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The police will decide who from foreigners should leave Russia

January 23, 2013, 11:54 UTC+3

From January 29 the decree of Interior Minister will enter into force and will change drastically the procedure of deportation of undesirable people from Russia

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From now on, the foreigners, the stay of whom in Russia the law enforcers find undesirable, will be informed about it and will be asked to leave the country without waiting for a court verdict. The interior minister and his deputies will be able to sanction the foresaid procedure, the RBC daily reported.

From January 29 the decree of Interior Minister Vladimir Kolokoltsev will enter into force and will change drastically the procedure of deportation of undesirable people from Russia. Now this is a too procrastinating mechanism, which envisages a court verdict, only after this court verdict the Federal Migration Service will begin to get rid of “bad guests”.

In the new procedure the sanction of the court will not be needed, the police will decide on those foreigners that will be banned to live in Russia. The territorial law enforcement agencies will process the documents for undesirable foreigners or people without Russian citizenship and will submit them in the central staff of the Russian Interior Ministry in Moscow. In the Russian capital the police officials will study the materials within 14 days and in case of consent they will put them on the table of the interior minister or one of his deputies. The top police officials will decide on the fate of “a Varangian”, signing the proper order.

All checks and coordination with the police officials from the moment the documents over the undesirable stay of a foreigner are submitted should take no more than a month. After that a resolution will be submitted within three days to a police station at the residence place of a foreigner, and a copy of the resolution will be submitted in the Federal Security Service. The police should find a future foreigner subject to expatriation and hand in the expatriation order to him that he should sign. After that a foreigner will be given a few days (individually in each case, but no more than a month) for a voluntary leaving of the country, otherwise, the Federal Migration Service will be involved that is to deport the undesirable guest from the country forcibly.

The police generals can deport from the country illegal migrants as well as foreign guests legally staying in Russia. The latter, according to the addendum to the order of the minister, are facing expatriation, “if the stay (residence) of a foreign citizen poses a real threat to the defence capability or security of the country or the public order or the health of people.”

The previous procedure envisaged that the decision on the deportation of a foreign citizen from Russia was taken by the court, the police and the Federal Migration Service only fulfilled the measures for the deportation and administrative expulsion, lawyer of the law firm Khrenov and Partners Elvira Gadelshina contemplates. She is concerned that the deportation decisions will be taken within the new procedure with a detailed inquiry over whether there are sufficient reasons to take a deportation decision.



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