ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of November 7, 2017 No. 838

About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in consideration of petitions for recognition by the refugee in the territory of the Russian Federation and statements for provision of provisional asylum in the territory of the Russian Federation

According to the Federal Laws of February 19, 1993 to No. 4528-1 "About refugees" <1>, of July 27, 2010 to No. 210-FZ "About the organization of provision of the state and municipal services" <2> and the order of the Government of the Russian Federation of May 16, 2011 to No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" <3> I order:

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<1> Sheets of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, No. 12, Art. 425; Russian Federation Code, 1997, No. 26, Art. 2956; 1998, No. 30, Art. 3613; 2000, No. 33, Art. 3348; No. 46, Art. 4537; 2003, No. 27, Art. 2700; 2004, No. 27, Art. 2711; No. 35, Art. 3607; 2006, No. 31, Art. 3420; 2007, No. 1, Art. 29; 2008, No. 30, Art. 3616; 2011, No. 1, Art. 29; No. 27, Art. 3880; 2012, No. 10, Art. 1166; No. 47, Art. 6397; No. 53, Art. 7647; 2013, No. 27, Art. 3477; 2014, No. 52, Art. 7557.

<2> Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, Art. 4342, 4376; 2016, No. 7, Art. 916; No. 27, Art. 4293, 4294; 2017, No. 1, Art. 12.

<3> Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506.

1. Approve the enclosed Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in consideration of petitions for recognition by the refugee in the territory of the Russian Federation and statements for provision of provisional asylum in the territory of the Russian Federation.

2. To heads (chiefs) of divisions of central office of the Ministry of Internal Affairs of the Russian Federation, territorial authorities of the Ministry of Internal Affairs of the Russian Federation at the regional and district levels to organize studying of this order and to provide accomplishment of its requirements by the authorized officers participating in rendering the state service in consideration of petitions for recognition by the refugee in the territory of the Russian Federation and statements for provision of provisional asylum in the territory of the Russian Federation.

3. Recognize not as No. 352 <1> which is subject to application the order of FMS of Russia of August 19, 2013.

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<1> Registration No. 31098 is registered in the Ministry of Justice of the Russian Federation on January 23, 2014.

4. To impose control over the implementation of this order on the First Deputy Minister police colonel general A. V. Gorovy.

Appendix

to the Order of the Ministry of Internal Affairs of the Russian Federation of November 7, 2017 No. 838

Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in consideration of petitions for recognition by the refugee in the territory of the Russian Federation and statements for provision of provisional asylum in the territory of the Russian Federation

I. General provisions

Subject of regulation of Administrative regulations

1. Administrative regulations of the Ministry of Internal Affairs of the Russian Federation in the territory of the Russian Federation and statements for provision of provisional asylum in the territory of the Russian Federation <1> determines terms and the sequence of ministerial procedures (actions) of Head department concerning migration of the Ministry of Internal Affairs of the Russian Federation <2> and divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels by provision of the state service in consideration of petitions for recognition by the refugee <3>, and also order of interaction of GUVM Ministry of Internal Affairs of Russia and divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia <4> with federal executive bodies, territorial authorities of federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies and the organizations by provision of the state service in consideration of petitions for recognition by the refugee in the territory of the Russian Federation and statements for provision of provisional asylum in the territory of the Russian Federation <5>.

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<1> Further - "Administrative regulations", "the state service" respectively.

<2> Further - "GUVM Ministry of Internal Affairs of Russia".

<3> Further - "divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia".

<4> Further - "divisions concerning migration".

<5> Further - "the state service".

Circle of applicants

2. Applicants are foreign citizens and stateless persons <1>:

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<1> Further - "applicant".

declared desire to be acknowledged refugees in the territory of the Russian Federation;

the having reasons for recognition by the refugee but limited with the statement in writing with request for provision of opportunity temporarily to stay in the territory of the Russian Federation;

if they have no reasons for recognition by the refugee on the circumstances provided by the Federal Law of February 19, 1993 No. 4528-1 "About refugees" <2>, but cannot be expelled humane motives (are deported) out of limits of the territory of the Russian Federation.

