One of the forms of forced eviction of foreigners from their own territories to another state was deportation. Although this term appeared in the 18th century, the modern attitude to it is ambiguous - from pity for forced migrants to the denial of such a concept in general regarding some historical events (for example, in the USSR). We are talking about understanding, legislative grounds, causes and consequences for the citizen of the process in this material.

The concept of migration

The increased number of migrants in recent decades speaks of the mobility of the population and its firm intention to find better living conditions. The process of moving a person from one place to another is called migration. Distance, types of settlements, the status of a person in a foreign country, as well as his intentions and motives are all grounds for classifying settlers. However, they are united by one thing: the fact of being on “not their own” territory.

We propose to understand in more detail who they are.

Approaches to the definition of the term "deportation"

Expulsion, expulsion, readmission, extradition - all these are terms that characterize the process of forced relocation of a citizen outside the country. Let's try to figure out who, for what and under what conditions can be "expelled" from the state.

The “Explanatory Dictionary of the Russian Language” by S.I. Ozhegov and N.Yu. Shvedova succinctly gives: “expel, remove from the country.” The new dictionary of foreign words indicates, among other things, the reasons for a criminal or administrative violation. And the “Dictionary of New Foreign Words” by N. G. Komlev gives a second interpretation of the term: “involuntary resettlement as an instrument of state policy”. Scientific and legislative sources describe how deportation takes place - voluntarily or under escort, which depends on the reasons and intentions of the foreigner. Guards accompany criminals, as well as those who refuse to follow the letter of the law and leave the country voluntarily. The process of eviction itself is one of the tools of the state's fight against. The concept of "indefinite deportation" means a ban on visiting the state in the future. It applies more often to persons who have committed an offense. For those who simply had an overdue period of stay in the country, a period is usually determined after which it will be possible again. It would be appropriate to tell everything about deportation and expulsion, as many people confuse these terms. Expulsion is a punishment for an administrative offense, which consists in forced expulsion from the state. Here the basis is a court verdict, which must be carried out, even if a person has documents for legal residence in the country (,). In case of deportation, the decision to move a foreigner is made by the head of the territorial migration authority. And the deportees are foreign citizens staying on the territory of the country without appropriate documents, not necessarily offenders.

Regulatory acts

Russian legislation clearly prescribes the grounds and process for the eviction of foreigners and stateless persons from its territory. At the same time, the Federal Law on Deportation has not been adopted in the country. The procedure for forced eviction outside the state is carried out on the basis of the following legislative acts:

• Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" dated July 25, 2002 No. 115-FZ;
• Federal Law "On Citizenship of the Russian Federation" dated May 31, 2002 No. 62-FZ;
• Federal Law No. 114-FZ dated August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation”;
• separate chapters of the Administrative and Criminal Codes.

The decision to deport is made on a variety of grounds, but there are categories of people who, according to international law, cannot be evicted. First of all, they include citizens of the country: this is stated in the 4th Protocol of the European Convention for the Protection of Human Rights. So the Russians in Russia, and the Greeks in Greece, under no circumstances will fall into this process. Representatives of national minorities and indigenous peoples can also sleep peacefully, because the Rome Statute of the International Criminal Court (Article 7) considers their forced resettlement a crime and provides for international sanctions.
Also, they may not think about how to solve deportation cases:

• asking or applying for (before a formal decision is made on their issue);
• those who have already received such a status (as long as it remains in effect);
• those whose “humanitarian status” has ended, but it is inhumane to send them back to their homeland (may be subject to persecution for racial, political, religious reasons);
• employees of embassies and consulates.

And if there is no citizenship

With the owners of foreign passports, everything is clear: they are sent home. And how the deportation of a stateless person is carried out is another important question. Most often, the issue of forced eviction of a stateless person becomes acute when he violates the law. After serving his sentence and, in fact, the impossibility of evicting him to a certain country, an indefinite imprisonment is applied, which is based on the “undesirability of being” in society.

Grounds for forced eviction

To understand why they can be deported, every foreigner crossing the border of the state should, at least for the purpose of prevention. Labor migrants and guests of the state (tourists, for example) are not in danger of deportation if they have no administrative or criminal offenses and documents, as they say, are “in order”. Otherwise, action is taken. The main and most common reasons for deportation are the violation of the migration regime of stay on the territory of the state. Thus, a foreign citizen can be deported if he:

• entered the country illegally or with forged documents;
• lives with an invalid stamp or certificate (TRP, residence permit, visa, etc.);
• or on a tourist visa;
• did not notify the relevant authorities of the change of residence;
• previously banned from entering the country.

