You will learn:
1. Categories of violations of Russian migration legislation for which criminal liability is applied.
2. Types of criminal liability for violation of migration legislation.
Criminal liability for violation of Russian migration legislation is provided for organizing the illegal entry of foreigners into Russia, their illegal stay or illegal transit passage, as well as for fictitious registration of foreigners at a place of residence in a residential premises or at a place of stay. The place of stay refers to a residential premises in which a foreigner is temporarily located, and the place of residence refers to a premises where a foreigner permanently resides or in accordance with a permit for temporary residence.
Violations related to fictitious registration of foreigners at the place of residence or stay are punishable by:
- A fine of 100,000 to 500,000 rubles;
- or an amount equivalent to the convicted person's salary or other income for a period of up to 3 years;
- or forced labor for up to 3 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or without such deprivation;
- or imprisonment for up to 3 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or without such deprivation.
Fictitious registration of foreign citizens at the place of stay in Russia means:
- registration based on false information or documents;
- registration of foreign citizens at a residence without their intention to actually live there or without the intention of the hosting party to provide them with that residence for actual living;
- registration of foreigners at an address of a company where they do not work or engage in any other activity.
Along with property owners, the responsibility for illegal registration can also fall on a migration service employee who registered a foreigner based on knowingly false information and documents.
When implementing projects requiring the arrival of a large number of foreign citizens in Russia, even a small mistake in the registration or organization of their stay can lead to charges of organizing illegal migration, which is considered a criminal offense.
The maximum liability under the Russian Criminal Code is provided for the organization of illegal entry of foreigners into Russia, their illegal stay, or illegal transit passage. In this case, there is a risk of punishment in the form of imprisonment for up to 5 years with restriction of liberty for up to 2 years or without it, or up to 7 years with a fine of up to 500,000 rubles (if the crime is committed by a group of persons by prior conspiracy or an organized group).
Even administrative offenses, if committed two or more times in the last 2 years, are grounds for refusal of entry into the country. The same situation applies to criminal offenses. So, if a person has a repeat conviction (regardless of whether it is Russian or from their home country), they may be restricted from entering the country and may also be deported.
Summary:
1. Criminal liability for violating Russian migration laws applies to:
- organizing illegal entry of foreigners into Russia, their illegal stay, or illegal transit passage;
- fictitious registration of foreigners at the place of residence in a residential premises or at the place of stay.
2. Criminal liability for violating migration laws can result in fines, restrictions or deprivation of freedom, deprivation of the right to hold certain positions or engage in certain activities. The maximum criminal liability can be imprisonment for up to 5 years with restriction of freedom for up to 2 years, or imprisonment for up to 7 years with a fine of up to 500,000 rubles (if the crime is committed by a group of people).
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