The Constitution of the Russian Federation is the highest normative legal act of the Russian Federation.
It was adopted by the people of Russia on December 12, 1993 and entered into force on December 25, 1993.
The Constitution has the highest legal force and establishes:
- fundamentals of the constitutional system of Russia;
- government structure;
- formation of representative, executive, judicial authorities and the system of local self-government;
-Human and civil rights and freedoms;
-Constitutional amendments and revision of the Constitution.
Article 62
1. A citizen of the Russian Federation may have citizenship of a foreign state (dual citizenship) in accordance with a federal law or an international treaty of the Russian Federation.
2. The fact that a citizen of the Russian Federation holds citizenship of a foreign state does not detract from his rights and freedoms and does not release him from duties arising from Russian citizenship, unless otherwise provided by federal law or an international treaty of the Russian Federation.
For the citizenship of the Russian Federation, see Federal Law No. 62-FZ of May 31, 2002 and Federal Law No. 138-FZ of April 28, 2023
3. Foreign citizens and stateless persons in the Russian Federation enjoy the rights and duties on an equal basis with citizens of the Russian Federation, except in cases established by federal law or an international treaty of the Russian Federation.
In accordance with Part 3 of Article 62 of the Constitution of the Russian Federation, foreign citizens and stateless persons enjoy rights and obligations in the Russian Federation on an equal basis with citizens of the Russian Federation, except in cases established by federal law or an international treaty of the Russian Federation.
         In accordance with paragraph 1 of Article 5 of Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter Federal Law No. 115-FZ), the period of temporary stay in the Russian Federation of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa may not exceed ninety days. one hundred and eighty days in total during each period of one hundred and eighty days, with the exception of cases provided for by the same Federal Law, as well as in the event that such period has not been extended in accordance with this Federal Law.
1. Legal status of foreign citizens in the Russian Federation
The legal status of foreign citizens in the Russian Federation is defined by Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter referred to as Federal Law No. 115-FZ).Foreign citizens enjoy the rights and duties on an equal basis with citizens of the Russian Federation, taking into account the specifics and restrictions established by federal laws and international treaties.
A foreign citizen is an individual who is not a citizen of the Russian Federation and has proof of citizenship (citizenship) of a foreign state (paragraph 1 of Article 2 of the Law of July 25, 2002 N 115-FZ).
Depending on the reason for the presence of foreign citizens on the territory of the Russian Federation, they can be divided into the following categories (paragraphs 11, 12, 13, paragraph 1, Article 2 of Federal Law No. 115-FZ):
temporary residents of the Russian Federation (foreign persons who are in the Russian Federation on the basis of a visa or who arrived in the Russian Federation in a manner that does not require a visa and have received a migration card, except in cases provided for by an international treaty of the Russian Federation, or a certificate of consideration of an application for recognition as a refugee on the territory of the Russian Federation on the merits, or a refugee certificate, or a certificate of on granting temporary asylum in the territory of the Russian Federation, but without a residence permit or a temporary residence permit);
temporary residents of the Russian Federation (foreigners who have received a temporary residence permit);
permanent residents of the Russian Federation (foreign persons who have received a residence permit).