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<2> Sheets of the Congress of People's Deputies of the Russian Federation and Supreme Council of the Russian Federation, 1993, No. 12, Art. 425; Russian Federation Code, 1997, No. 26, Art. 2956; 1998, No. 30, Art. 3613; 2000, No. 33, Art. 3348; No. 46, Art. 4537; 2003, No. 27, Art. 2700; 2004, No. 27, Art. 2711; No. 35, Art. 3607; 2006, No. 31, Art. 3420; 2007, No. 1, Art. 29; 2008, No. 30, Art. 3616; 2011, No. 1, Art. 29; No. 27, Art. 3880; 2012, No. 10, Art. 1166; No. 47, Art. 6397; No. 53, Art. 7647; 2013, No. 27, Art. 3477; 2014, No. 52, Art. 7557.

Requirements to procedure for informing on provision of the state service

3. Location of the Ministry of Internal Affairs of Russia: Moscow, Ulitsa Zhitnaya, 16.

Postal address of the Ministry of Internal Affairs of Russia: Ulitsa Zhitnaya, 16, Moscow, 119991.

The locations of divisions concerning migration, their postal addresses, phone numbers of service desks, faxes and other contact information it is specified on the official site of the Ministry of Internal Affairs of Russia (https://mvd.rf) and on the official sites of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level <3> on the Internet <4>, in the Section "Structure".

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<3> Further - "official sites".

<4> Further - "Internet".

Phone of Ministry of Internal Affairs service desk of Russia: (495) 667-02-99.

The telephone number for enquiries - answerphone: (495) 667-04-02.

Working schedule of the Ministry of Internal Affairs of Russia:

Monday, Tuesday, environment, Thursday - from 9 to 18 o'clock 00 minutes;

Friday and holiday days - from 9 to 16 o'clock 45 minutes;

Saturday and Sunday - the days off.

4. The data (explanation) concerning provision of the state service, about procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of the officials providing provision of the state service take place in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <1> (www.gosuslugi.ru), on the official sites, on places, located in available to acquaintance, information stands of divisions concerning migration.

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<1> Further - "The single portal".

5. On the Single portal the following information is placed:

5.1. The exhaustive list of the documents necessary for provision of the state service, the requirement to execution of the specified documents, and also the list of documents which the applicant has the right to provide on own initiative.

5.2. Circle of applicants.

5.3. Term of provision of the state service.

5.4. Results of provision of the state service, procedure for receipt of the document which is result of provision of the state service.

5.5. The exhaustive list of the bases for refusal in provision of the state service.

5.6. About the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service.

5.7. Forms of statements (form of the petition for recognition by the refugee in the territory of the Russian Federation <2> - appendix No. 1 to Administrative regulations, the application form about provision of provisional asylum in the territory of the Russian Federation <3> - appendix No. 2 to Administrative regulations) <4>.

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<2> Further - "the petition for recognition by the refugee" or "petition".

<3> Further - "the statement for provision of provisional asylum" or "statement".

<4> Further - "the statement for provision of the state service", unless otherwise specified.

6. Information on the Single portal on procedure and terms of provision of the state service based on the data containing in the federal state information system "Federal Register of the State and Municipal Services (Functions)" is provided to the citizen free of charge.

7. The information access about terms and procedure for provision of the state service is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the citizen requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant or provision of personal data by it.

8. On the official sites in addition to the data specified in Item 5 of Administrative regulations take place:

8.1. The text of Administrative regulations with appendices.

8.2. Texts of the regulatory legal acts regulating provision of the state service.

8.3. Models of filling of the statement for provision of the state service.

8.4. Procedure and methods of filing of application about provision of the state service.

8.5. Procedure and methods of receipt of explanations concerning provision of the state service.

8.6. Procedure for pre-judicial (extrajudicial) appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service.

8.7. Procedure for informing on the course of consideration of the application and about results of provision of the state service.

8.8. Information on the location and contact telephone numbers of territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels and divisions concerning migration.