Offenders are forcibly evicted without fail, and not only criminals. If you are interested in the question of whether they can be deported for an administrative offense, you should know: they can and will do it if the court decides so. Only this procedure will be called expulsion. A person who is considered an “undesirable” guest in the country is also subject to eviction. In the countries of the Middle East, deportation is practiced for immoral behavior.

Deportation process (order of execution)

Citizens who are ordered by a court or migration authorities to be forced to leave the country should be aware of the procedure for implementing deportation. This process is launched due to the discovery of a delay in the document - the basis for the stay of a foreigner in the territory of the Russian Federation or as a result of an offense committed by him. In this case, a foreign citizen is brought to the police “until clarification” and if he is identified as a violator specifically in the migration area, he is transported to special institutions for persons subject to eviction. After the decision on deportation is made by the Main Department of Internal Affairs of the Ministry of Internal Affairs, the foreigner is sent home. There is also an option when a foreign citizen does not even have time to officially enter the state. It is not worth talking a little about why and how deportation from the country takes place at the airport. People who, for example, have an expired visa or have a ban on entering the country “from the last time” risk stopping the trip as soon as they leave the plane. In this case, the head of the migration authority decides to send him to his homeland.
Quite often there is confusion in understanding the terms "deportation" and "extradition", although there is nothing in common between them. Extradition is referred to when a court orders the "extradition" of a foreign citizen to the state in which he is recognized as a criminal. That is, in fact, on the territory of, say, the Russian Federation, he is clear before the law, but Russia, being a party to various international treaties, must transfer him to another state, where he will stand trial and serve his sentence. In the case of the relationship between the concepts of "deportation" and "readmission", the second is distinguished by the obligatory fact of the existence of international treaties and agreements that regulate the issues of "extradition" of individual citizens. The terms of such treaties often provide for the expulsion to a particular country not only of its citizens, but also of citizens of other states who have come from it. A separate case is deportation after serving a sentence. Let's say if, for example, an Italian has violated Russian laws, he is obliged to carry out the verdict of the court and only after that return to his homeland. Moreover, for his expulsion, an additional order of the Ministry of Justice on the “undesirability” of this citizen in the country will be needed. Only after that, the migration authorities make a decision on his eviction and inform the administration of the place of punishment. If the court provides, for example, only a fine or compulsory work (rather than imprisonment), the foreigner goes home after fulfilling his obligations.

If you stay longer

The most common reason for expulsion is a violation of the terms of stay in the country. After the final date, the foreigner undertakes to leave the territory of the state within 3 days, otherwise he will have to leave it forcibly and with the payment of a fine.

If the residence permit was canceled

If, for some reason, a document is invalidated, which is the basis for a legal stay in the country (a residence permit, for example), a citizen has 15 calendar days to voluntarily leave, otherwise he is subject to deportation.

If the decision was made by the court

We mentioned who makes the decision on deportation, this is the head of the migration authorities or the court. Court orders are applied to citizens who have violated the law, and then the expulsion procedure is implemented. There have been cases in history when the decision to evict entire peoples was initiated by the authorities, which was part of state policy. For example, a similar deportation decree was signed by the Presidium of the USSR Armed Forces on August 28, 1941 and concerned the forced resettlement of Germans who lived in the Volga region. More than 400 thousand representatives of this nationality were moved to Siberia, Kazakhstan and Central Asia.

Who pays for shipping

International and national law rightly prescribes a foreigner to travel at his own expense. However, if the person to be deported does not have the required amount, the deportation can be carried out with financing:

• the one who invited (employer, international organization, individual);
• diplomatic representation of the "native" state;
• host country (if the above options are not possible).

Terms of deportation

For how many years they will be deported is one of the most pressing issues that interests foreigners living in the Russian Federation. If a person has expired or canceled permits and certificates, there are administrative violations, he risks getting a ban on visiting the country for 3, 5 or even 10 years, depending on the reasons for deportation. So you need to keep track of your documents and renew them on time. Domestic legislation does not provide for an option to reduce the period of deportation of foreign citizens from the Russian Federation, it can either be observed or appealed and completely canceled. Not quite a legal option to re-enter Russia is to obtain a new passport in your home country. If such tricks are discovered by the migration authorities, a foreigner is threatened with a ban on visiting the country under a new surname, and if the documents are fictitious, he is also subject to criminal liability. In some cases, citizens, on the contrary, need to know how to expedite deportation. In such cases, the facts of violation of migration laws by a foreign citizen (expiration of documents, non-residence, etc.) are reported to state bodies.

Cancellation of deportation: in what cases is it possible

A foreigner who is ordered to leave the country, of course, is trying to figure out how to cancel the deportation if all the documents are in order. The following grounds will help to cancel the deportation:

• the foreigner's relatives (parents, children, spouses) are Russian citizens;
• there was just a mistake and the citizen has a valid residence permit, RVP or patent in his hands;
• the term of study has not yet ended (for students);
• treatment of serious diseases is necessary.

