The Act of Moscow City Court as of of 23.07.2014 N 4a-1213/2014 confirmed the legitimacy of bringing a foreign citizen to administrative responsibility, noting the important aspects of migration registration in Russia.
By decision of the judge of Nagatinsky District Court of Moscow as of February 26, 2014, a citizen of the Republic of Tajikistan S. found guilty of an administrative offense under Part 3 of Art. 18.8 of the Administrative Code of the RF, and he was brought to administrative punishment in the form of an administrative fine of 5,000 (five thousand) rubles with administrative expulsion outside of the RF in the form of a controlled independent departure. By a decision of the judge of the Moscow City Court as of March 20, 2014, this decision was left unchanged, the complaint of S. - without satisfaction.
Considering the complaint on this decision, the Moscow City Court noted that S. asked in the complaint for the abolition of the above judicial acts and the termination of the proceedings, citing the fact that at the time of his detention the established by the agreement between Russia and the Republic of Tajikistan 15-day period had not expired, during which a citizen of the Republic of Tajikistan, who has arrived in the RF, may be on the territory of the country without migration registration.
In accordance with Art. 20 of the Federal Law № 109-FZ as of July 18, 2006 "On Migration Registration of foreign citizens and stateless persons in the RF", a foreign citizen, if he is in a place of stay, is obliged to register at the place of his stay in the manner and under the conditions established in compliance with this Federal Law or international treaty of the RF.
In accordance with Art. 1 of the Agreement between the RF and the Republic of Tajikistan on the Procedure for the Stay of Citizens of the Republic of Tajikistan on the Territory of the RF, citizens of the Republic of Tajikistan temporarily staying in the territory of the RF are exempted from the obligation to be registered at the place of their stay in the competent bodies of the RF within 15 days.
The Moscow City Court noted that the obligation of a foreign citizen to be filed for migration registration must be fulfilled no later than the day following the expiration of the period established in the law, which in this case is 15 days from the date of entry of a foreign citizen into the RF. Thus, a foreign citizen who has arrived in the RF is entitled to take up migration registration at the place of stay and before the expiration of the specified period. However, in both cases, timely, including early performance by a foreign citizen of the obligation to register for migration records, confirmed by the tear-off part of the form for notification of arrival at the place of stay, is a legally significant fact. In particular, a foreign citizen who is on the immigration account must live at the address indicated in the notification of arrival at the place of stay, except for cases when the place of stay is a non-residential premise that is the location of the organization in which the foreign citizen performs labor activity.
The Moscow City Court noted that in the decision of the judge of the Moscow City Court it is correctly noted that in other cases the residence of a foreign citizen at the address not coinciding with the place of his registration for migration registration - is a violation of the rules of migration registration, the responsibility for which is provided for by Part 3 of the Art. 18.8 of the Administrative Code of the RF.
The submitted by the applicant copy of the certificate of residence at the address: Moscow, Str. Stalevarov, D., Corp. *, Ap. * - confirms the fact that he violated the migration legislation, because at the time of detention, S. was on the migration registration at a different address: Moscow, Str. Magnitogorsk, etc.
In view of the foregoing, the actions of S. are correctly qualified under Part 3 of the Art. 18.8 of the Administrative Code of Russia.
The text of the Decree of the Moscow City Court as of July 23, 2014 N 4a-1213/2014 is available here.
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