This law introduces the right of a judge, when sentencing a foreign citizen for violating migration legislation in the form of administrative deportation, to consider making a decision on either forced expulsion or independent controlled departure, taking into account the totality of circumstances characterizing the personality of the offender, namely:
- length of stay in Russia
- family status
- attitude towards paying taxes
- income level
- housing in Russia
- occupation and profession
- law-abiding
- application for Russian citizenship
In addition, if an article of the Code provides for mandatory administrative expulsion, the judge, based on the totality of the above facts and circumstances, having come to the conclusion that administrative expulsion would be an excessive restriction of the right to respect for private life and disproportionate to the purposes of administrative punishment, will be able to decide to replace the sanction in the form administrative expulsion with a fine of 40 to 50 thousand rubles, or compulsory labor for a period of 150 to 200 hours.
That is, the changes will allow judges to independently make decisions on replacing administrative expulsion with softer sanctions, even if the corresponding article of the Code of Administrative Offenses of Russia implies mandatory administrative expulsion, with a number of exceptions.
Exceptions include articles of the Code of Administrative Offenses of Russia, which provide for administrative punishment for the promotion of non-traditional sexual relationships, gender reassignment and pedophilia, as well as the evasion of a foreign citizen fr om the execution of administrative punishment in the form of administrative deportation fr om Russia in the form of controlled independent departure from Russia.
These changes apply to cases wh ere decisions on administrative expulsion are made by the court. Such decisions are made by the court in all cases of violations of migration legislation by foreign citizens, except for cases wh ere these violations occurred directly upon entry into Russia (including violations of the regime at checkpoints across the state border of Russia, violation of the state border of Russia). In these cases, decisions are made by the relevant officials (border control officials).
The law also introduces clarifications into the procedure and terms of keeping a foreign citizen in a special institution in the event of a decision on expulsion.
The law comes into force on January 5, 2024.
For more information, please contact the consultants of the Confidence Group company.
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