Employees of the Russian Ministry of Internal Affairs will be able to independently make decisions to expel foreign citizens and stateless persons from the country for a number of violations from February 5, when the relevant law comes into force.
According to the provisions in force until February 5, administrative expulsion of foreigners and stateless persons from the Russian Federation as an administrative penalty can be imposed by a judge, and in the case of an administrative violation committed upon entry into Russia, by border guards. Now, Ministry of Internal Affairs employees will also be able to order administrative deportation.
Decisions on expulsion are made by the heads and deputy heads of territorial bodies, heads of structural departments for migration issues of territorial bodies and their deputies, heads of structural departments for drug control of territorial bodies of the Ministry of Internal Affairs. In addition, for the commission of certain crimes related to the violation of the rules of residence of foreign citizens in Russia, the heads of departments of the transport police and their deputies will have the right to order deportation.
A migrant will be deported for failure to comply with the rules of entry, violation of the rules of stay or residence in Russia (Article 18.8 of the Code of Administrative Offenses of the Russian Federation). The deportation order can be appealed in court within 10 days of its receipt.
At the same time, the law introduces the authority of internal affairs officers to place foreign citizens sentenced to forced deportation in special institutions for 48 hours. In addition, individuals and legal entities will be administratively liable for providing prohibited services to foreign citizens included in the register of controlled persons.