Для указанных выше категорий иностранных граждан срок законного нахождения на территории РФ определяется продующим образом (P. 1 ст. 2 of the law N 115-ФЗ):
1) in accordance with the general rule of law dłya vremena пребывающих в РФ иностранных граждан срок пребывания (п. п. 1, 3, 8 ст. 5, п. 1 ст. 5.1 of the law N 115-ФЗ; Постановление Правительства РФ of 29.12.2018 n 1744):
opredelяется сроком действия выданной визы, or свидетельства о рассмотрении ходатайства о признании беженцем о признитерии РФ по существа, or удостоверения беженца, or свидетельства о преставлении везного рф тритории РФ;
you cannot exceed 90 Seconds (как суммарного срока пребывания в течение кајдого празвания в 180 суток, так и напревного пребывания) для граждан, пребывших в РФ в безвом продке. In the U.S. it can be extended up to 180 hours or hours.;
opredelяется сроком действия проботу для высококвалифицированного семьи, прибывших в РФ в порядке, не пубующем получения визы;
2) two days of the time of life in the Russian Federation inostrannykh graždan срок прозвания срок прозвания срок действия резвание на временное прозвание, который по общему поставилу составляет три года (P. 1 ст. 6 of the law N 115-ФЗ);
3) для постоянно привающих в РФ иностранных граждан срок проделяется видельство, который до 01.11.2019 выдавался, как пять лет, а с указанной даты выдается бессрочно. Исключением является вид на жительство, выданный высококвалифицированному специалисту and срок которого срок которого срок действия работу, выданного указанному специалисту, также с 01.07.2021 - вид на zhitельство в форме карты с электронным носителем, выдаваемый сроком на десять лет (п. 3 ст. 8 zakona n 115-фз; п. 3 ст. 1, ст. 3 zakona OT 02.08.2019 n 257-фз; п. 5 Paragraph 1, Article 2 Paragraph 3 of the law of 01.07.2021 N 274-FZ).
S 01.07.2021 на территории РФ (территориях отдельных субъектов РФ) вид на жительство при наличии технической возможности выдается в форме карты с электронным носителем интации для хранения биометрических персональных данных vladelytsa (электронного изображения лица человека и папиллярных узоров двух пальцев его рук, пригодных для его идентифиции), and также для хранения пранений данных владельтва (поднее - при наличии), data and places rozhdeniya, пола, гражданства, реквизитов дукумента, удостоверяющего личность иностранного гражданина (P. 3 ст. 8 of the law N 115 - фз; P. 5 § 1, § 2 § 3 of the law N 274-FZ).
Foreign citizens enjoy rights on an equal basis with citizens of the Russian Federation, except in cases stipulated by federal law or an international treaty of the Russian Federation (Part 3 of Article 62 of the Constitution of the Russian Federation; Article 4 of Law No. 115-FZ).
In particular, foreign citizens have the right (Articles 17, 19 of the Constitution of the Russian Federation):
1) to life, inviolability of private life, personal and family secrets, protection of their honor and good name (part 1 of art. 20, part 1 of art. 23 of the Constitution of the Russian Federation);
2) the right to freedom and personal inviolability (Article 22 of the Constitution of the Russian Federation);
3) freedom of movement on the territory of the Russian Federation, choice of place of stay and residence. Exceptions are cases where, for example, restrictions on the right of free movement are required to ensure state security, protect public order, public health and morals, and protect the rights and legitimate interests of citizens of the Russian Federation and others. Also, in some cases, a restriction may be imposed on the choice of a foreign citizen temporarily residing in the Russian Federation of his place of residence in the Russian Federation (Articles 27, Part 3, Article 55 of the Constitution of the Russian Federation; paragraph 2, Article 11 of Law No. 115-FZ).;
4) freedom of conscience and religion (Article 28 of the Constitution of the Russian Federation);
5) access to cultural values, as well as participation in cultural life and use of cultural institutions (Part 2 of Article 44 of the Constitution of the Russian Federation);
6) to apply to the court and other state bodies for the protection of their personal, property, family and other rights (art. 46 of the Constitution of the Russian Federation);
7) to enter into and terminate marriages with citizens of the Russian Federation and other persons in accordance with the legislation of the Russian Federation (Articles 156, 160 of the RF IC);
8) the right to political asylum in accordance with generally recognized norms of international law (Part 1 of Article 63 of the Constitution of the Russian Federation);
9) participate in labor relations (Part 1 of Article 37, Part 1 of Article 44 of the Constitution of the Russian Federation; Article 13 of Law No. 115-FZ);
10) have property by right of ownership; inherit and bequeath property; engage in entrepreneurial and any other activities not prohibited by law; establish legal entities independently or jointly with other citizens and legal entities; make any transactions that do not contradict the law and participate in obligations, as well as have other property and personal non-property rights (Part 2, 4, Article 35 of the Constitution of the Russian Federation; paragraph 1, Article 2, Article 18 of the Civil Code of the Russian Federation).
