ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of November 1, 2017 No. 827

About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

According to the Federal Law of July 25, 2002 "About legal status of foreign citizens in the Russian Federation" <1> and the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" <2> I order to No. 115-FZ:

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<1> Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2006, No. 30, Art. 3286; No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 49, Art. 6071; No. 50, Art. 6241; 2008, No. 19, Art. 2094; No. 30, Art. 3616; 2009, No. 19, Art. 2283; No. 23, Art. 2760; No. 26, Art. 3125; No. 52, Art. 6450; 2010, No. 21, Art. 2524; No. 30, Art. 4011; No. 31, Art. 4196; No. 40, Art. 4969; No. 52, Art. 7000; 2011, No. 1, Art. 29, 50; No. 13, Art. 1689; No. 17, Art. 2318, 2321; No. 27, Art. 3880; No. 30, Art. 4590; No. 47, Art. 6608; No. 49, Art. 7043, 7061; No. 50, Art. 7342, 7352; 2012, No. 31, Art. 4322; No. 47, Art. 6396, 6397; No. 50, Art. 6967, No. 53, Art. 7640, 7645, 2013, No. 19, Art. 2309, 2310; No. 23, Art. 2866; No. 27, Art. 3461, 3470, 3477; No. 30, Art. 4036, 4037, 4040, 4057, 4081; No. 52, Art. 6949, 6951, 6954, 6955, 7007; 2014, No. 16, Art. 1828, 1830, 1831; No. 19, Art. 2311, 2332; No. 26, Art. 3370, No. 30, Art. 4231, 4233; No. 48, Art. 6638, 6659; No. 49, Art. 6918; No. 52, Art. 7557; 2015, No. 1, Art. 61, 72; No. 10, Art. 1426; No. 14, Art. 2016; No. 21, Art. 2984; No. 27, Art. 3951, 3990, 3993; No. 29, Art. 4339, 4356; No. 48, Art. 6709; 2016, No. 1, Art. 58, 85, 86; No. 18, Art. 2505; No. 27, Art. 4238; 2017, No. 11, Art. 1537; No. 17, Art. 2459; No. 24, Art. 3480; No. 31, Art. 4765, 4792.

<2> 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 issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons.

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 issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons.

3. Recognize not subject to application orders of FMS of Russia:

of October 30, 2014 No. 589 "About approval of Administrative regulations of provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons" <1>.

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<1> Registration No. 36324 is registered in the Ministry of Justice of the Russian Federation on March 2, 2015.

of December 30, 2015 No. 574 "About modification of the Administrative regulations of provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons approved by the order of FMS of Russia of October 30, 2014 No. 589" <2>.

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<2> Registration No. 40942 is registered in the Ministry of Justice of the Russian Federation on February 2, 2016.

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 1, 2017 No. 827

Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of the Ministry of Internal Affairs of the Russian Federation by provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons <1> determine terms and the sequence of ministerial procedures (actions) of Head department concerning migration of the Ministry of Internal Affairs of the Russian Federation <2>, divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels <3>, representations and representatives of the Ministry of Internal Affairs of Russia abroad <4> by registration and issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons <5>, modification of the data containing in them, prolongation of effective period and issue of duplicates of the specified permissions, and also order of interaction of GUVM Ministry of Internal Affairs of Russia and divisions concerning migration with federal executive bodies, territorial authorities of federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies by provision of the state service.

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

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

<3> Further - "divisions concerning migration".

<4> Further - "representative office of the Ministry of Internal Affairs of Russia abroad".

<5> Further - "foreign citizens".

Circle of applicants

2. Applicants are:

2.1. The employer, the customer of works (services), including shipowner <1> - physical person or legal entity, the foreign citizen registered as the individual entrepreneur <2>, involving the foreign workers arriving to the territory of the Russian Federation according to the procedure, requiring execution of the visa, and also members of the family of the highly qualified specialists arriving to the Russian Federation according to the procedure, requiring execution of the visa <3>.

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<1> The shipowner according to Article 8 of the Maritime Code of the Russian Federation (The Russian Federation Code, 1999, No. 18, the Art. 2207) is recognized person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses it on other legal cause.

