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Russian Migration Legislation Changes - June 2014 (Part 2)

Russian Migration Legislation Changes - June 2014

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 Possible mitigation of the law on dual citizenship concealment


The State Duma and the Federation Council leave open the possibility of changes in the initiative for which a fine will be imposed up to 200 thousand rubles and 400 hours of compulsory work for some who purposely conceal the existence of foreign citizenship. The essence of changes is deemed as a protection for those who are not aware of the existence of dual citizenship, they will not be liable.

According to Vladimir Pligin, the head of the Duma Committee on Constitutional Legislation and Nation-building, the issue is about people "who have become citizens of the Russian Federation and did not use documents of other states."

These people "did not have a duty and did not use the rights of foreign citizens, so they did not know that they were citizens of foreign states." Thus, they "did not take themselves as citizens of other states".

Pligin?s reaction is associated with criticizing the law by human rights activists claiming that the initiative can lead to prosecution and even deprivation of Russian citizenship of thousands of Russians that once had foreign citizenship (for example, compatriots from the former Soviet Union and other countries or people in the Crimea).

Rejection of foreign nationality does not mean its termination by foreign country, that?s why many Russians can be among the offenders not even knowing they have foreign citizenship.

Amendments to the law on work permits for migrants

Amendments to the law "On the Legal Status of Foreign Nationals", adopted by the State Duma in June, determine that foreign citizens who have arrived in Russia without visas can obtain work permits only in the case that work is pointed out in the migration card as the purpose of entry into the Russian Federation.

Thus, it is forbidden to grant foreign citizens work permits if they have indicated that they have entered the Russian Federation not to work but to travel, for example.

Introduction of such regulations is associated with the fact that currently the Code of Administrative Offences (CAO) provides liability for any inconsistency in a person?s actual activity in the Russian Federation with the activity announced upon entering the Russian Federation.

Thus, conditions under which foreign citizens can indicate a not work-related purpose of visit to Russia and start to work there would not allow for the imposition of a fine for such violation.

Nowadays such offenders are fined in the amount of 2,000 to 5,000 rubles with administrative expulsion from the Russian Federation or without it.

Remission of a claim for notarial certification of signatures for registration of legal entities

                According to the Federal law, henceforth a notarial certification of signatures of applicants is not necessary for registration of new legal entities.

Now the applicant is sufficient to come to the Federal Tax Service with an identity document where he will have to put his signature in the presence of an inspector (in this case he will perform the role of a notary officer).

Earlier a notarized signature was not required for registration of individual entrepreneurs, but it was necessary for introduction of amendments to the information about IE and cessation of activity as an IE. Now it is not necessary even for that.

Moreover, the law allows registration of legal entity through a representative with a notarized power of attorney.

If two people want to register a new organization, only one of them can come to the Federal Tax Service, and the other one?s signature should be notarized. If there are more applicants, they can together issue a notarized power of attorney in the name of one person.

The law also allows submitting documents for registration of legal entities through the site of the Federal Tax Service (in this case documents should be certified by a reinforced qualified electronic signature).

© Levine Bridge, 2014

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