Foreign citizens do not have the right to serve in the municipal service on the territory of the Russian Federation;
to fill the positions of captain, senior assistant captain, chief engineer and radio specialist in the crew of a vessel flying the State flag of the Russian Federation;
be a crew member of a Russian warship or other vessel operated for non-commercial purposes;
be the commander of an experimental aircraft;
be employed at facilities and organizations whose activities are related to ensuring the security of the Russian Federation;
be a notary public or a patent attorney;
to hold the position of an expert in state forensic institutions;
to elect and be elected to federal bodies of state power, bodies of state power of subjects of the Russian Federation, as well as to participate in referendums of the Russian Federation and referendums of subjects of the Russian Federation.
At the same time, foreign citizens permanently residing in the Russian Federation have the right, on the basis of international treaties of the Russian Federation, to elect and be elected to local government bodies, as well as to participate in a local referendum (Clause 2, Article 12 of Law No. 115-FZ).
As a general rule, a foreign citizen who has reached the age of 18 has the right to work in the Russian Federation if he has a work permit or a patent (clause 4, Article 13 of Law No. 115-FZ).
A work permit is a document confirming the right of a foreign citizen who has arrived in the Russian Federation in accordance with the procedure requiring a visa, and in established cases - of other categories of foreign citizens, to temporarily work in the territory of the Russian Federation (paragraph 1 of Article 2 of Law No. 115-FZ).
A patent is a document confirming the right of a foreign citizen who has arrived in the Russian Federation on a visa-free basis, with the exception of certain categories of foreign citizens, to temporarily work on the territory of a constituent entity of the Russian Federation (Clause 1, Article 2 of Law No. 115-FZ).
This procedure does not apply, in particular, to foreign citizens (clause 4 of Article 13 of Law No. 115-FZ):
1) permanently or temporarily residing in the Russian Federation. At the same time, as a general rule, an employee temporarily residing in the Russian Federation has the right to work only on the territory of the subject of the Russian Federation in which he has the right of temporary residence (paragraphs 5, 6 of art. 13 of Law No. 115-FZ; paragraph 2 of the Appendix, approved by the Government of the Russian Federation). By Order of the Ministry of Health and Social Development of Russia dated July 28, 2010 N 564n);
2) who are participants in the State Program to facilitate the Voluntary Resettlement to the Russian Federation of compatriots Living abroad and their family members who are resettling with them in the Russian Federation;
3) students in the Russian Federation in professional educational organizations and educational institutions of higher education and performing work (providing services) during the holidays or working in their free time, in particular, in these educational organizations;
4) recognized as refugees on the territory of the Russian Federation, until they lose or are deprived of their refugee status.;
5) those who have received temporary asylum on the territory of the Russian Federation, until they lose or are deprived of their temporary asylum.
As a general rule, a temporarily staying foreign citizen is not entitled to work outside the territory of the subject of the Russian Federation in which he has been granted a work permit or patent, as well as in a profession (specialty, position, type of work) that is not specified in the work permit (clause 4.2, Article 13 of Law No. 115-FZ).
Foreign citizens also have duties on an equal basis with citizens of the Russian Federation, except in cases stipulated by federal law or an international treaty of the Russian Federation (Part 3 of Article 62 of the Constitution of the Russian Federation; Article 4 of Law No. 115-FZ).