<2> Item 2 of article 13 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" (The Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2006, No. 30, Art. 3286; No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 49, Art. 6071; No. 50, Art. 6241; 2008, No. 19, Art. 2094; No. 30, Art. 3616; 2009, No. 19, Art. 2283; No. 23, Art. 2760; No. 26, Art. 3125; No. 52, Art. 6450; 2010, No. 21, Art. 2524; No. 30, Art. 4011; No. 31, Art. 4196; No. 40, Art. 4969; No. 52, Art. 7000; 2011, No. 1, Art. 29, 50; No. 13, Art. 1689; No. 17, Art. 2318, 2321; No. 27, Art. 3880; No. 30, Art. 4590; No. 47, Art. 6608; No. 49, Art. 7043, 7061; No. 50, Art. 7342, 7352; 2012, No. 31, Art. 4322; No. 47, Art. 6396, 6397; No. 50, Art. 6967; No. 53, Art. 7640, 7645; 2013, No. 19, Art. 2309, 2310; No. 23, Art. 2866; No. 27, Art. 3461, 3470, 3477; No. 30, Art. 4036, 4037, 4040, 4057, 4081; No. 52, Art. 6949, 6951, 6954, 6955, 7007; 2014, No. 16, Art. 1828, 1830, 1831; No. 19, Art. 2311, 2332; No. 26, Art. 3370; No. 30, Art. 4231, 4233; No. 48, Art. 6638, 6659; No. 49, Art. 6918; No. 52, Art. 7557; 2015, No. 1, Art. 61, 72; No. 10, Art. 1426; No. 14, Art. 2016; No. 21, Art. 2984; No. 27, Art. 3951, 3990, 3993; No. 29, Art. 4339, 4356; No. 48, Art. 6709; 2016, No. 1, Art. 58, 85, 86; No. 18, Art. 2505; No. 27, Art. 4238; 2017, No. 11, Art. 1537; No. 17, Art. 2459; No. 24, Art. 3480; No. 31, Art. 4765, 4792).

<3> According to Item 1.1 of article 13.2 of the Federal Law of July 25, 2002 "About legal status of foreign citizens to No. 115-FZ the Russian Federation" members of the family of the highly qualified specialist his spouse (spouse), children (including adopted), spouses of children, parents (including receptions), spouses of parents, grandmothers, grandfathers, grandsons are recognized. Further - "the member of the family of the highly qualified specialist".

2.2. Concerning highly qualified specialists <4> the employer or the customer of works (services) who is can act as the applicant:

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<4> Item 5 of article 13.2 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation".

2.2.1. Russian commercial organization.

2.2.2. The Russian scientific organization, the professional educational organization, the educational organization of the higher education (except for the spiritual educational organizations), healthcare institution, and also other organization performing scientific, scientific and technical and innovative activities, experimental developments, testing, training according to the state priority directions of development of science, technologies and the equipment of the Russian Federation, in the presence at it in cases, stipulated by the legislation the Russian Federation, the state accreditation.

2.2.3. Accredited according to the procedure, established by the legislation of the Russian Federation in the territory of the Russian Federation branch, representation of the foreign legal entity.

2.2.4. The sports organization performing the activities in the territory of the Russian Federation, not being the Russian commercial organization, and also the all-Russian sports federation in case of involvement of highly qualified specialists to the positions included in the list of positions of foreign citizens and the stateless persons involved as highly qualified specialists in the field of physical culture and sport by the sports organizations and the all-Russian sports federations, No. 329-FZ approved according to article 20.4 of the Federal Law of December 4, 2007 "About physical culture and sport in the Russian Federation" <1>.

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<1> Russian Federation Code, 2007, No. 50, Art. 6242; 2008, No. 30, Art. 3616; No. 52, Art. 6236; 2009, No. 19, Art. 2272; No. 29, Art. 3612; No. 48, Art. 5726; No. 51, Art. 6150; 2010, No. 19, Art. 2290; No. 31, Art. 4165; No. 49, Art. 6417; No. 51, Art. 6810; 2011, No. 9, Art. 1207; No. 17, Art. 2317; No. 30, Art. 4596; No. 45, Art. 6331; No. 49, Art. 7062; No. 50, Art. 7354, 7355; 2012, No. 29, Art. 3988; No. 31, Art. 4325; No. 50, Art. 6960; No. 53, Art. 7582; 2013, No. 19, Art. 2331; No. 23, Art. 2866; No. 27, Art. 3477; No. 30, Art. 4025, 4031; 2014, No. 23, Art. 2930; No. 26, Art. 3376; No. 30, Art. 4212; 2015, No. 1, Art. 43, 76; No. 14, Art. 2018; No. 27, Art. 3993, 3995; No. 41, Art. 5628; No. 45, Art. 6209; 2016, No. 15, Art. 2066; No. 18, Art. 2507; No. 23, Art. 3277; No. 27, Art. 4217, No. 48, Art. 6736; 2017, No. 14, Art. 2003; No. 17, Art. 2460; No. 31, Art. 4751. Further - "the sports organizations".

