5 of the word "temporary placement" to replace with the word "room", words "special facility" shall be replaced with words "special facility";

e) in Item 6 of the word "Temporary Placement" to replace with the word "Content";

g) Items 7 - 10 to recognize invalid;

h) in Item 11 of the word to "temporary placement" to replace with the word to "content";

3) Article 32.3 to recognize invalid;

4) paragraphs two both third Item 5 and Item 5.1 of Article 34 to recognize invalid;

To add 5) with Chapter VI.1 of the following content:

"Chapter VI.1. Content of the foreign citizen in special facility

Article 35.1. Bases of content of foreign citizens in special facilities

1. Content of foreign citizens in special facilities provides the restriction of freedom of travel of the foreign citizens placed in them excluding possibility of unauthorized leaving of the specified organizations, for the purpose of ensuring execution accepted according to the Russian Federation Code of Administrative Offences and this Federal Law of the judge's ruling on purpose of administrative punishment in the form of exclusion out of limits of the Russian Federation, the decision on deportation or decisions on transfer of the foreign citizen by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission or decisions on acceptance by the Russian Federation of the foreign citizen transferred by foreign state of the Russian Federation according to the international treaty of the Russian Federation on readmission.

For the purpose of execution of the judgments specified in paragraph one of this Item and officials of federal executive body in the field of migration or its relevant territorial authority foreign citizens are brought to special facilities.

2. Foreign citizens contain in special facilities according to the principles of legality, humanity, respect of human dignity, personal security, protection of public health.

3. Discrimination of persons placed in special facilities or provision of privileges and privileges by it on the bases of sex, races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also on other circumstances is not allowed.

4. Content (stay) of the foreign citizen in special facility is performed before its administrative expulsion out of limits of the Russian Federation, deportation or transfer by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission or its departure out of limits of the Russian Federation according to the procedure, stipulated by the legislation the Russian Federation.

5. Conditions and procedure for content (stay), including questions of primary medical and sanitary providing, foreign citizens in special facilities are established by the Government of the Russian Federation.

6. For the purpose of safety of the foreign citizens containing in special facilities, and also the staff of the special facilities, other persons who are in the territories of special facilities protection of data of organizations according to the procedure, determined by the Government of the Russian Federation is performed.

7. Standard requirements to designing, hardware and the equipment of special facilities are established by federal executive body in the field of migration.

Article 35.2. The rights and obligations of the foreign citizens containing in special facilities

1. Content (stay) of foreign citizens in special facilities shall not be followed by causing it to persons of physical or moral sufferings.

2. The foreign citizens containing in special facilities undergo personal inspection and examination of the things and objects which are in case of them according to the procedure, established by this Federal Law.

3. The foreign citizens containing in special facility are subject to the round-the-clock control and supervision. For the purpose of implementation of such control and supervision and audiovisual, electronic and other technical means of control and supervision can be used to the prevention of violations of the established conditions and procedure for content (stay) for foreign citizens in special facilities.

The foreign citizens containing in special facilities are notified on possibility of use of technical means of control and supervision.

4. Foreign citizens bear responsibility for violation of conditions and procedure for content (stay) for foreign citizens in special facilities according to the procedure, stipulated by the legislation the Russian Federation.

Article 35.3. Procedure of personal inspection of the foreign citizens containing in special facilities and examination of the things and objects which are in case of the specified foreign citizens

1. If other is not provided by the Federal Law, personal inspection of foreign citizens, examination of the things and objects which are in case of the specified foreign citizens are performed on the arrival of them in special facility in case of delivery of the foreign citizen from court, the medical organization or diplomatic representation or consular establishment of foreign state in the Russian Federation or as required during finding of foreign citizens in special facility by the official of territorial authority of federal executive body in the field of same-gender migration with examined in the presence of two witnesses of the same floor who are the full age persons who are not interested in the result of such examination.

2. About personal inspection of the foreign citizen containing in special facility, and (or) examination of the things which are in case of the specified foreign citizen the statement is drawn up. In such act date and the place of its creation, position, surname and initials of the official who drew up this statement, the information about the foreign citizen concerning whom personal inspection and (or) examination of things, about type, quantity and about identification signs of the things which are in case of the specified foreign citizen about type and details of the documents found in case of the specified examination are performed are specified. The form of the act of personal inspection of the foreign citizen containing in special facility, and (or) examination of the things which are in case of the specified foreign citizen affirms federal executive body in the field of migration.

3. The act of personal inspection of the foreign citizen containing in special facility, and (or) examination of the things which are in case of the specified foreign citizen is signed by the official who drew up this statement specified by the foreign citizen and witnesses. In case of refusal the specified foreign citizen from signing of such act in it the corresponding entry is made.

4. The copy of the act of personal inspection of the foreign citizen containing in special facility, and (or) examination of the things which are in case of the specified foreign citizen is handed to the specified foreign citizen.

5. In case of detection at the foreign citizen containing in special facility, the things withdrawn from circulation or limited in turnover in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation withdrawal of such things is performed.

6. About withdrawal of things at the foreign citizen containing in special facility the statement is drawn up. In such act date and the place of its creation, position, surname and initials of the official who drew up this statement, information about the specified foreign citizen, of type, quantity and of identification signs of the withdrawn things are specified. The form of the act of withdrawal of things at the foreign citizen containing in special facility affirms federal executive body in the field of migration.

7. In the act of withdrawal of things at the foreign citizen containing in special facility entry about photo and the filming, video and other established methods of fixing applied in case of withdrawal is made.

8. The act of withdrawal of things at the foreign citizen containing in special facility is signed by the official who drew up this statement specified by the foreign citizen and witnesses. In case of refusal the specified foreign citizen from signing of such act in it the corresponding entry is made.

9. The copy of the act of withdrawal of things at the foreign citizen containing in special facility is handed to the specified foreign citizen.

10. The law-enforcement body in the place of withdrawal of the specified things or in the location of special facility where this foreign citizen contains is without delay notified on withdrawal of things at the foreign citizen containing in special facility.

11. The dangerous substances and objects which are not permitted to storage at the foreign citizen containing in special facility are subject to delivery on temporary storage to the official of this special facility about what the statement is drawn up.

The list of the dangerous substances and objects prohibited to storage at the foreign citizens containing in special facility affirms federal executive body in the field of migration.".

Article 3

Voided according to the Federal Law of the Russian Federation of 08.03.2015 No. 23-FZ

Article 4

Recognize invalid:

1) Item 1, paragraphs the eleventh - the fourteenth and seventeenth - the thirtieth Item 3 of article 2 of the Federal Law of July 23, 2010 No. 180-FZ "About modification of separate legal acts of the Russian Federation in connection with implementation of international treaties of the Russian Federation on readmission" (The Russian Federation Code, 2010, No. 30, the Art. 4011);

2) subitems "b" and "v" of Item 1 and paragraphs the third and fourth the subitem "b" of Item 2 of article 3 of the Federal Law of December 6, 2011 No. 410-FZ "About introduction of amendments to the Federal law "About Bailiffs" and separate legal acts of the Russian Federation" (The Russian Federation Code, 2011, No. 50, the Art. 7352);

3) paragraphs third - the fifth the subitem "an" and the subitem "b" of Item 2, subitems "e" - "and" Item 3, Item 4, paragraphs third - the fifth the subitem "an" and the subitem "b" of Item 7 of article 1 of the Federal Law of December 28, 2013 No. 384-FZ "About introduction of amendments to the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" (The Russian Federation Code, 2013, No. 52, the Art. 6949).

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info