In addition, foreign citizens are required, in particular:
when entering the Russian Federation, fill out a migration card, and when leaving the Russian Federation, hand it over to an official of the border agency of the Federal Security Service at a checkpoint across the State Border of the Russian Federation in the absence of grounds for exemption from filling out the migration card (clause 3 of Article 30 of Law No. 115-FZ; Article 25.9 of Law No. 114-FZ of 08/15/1996);
Certain categories of persons enter the Russian Federation without a migration card, in particular (paragraph 8 of Article 97 of the Treaty on the Eurasian Economic Union dated 05/29/2014; paragraph 1 of Article 2 of the Agreement between the Russian Federation and the Republic of Belarus dated 01/24/2006; paragraph 2 of Article 3 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus dated 10/05/2004):
crew members of civil aviation aircraft when staying at airports;
foreign citizens temporarily or permanently residing in the territory of the Russian Federation or the Republic of Belarus;
citizens of the Republic of Belarus;
citizens of other EAEU member states (the Republic of Kazakhstan, the Republic of Armenia, the Kyrgyz Republic) upon entry into the Russian Federation for a period of no more than 30 days according to documents allowing marking of crossing the state border.
comply with the rules of migration registration (Part 1 of Article 20 of the Law of 18.07.2006 N 109-FZ; paragraph 20 of the Rules, approved by By Decree of the Government of the Russian Federation No. 9 dated 15.01.2007);
leave the Russian Federation upon expiration or after shortening the period established for legal stay in the territory of the Russian Federation, upon cancellation of a temporary residence permit or residence permit, as well as in other cases provided for by law (clause 2 of art. 5, clause 11 of art. 13.2, clauses 1, 2 of art. 31 of Law No. 115-FZ);
within two months (if there are valid reasons, six months) after the expiration of the next year from the date of obtaining a temporary residence permit in the Russian Federation, submit a notification confirming your temporary residence in the Russian Federation with a document confirming the amount and source of income for the specified year (Clause 9, Article 6 of Law No. 115-FZ);
submit an application for replacement of a residence permit within the prescribed time frame upon the occurrence of certain circumstances (Clause 6 of Article 8 of Law No. 115-FZ);
within two months (six months if there are valid reasons) from the date of expiry of the next year from the date of obtaining a residence permit, confirm their permanent residence in the Russian Federation (clause 11 of Article 8 of Law No. 115-FZ).
Foreign citizens guilty of violating the legislation of the Russian Federation are held accountable in accordance with the legislation of the Russian Federation (art. 33 of Law No. 115-FZ).
For example, a foreign citizen is brought to administrative responsibility for violating the rules of entry into the Russian Federation or the regime of stay (residence) in the Russian Federation, including violations of the rules of migration registration, movement, or the procedure for choosing a place of stay or residence, or failure to comply with obligations to notify of confirmation of his residence in the Russian Federation. Such an offense entails the imposition of an administrative fine in the amount of 2,000 to 5,000 rubles, with or without administrative expulsion from the Russian Federation (Part 1 of Article 18.8 of the Administrative Code of the Russian Federation).
The same liability measures are provided for foreign citizens who work in the Russian Federation without a work permit or patent, or outside the territory of the subject of the Russian Federation in which they were granted a work permit, patent, or temporary residence permit (Part 1 of Article 18.10 of the Administrative Code of the Russian Federation).
There are some special features when bringing a foreign citizen to administrative responsibility. Thus, when considering a case of an administrative offense involving the administrative expulsion of a foreign citizen from the Russian Federation, his presence is mandatory. Also, for example, in order to prevent an administrative offense, it is possible to place foreign citizens who are subject to administrative expulsion from the Russian Federation in the form of forced expulsion in special institutions or in specially designated premises of border authorities (part 3 of art. 25.1, paragraph 12 of h. 1 art. 27.1, part 1 art. 27.19 of the Administrative Code of the Russian Federation).
It should also be noted that the departure of foreign citizens from the Russian Federation may be restricted if they (art. 28 of the Law of 08/15/1996 N 114-FZ):
1) are detained on suspicion of committing a crime or are involved as defendants - before a decision is made on the case or before the court verdict comes into force.;
2) convicted of committing a crime on the territory of the Russian Federation, - before serving (executing) the sentence or before being released from punishment, with the exception of foreign citizens released on parole from serving their sentence, if they do not have material obligations to the injured party in accordance with the court decision.;
3) evade the fulfillment of obligations imposed on them by the court - until the fulfillment of obligations or until an agreement is reached by the parties;
4) have not fulfilled their obligations to pay taxes stipulated by the legislation of the Russian Federation, before fulfilling these obligations;
5) brought to administrative responsibility in accordance with the legislation of the Russian Federation for committing an administrative offense on the territory of the Russian Federation, - until the execution of the sentence or until release from punishment.
