On July 9, 2020, the Plenum of the Supreme Court of Russia adopted a resolution "on judicial practice in cases of illegal crossing of the State border of the Russian Federation and crimes related to illegal migration".
In the consideration of criminal cases about the crimes provided by articles 322, 322.1, 322.2, 322.3 of the criminal code, the courts must pay attention in particular to the following:
- crimes under article 322 of the criminal code of the Russian Federation, are ended from the moment of crossing the State border regardless of place and method of crossing (by foot, by any mode of transport, openly or secretly, with the passage of border control at the checkpoint across the State border or without);
- the crimes listed in article 322 of the criminal code, can be committed only with direct intent, where the perpetrator is aware that he crosses the State border without valid documents for the right of entry into the Russian Federation or departure from the Russian Federation, or without proper authorization obtained in accordance with the legislation of the Russian Federation, as well as in cases when he, as a foreign citizen or person without citizenship is certainly not allowed entry into the Russian Federation on the grounds stipulated by legislation of the Russian Federation;
- the organization of illegal migration is qualified as a completed crime from the moment when the guilty person intentionally creates conditions for foreign citizens or stateless persons to perform at least one of the illegal actions listed in this article, regardless of whether they have committed such actions or not. The qualification of a person's actions under article 322.1 of the criminal code of the Russian Federation is not affected by the fact that foreign citizens or stateless persons in whose interests this crime was committed were not brought to justice, including because they were located outside the Russian Federation;
- if the person who organized illegal migration, while committing this crime, illegally crossed the State border (for example, acting as a guide), then his actions are subject to qualification for a set of crimes provided for in articles 322 and 322.1 of the criminal code of the Russian Federation;
- the owner or tenant of the relevant residential premises, their authorized person, the head or other authorized employee (member) of an organization in which a foreign citizen or stateless person does not perform labor or other activities not prohibited by the legislation of the Russian Federation, or other persons acting on their behalf, may be the subjects of a crime under article 322.2 or article 322.3 of the criminal code of the Russian Federation, if they submitted deliberately false information or documents to the registration (migration) authorities for registration (registration), or when submitting information or documents they were aware of other circumstances that prevent registration (registration).
For more information, please contact the consultants of the Confidence Group company.
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