One of the consequences of violations while living in Russia is the expulsion of foreign citizens from the Russian Federation. This measure of punishment means expulsion from the territory of the state forcibly due to violation of the norms of administrative or migration law. But often deportation and expulsion are identified, which is fundamentally wrong.

The concept of expulsion

The institution of deportation regulates the forced, but, as a rule, independent departure of a foreigner, which is how it differs from expulsion. The main one is the lack of grounds for legal residence within the country. The migrant is simply forced to leave the Russian territory, since he has expired the period during which he had the right to live in Russia. The decision to deport can be canceled in court.

Administrative expulsion from the Russian Federation is one of the types of punishment provided for committed offenses. It is far from always that we are talking about illegal actions in the field of migration law. The decision is made only for those violations for which, under Russian law, an administrative penalty is imposed. In addition, persons are subject to forcible expulsion due to violation of the established rules in the country customs regulations or attempts to enter the Russian Federation with a fake passport.

The main differences from deportation

1. Expulsion is a type of liability for a committed offense. Deportation is recognized as only one of the instruments of state influence on a person.
2. For expulsion, a court decision is required, it is preceded by a period for considering a case on violation of the Code of Administrative Offenses of the Russian Federation. Deportation becomes possible when the corresponding order is taken by the head of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia. In order to make this decision, usually enough grounds in the form of lack of the right to stay inside the country.
3. The decision on deportation must be executed within five days, and the decision on administrative expulsion - immediately after its entry into force.
4. The deadline for filing an appeal also differs. The decision to deport a citizen from Russia can be appealed and canceled within three months. When expelling, the period is different - only ten days after receiving the decision.

Reasons for application

The process is a forced expulsion due to the loss by a foreigner or stateless person of any legal grounds for residence (work, study) in Russian Federation. The most common reasons include:

• Delayed departure from the country (the validity of the visa or the maximum visa-free stay has expired);
• the validity period of the work permit (patent), temporary residence permit has expired, the residence permit was canceled, confirming the legality of residence;
• a foreign person could not receive, lost or lost it;
• entry into the country was illegal (carried out on false personal documents);
• the presence of a foreigner on the territory of Russia was recognized as undesirable.

Consequences of deportation

The decision to deport any real consequences does not entail. Problems can arise only if a foreigner categorically refuses to leave Russia long term. In this case, the migrant is sent home forcibly, accompanied by an escort up to the plane (train, bus abroad).

In case of systematic violations of the regime of stay in Russia, the GUVM decides to impose a more severe punishment, including a restriction on entry.

How to dispute

The decision can be canceled within three months from the moment the foreigner became aware of it. An appeal against a court decision is accepted only for ten days.

Contestation is usually carried out in court. In rare cases, the appeal is addressed to the head of the migration authorities (GUVM of the Ministry of Internal Affairs of Russia). A positive outcome of the case allows you to cancel the administrative decision.

Reasons for expulsion

The difference lies in the fact that expulsion is possible only as a result of violation of the laws of Russia:

• illegal employment;
• the absence of a citizen on the registration account;
• violation of the rules of stay inside the country or transit;
• non-compliance with the real purpose of the visit stated in the migration card;
• failure to provide or lack of permits;
• untimely receipt of a duplicate of the lost documents confirming the right to stay in the country;
• refusal to leave the state territory at the end of the terms of the possible residence;
• committing an offense under the Code of Administrative Offenses of the Russian Federation.

There are several fundamental differences between expulsion and deportation.

1. Deportation is carried out on the basis of a decision of an official of the FMS of Russia. Expulsion, in most cases - on the basis of a court decision.
2. Expulsion is preceded by a number of procedural actions. Considering that expulsion is a punishment provided for violation of the established rules of conduct, expulsion is applied only if the guilt of a foreign citizen in committing an offense is proven. Despite the fact that the Code of Administrative Offenses of the Russian Federation imposes the obligation to prove guilt on the state body, the process of proof is adversarial, and a foreign citizen has the opportunity to provide evidence of his innocence, ask the court not to apply expulsion to him due to the presence of exceptional circumstances, usually related to with his personal life.

When making a decision on deportation, a foreign citizen is not present. The decision on deportation is made by an official of the FMS of Russia on his own, if there are grounds for this 91 . The circumstances of a foreigner's personal life, when making a decision on deportation, as a rule, are not taken into account 92 .

1. Expulsion may not be applied to a person if the deadlines for bringing to justice have expired. administrative responsibility 93 . A decision on deportation can be made against a foreigner at any time.
2. The decision on the basis of which the expulsion is made can be appealed to a higher court in the appeal procedure (within 10 days from the date of its delivery), as well as in the supervisory procedure (without time limit). The decision on deportation is appealed in accordance with the procedure of Chapter 25 of the Code of Civil Procedure of the Russian Federation 94 - within 3 months from the date when the foreign citizen became aware of the existence of such a decision, and in the order of subordination, by filing a complaint with a higher official - without time limit.
3. Deportation decision is being executed foreign citizen within 5 days of receiving it. Appeal by itself does not suspend the deportation decision. The court has the right to issue a special ruling on the suspension of the decision on deportation.

Expulsion is executed only on the condition that the decision on expulsion has entered into force, that is, after 10 days from the date of delivery of the decision to the foreigner. In the case of filing an appeal against the decision, administrative expulsion is not carried out until the appeal is considered by a higher court.

In addition, the decision to expel may be canceled on procedural grounds, due to the absence of an event or offense, as well as if the statute of limitations for bringing a citizen to administrative responsibility has expired. The decision to deport is canceled due to the lack of legal grounds for deportation, or if the migration authority has committed significant violations of the decision-making procedure.

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91 The grounds are specified in Art. 25.10 of Law No. 114-FZ.

92 Based on the legal position set out in the Ruling of the Constitutional Court of the Russian Federation of March 2, 2006 N 55-O, the Russian authorities, when making decisions on deportation, separating a family, restricting the right to respect for private and family life, as well as to protect this right from unjustified interference by the authorities , must check whether in this case the decision to deport is a justified measure, whether the balance of private and public interests is observed, and to what extent this measure of responsibility corresponds to the nature of the offense and its consequences.

The decision to deport must be justified. Having established the existence of exceptional circumstances related to the personal life of the applicant, officials, for humanitarian reasons, have the right not to deport the foreigner, applying to him another measure of influence provided for by law.