In accordance with article 4 of the Criminal Code of the Russian Federation, persons who have committed crimes are equal before the law and are subject to criminal liability regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.
According to article 11 of the Criminal Code of the Russian Federation, a person who commits a crime on the territory of the Russian Federation is subject to criminal liability under this Code.
Responsibility of foreign citizens and stateless persons for non-compliance with the regime of stay (residence) in the Russian Federation
Foreign citizens and stateless persons (hereinafter referred to as a foreign citizen) temporarily staying in the Russian Federation, permanently or temporarily residing in the Russian Federation, when staying in a place of stay that is not their place of residence, are subject to registration at the place of stay and are required to leave the Russian Federation upon expiration of the visa or other period of temporary stay (Part 1 of Article 20 of the Law of 07/18/2006 N 109-FZ; paragraph 2 of Article 5 of the Law N 115-FZ; paragraph 20 of the Rules, approved by By Decree of the Government of the Russian Federation dated 15.01.2007 N 9).
Criminal liability is provided for fictitious registration of a foreign citizen at the place of residence in a residential building in the Russian Federation (Art. 322.2 of the Criminal Code of the Russian Federation).
The registration of a foreign citizen or a stateless person at the place of residence is considered fictitious on the basis of the submission of deliberately false information or documents for such registration, or their registration at the place of residence without their intention to reside in the relevant residential premises, or their registration at the place of residence without the intention of the tenant (owner) of the relevant residential premises to provide them with this room for residence (paragraph 10 of Part 1 of Article 2 of the Law of 18.07.2006 N 109-FZ).
In addition, criminal liability is provided for fictitious registration of a foreign citizen at the place of residence in the Russian Federation (Art. 322.3 of the Criminal Code of the Russian Federation).
Fictitious registration of foreign citizens at their place of residence in the Russian Federation is understood as their registration at their place of residence (note to Art. 322.3 of the Criminal Code of the Russian Federation):
based on the submission of deliberately false information or documents;
in a room without the intention of foreign citizens to actually reside (stay) in this room or without the intention of the receiving party to provide this room for actual residence (stay);
at the address of an organization in which foreign citizens do not carry out labor or other activities not prohibited by law in accordance with the established procedure.
After establishing the fact of fictitious registration or the fact of fictitious registration (which is recorded in the relevant conclusions), the territorial body of the Ministry of Internal Affairs of Russia removes the foreign citizen from registration at the place of residence or from registration at the place of stay, respectively (paragraphs "e" of paragraph 16, paragraphs "d" of paragraph 37, paragraph 40 of the Rules).
If a crime is committed on the territory of the Russian Federation by a foreign citizen who subsequently finds himself outside its borders, and it is impossible to carry out procedural actions with his participation on the territory of the Russian Federation, all materials of the initiated and investigated criminal case are transferred to the Prosecutor General's Office of the Russian Federation, which decides whether to send them to the competent authorities of a foreign state for criminal prosecution (art.the Procedural Code of the Russian Federation).
The Russian Federation has the right to send a request to a foreign State for the extradition of a person for criminal prosecution or execution of a sentence. The reason for this is the existence of an international agreement with such a foreign state (Part 1 of Article 460 of the Criminal Procedure Code of the Russian Federation).
In the absence of a contract, the basis is a written commitment by the Prosecutor General of the Russian Federation to extradite persons to this state in the future in accordance with the laws of the Russian Federation.
How to hire a foreigner
When applying for a job, a foreigner needs a national passport and SNILS. If there is no SNILS, register the foreigner with the FIU. A foreigner presents a work record or a STD-R, if he has them (art. 65 of the Labor Code of the Russian Federation).