2.3. Registered according to the procedure, established by the legislation of the Russian Federation in the territory of the Russian Federation the affiliated organization (subsidiary), branch or representative office of the foreign commercial organization registered in the territory of state member of the World Trade Organization <2>.

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<2> Further - "the foreign commercial organization".

2.4. The foreign citizen studying in the Russian Federation on full-time in the professional educational organization or the educational organization of the higher education for the main professional educational program having the state accreditation>.

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<3> Further - "the foreign citizen studying in the Russian Federation".

2.5. Managing company, being the Russian legal entity created in form of business of fund for the decision of the supreme executive body of the government of the subject of the Russian Federation - the federal city of Moscow for the purpose of ensuring functioning of the international medical cluster and management of it with which the project participant who is the Russian legal entity, the individual entrepreneur or created and registered according to the legislation of foreign state - organization member of economic cooperation and development by the foreign legal entity, individual entrepreneur signed the agreement, according to part 4 of Article 2 and Item 3 of part 1 of article 14 of the Federal Law of June 29, 2015 No. 160-FZ "About the international medical cluster and modification of separate legal acts of the Russian Federation" <1>.

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<1> Russian Federation Code, 2015, No. 27, Art. 3951. Further - "managing company", "the project participant of the international medical cluster" respectively.

2.6. The employers recognized by residents of the free port of Vladivostok according to the Federal Law of July 13, 2015 No. 213-FZ "About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "About the Free Port of Vladivostok" <2>.

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<2> Russian Federation Code, 2015, No. 29, Art. 4339; 2016, No. 27, Art. 4183, 4294. Further - "resident of the free port of Vladivostok".

2.7. The employers recognized by residents of the territory of the advancing social and economic development according to article 351.5 of the Labor Code of the Russian Federation> and the Federal Law of December 29, 2014 No. 473-FZ "About the territories of the advancing social and economic development in the Russian Federation" <4>.

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<3> Russian Federation Code, 2002, No. 1, Art. 3; 2015, No. 1, Art. 72.

<4> Russian Federation Code, 2015, No. 1, Art. 26; No. 29, Art. 4339; 2016, No. 27, Art. 4183, 4185.

2.8. Managing company, being the Russian legal entity to who project implementation on creation and ensuring functioning of the innovative center "Skolkovo", or its subsidiary according to the Federal Law of September 28, 2010 No. 244-FZ "About the innovative center "Skolkovo" <5> is assigned.

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<5> Russian Federation Code, 2010, No. 40, Art. 4970; 2011, No. 29, Art. 4291; No. 49, Art. 7017; 2012, No. 26, Art. 3446; No. 29, Art. 3980; 2015, No. 21, Art. 2987; No. 27, Art. 3951; 2016, No. 27, Art. 4183; 2017, No. 1, Art. 8. Further - "Skolkovo managing company.

2.9. The managing company which is the Russian organization which is created in form of business of joint-stock company for the purpose of implementation of functions on management of the innovative scientific and technological center or its subsidiary according to the Federal Law of July 29, 2017 No. 216-FZ "About the innovative scientific and technological centers and about modification of separate legal acts of the Russian Federation" <6>.

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<6> Russian Federation Code, 2017, No. 31, Art. 4765. Further - "the managing director of the scientific and technological center the company".

2.10. Foreign citizens in the cases established by the legislation of the Russian Federation.

3. The documents necessary for provision of the state service for the applicants specified in subitems 2.1 - 2.10 Items 2 of Administrative regulations, have the right also to give the face acting on behalf of the applicant based on the power of attorney issued according to Article 185 of the Civil code of the Russian Federation <7>.

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<7> Russian Federation Code, 1994, No. 32, Art. 3301; 1996, No. 34, Art. 4026; 2013, No. 19, Art. 2327.

Requirements to procedure for informing on provision of the state service

4. 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 are specified on the official site of the Ministry of Internal Affairs of Russia (www.мвд.рф) and on the official sites of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level on the Internet <1> in the Section "Structure".

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<1> 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.

5. 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)" <2> (www.gosuslugi.ru), 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, on places, located in available to acquaintance, information stands of divisions concerning migration.

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<2> Further - "The single portal".

<3> Further - "official sites".

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

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info