How much does it cost to remove deportation through the court is a question of interest to everyone who finds himself in a similar situation. After all, the only possible option to appeal against the decision of the migration authorities is to file an appropriate claim with the court at their location. This can be done within 3 months after the notice of expulsion. The court has 10 days to appeal. The price for the cancellation of deportation in 2019 depends on the case, is determined by a specific lawyer and can range from 25,000 to 30,000 rubles. The range of services typically includes:

• clarification of circumstances;
• drawing up a petition;
• representation in court;
• execution of all documents after the decision of the court.

How to check your passport: is the ban still valid?

It is also worth mentioning how deportation looks like in a foreign passport and whether it is noted in documents at all. Whether or not to put such a stamp depends on the legislation of the country, but even its absence in a foreign passport does not allow hiding this fact from government agencies. The deportation decision usually sets (depending on the reasons) a specific period for which entry is prohibited. The final dates may not be officially announced to the citizen, and only at the next visit to the country it will become clear whether the deportation has been canceled or not. Progress does not stand still, and government migration authorities are trying to keep up with it. Today, you can find out your status (even without visiting the state) without leaving your home - through the online check system on the official website of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation. By filling out a short questionnaire, a person receives the necessary data within a few days.

Ways to challenge a deportation decision

There are cases when the expulsion of a particular person from the country is beneficial to his relatives, business partners or even the authorities. What to do if a foreigner is sure that he is right, and considers the actions of the authorities expelling him illegal? The only answer is to go to court. At the same time, it is important to write a petition for review of the court decision within 10 days from the date of its adoption. The expulsion process is suspended for the duration of the hearing so that the complainant can attend the hearings in person and defend their interests.

How to file an appeal

The basis for starting hearings to challenge the deportation is the appeal filed by him. A competent lawyer will help to compile it, however, if you know the rules for filling out a paper with which you can appeal against deportation, it will not be difficult for a foreign citizen himself to do this.

The main thing is to correctly indicate all the initial data of judicial decisions that are refuted, and legislative acts that a person refers to to confirm his innocence; be sure to provide evidence why the deportation is illegal, and back up the words with relevant documents.

If the arguments are strong, and the actions of the migration authorities are found to be unlawful, the decision to expel from the country should be canceled.

What threatens the violator

The consequences of deportation can be material and limiting. Citizens who have slightly exceeded the period of stay in the country and voluntarily left it should not be afraid of them. If a foreigner was unreasonably on the territory of the state and violated migration laws, he faces deportation and a ban on entry, if one or two documents are missing when checking at the airport, he can be sent home by the same plane without any special consequences, except for wasted time and nerves . But in case of administrative expulsion (by a court decision), a citizen of another country is prohibited from crossing the border of the state for at least 5 years. The legislation also provides for a criminal fine for deportation in the event that a crime of medium gravity was committed (forgery of documents, for example), and also when a foreigner avoided leaving, hiding from the authorities. Here the composition of the offense is seen, and it is worth being prepared for material sanctions. Is it possible to cancel the deportation by paying a fine - the solution to this problem is within the competence of the authorities. After all, sometimes the courts do not have the opportunity to prescribe another type of punishment, except for expulsion, even for a minor violation of the law by a migrant. And a fine in such a situation would be a good alternative. Information about persons who were hiding from the law and did not leave the country within the specified period is entered into the so-called "black" list - a special register of the Main Department of Internal Affairs of the Ministry of Internal Affairs. Here, in the public domain, you can find the data of foreigners whose stay in the Russian Federation is recognized as “undesirable”.

If you arrived despite the ban

Crossing the Russian border ahead of time, determined by the conditions of deportation (expulsion), is fraught for a foreigner with a second expulsion and an increase in the term of the ban on entry into the state up to 10 years.

Prevention of deportation

Experienced lawyers, migration authorities, and just thematic Internet sites give migrants instructions on deportation, which will help them avoid the humiliating eviction procedure. Key tips for foreign nationals wishing to stay in the country:

• correctly fill in all the points, correctly and accurately prescribing the reasons for staying in the country;
• on time , and ;
• do not transfer original documents to anyone;
• to renew all certificates and certificates in due time;
• do not violate Russian law.

Compliance with these regulations is the answer to the question of how to avoid deportation.

Deportation cannot be left

The reasons and grounds for staying in the territory of a foreign state are different for each migrant. Deportation as a forced deportation should not frighten conscientious citizens, but for violators it becomes a measure of fair punishment for disrespect for foreign laws and traditions.

Deportation of Russian citizens: Video