Require a patent from visa-free foreigners. The exception is foreigners with a residence permit or a residence permit, as well as citizens of Belarus, Kazakhstan, Kyrgyzstan and Armenia. You will have to apply for a work permit instead of a patent for a highly qualified or visa-based foreigner.
Everyone must have a VMI policy, except for citizens of Belarus and foreigners who have an RVPS or a residence permit (art. 327.3 of the Labor Code of the Russian Federation).
Send a notice of the conclusion of an employment contract to the Ministry of Internal Affairs no later than 3 business days. Belarusians do not need to be notified about employment (Article 13 of Law No. 115-FZ, paragraph 1 of Decision No. 4).
Failure to notify of the conclusion of the contract is fined from 400,000 to 1,000,000 rubles, and failure to notify of arrival is from 400,000 to 500,000 rubles (Articles 18.15, 18.9 of the Administrative Code of the Russian Federation).
How to hire under an employment contract. When applying for a job, you need three documents: passport, SNILS, work record or STD-R. For a person applying for a job for the first time, only a passport and SNILS are required. If a person does not have SNILS, register them with the FIU (art. 65 of the Labor Code of the Russian Federation).
A military ID is needed only for those who are liable for military service.
Require documents on education or qualifications only if they are needed to work in a specific position or specialty. For example, a driver's license for a driver. If an employee claims deductions, you need a certificate of income from your previous place of work, and to pay for sick leave, you need a certificate of earnings.
A job application is not required - everything will be formalized by an employment contract. But if it is more convenient for the employer, then the employee writes a statement.
Issue a work order and an employment contract no later than three working days from the date the employee leaves for work (art. 68 of the Labor Code of the Russian Federation).
Foreign citizens who have arrived in the Russian Federation in a manner that does not require a visa, for the purpose of employment, as well as for other purposes for a period exceeding 90 calendar days, are subject to mandatory state fingerprint registration (hereinafter referred to as fingerprint registration), photographing, and medical examination (paragraphs 13 and 18 of Article 5 of the Federal Law Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation").
Foreign citizens arriving in the Russian Federation for the purpose of employment are required to undergo fingerprint registration and photographing within 30 calendar days from the date of entry, or when applying for a patent or work permit.
The state registration of marriage is carried out by any registry office in the territory of the Russian Federation at the choice of the persons entering into marriage through the preparation of an appropriate record of the act of civil status, on the basis of which a marriage certificate is issued.
The right to medical care for foreign citizens residing and staying in the territory of the Russian Federation is established by the legislation of the Russian Federation and relevant international treaties of the Russian Federation. Stateless persons permanently residing in the Russian Federation enjoy the right to medical care on an equal basis with citizens of the Russian Federation, unless otherwise provided for by international treaties of the Russian Federation.
The procedure for providing medical care to foreign citizens is determined by the Government of the Russian Federation.
The patient has the right to:
1) the choice of a doctor and the choice of a medical organization in accordance with this Federal Law;
2) prevention, diagnosis, treatment, and medical rehabilitation in medical organizations in conditions that meet sanitary and hygienic requirements;
3) getting consultations from specialist doctors;
4) relief of pain associated with a disease, condition, and/or medical intervention, methods, and medications, including narcotic medications and psychotropic medications;
5) receiving information about their rights and obligations, their state of health, and choosing persons to whom information about their state of health can be shared in the interests of the patient, including after his death;
6) receiving therapeutic nutrition if the patient is being treated in an inpatient setting;
7) protection of information constituting a medical secret;
8) refusal of medical intervention;
What the patient has the right to do in case of poor-quality provision of medical services to him
9) compensation for damage caused to health during the provision of medical care;
10) the admission of a lawyer or legal representative to him to protect his rights;
11) the admission of a clergyman to him, and in the case of a patient being treated in an inpatient setting - to provide conditions for religious rites, which can be performed in an inpatient setting, including the provision of a separate room, if this does not violate the internal regulations of the medical organization.