8.9. Contact telephone numbers of higher heads (chiefs) responsible for quality of provision of the state service.

8.10. Most frequently asked questions and answers to them.

8.11. Reference to the Single portal.

9. At information stands of divisions concerning migration the following information is subject to placement:

9.1. Numbers of contact telephone numbers, the schedule (mode) of work, the schedule of acceptance of applicants by divisions concerning migration.

9.2. Addresses of the official sites.

9.3. Waiting time in queue on documents acceptance and receipt of result of provision of the state service according to requirements of Administrative regulations.

9.4. Terms of provision of the state service.

9.5. Models of filling of statements for provision of the state service.

9.6. Exhaustive list of the documents necessary for provision of the state service.

9.7. The exhaustive list of the bases for refusal in provision of the state service.

9.8. Procedure and methods of filing of applications about provision of the state service.

9.9. Procedure and methods of receipt of explanations in the order of provision of the state service.

9.10. Procedure for informing on the course of consideration of the applications and about results of provision of the state service.

9.11. Procedure for record on personal acceptance to officials.

9.12. Procedure for pre-judicial (extrajudicial) appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service.

9.13. Flowchart of provision of the state service (appendix No. 3 to Administrative regulations).

10. From the moment of documents acceptance for rendering the state service the applicant has the right to data on the course of its provision by phone or on personal acceptance.

11. In rooms of receiving and delivery of documents there shall be regulatory legal acts regulating procedure for provision of the state service, including Administrative regulations which upon the demand of the applicant shall be provided to it for acquaintance.

12. By phone, in case of the personal or written address the authorized staff of law-enforcement bodies of the Russian Federation, federal government civil servants and employees of territorial authorities of the Ministry of Internal Affairs of Russia <1> shall give exhaustive information on questions of provision of the state service.

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<1> Further - "officials".

13. Informing is performed on the questions concerning:

methods of filing of application about provision of the state service;

addresses of divisions concerning migration in which it is possible to file petition for provision of the state service;

working schedules of the divisions concerning migration providing the state service;

exhaustive list of the documents necessary for provision of the state service;

procedure and terms of provision of the state service;

procedure for pre-judicial (extrajudicial) appeal of actions (failure to act) for officials, and decisions made by them by provision of the state service.

14. In case of the address of the applicant by means of telephone communication the response to phone call shall begin with information on the name of division concerning migration which the citizen, surnames and positions of the official who received phone call called.

In case of responses to phone calls the official responsible for informing for provision of the state service is detailed and in polite form reports to the citizen data on the questions specified in Item 13 of Administrative regulations.

During the conversation the official responsible for informing for provision of the state service pronounces words accurately, avoids "parallel talk" with surrounding people and does not interrupt conversation because of receipt of call on other device.

In case of impossibility of the official who received phone call to answer independently the questions posed, the request is readdressed translated) to other official or the citizen telephone number according to which it is possible to obtain necessary information is reported.

Informing duration by phone shall not exceed 10 minutes.

Informing on procedure for provision of the state service is carried out to reception hours.

15. According to the written address the officials responsible for provision of the state service, in detail in writing explain to the citizen procedure for provision of service and within 30 days from the date of registration of the written address send the answer to the citizen <1>.

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<1> Article 12 of the Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410; No. 31, Art. 4196; 2012, No. 31, Art. 4470; 2013, No. 19, Art. 2307; No. 27, Art. 3474; 2014, No. 48, Art. 6638; 2015, No. 45, Art. 6206).

16. The schedule of acceptance of applicants by officials of the divisions concerning migration participating in provision of the state service:

 

Days of the week	Reception hours
Monday	09.00 - 15.00
Tuesday	11.00 - 20.00
Environment	09.00 - 13.00
Thursday	11.00 - 20.00
Friday	09.00 - 16.45
Saturday	09.00 - 14.00
Sunday	The day off

 

17. Having rummaged in acceptance of applicants it is established from 13:00 till 13:45.

18. Taking into account interests of citizens, temporary and climatic conditions, and also features of administrative-territorial division of the subject of the Russian Federation reception hours of citizens can change the head (chief) of territorial authority of the Ministry of Internal Affairs of Russia at regional or district level, but at the same time acceptance shall be organized so that to exclude formation of queues.

II. Standard of provision of the state service

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