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It is registered

Ministry of Justice

Russian Federation

On July 29, 2019 No. 55423

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of June 11, 2019 No. 376

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

(as amended of the Order of the Ministry of Internal Affairs of the Russian Federation of 17.11.2020 No. 774)

According to the Federal Laws of February 19, 1993 No. 4528-1 "About refugees" <1>, of July 27, 2010 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 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) 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; 2018, No. 1, Art. 82; No. 53, Art. 8454.

<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; No. 31, Art. 4785; No. 50, Art. 7555; 2018, No. 1, Art. 63; No. 9, Art. 1283; No. 17, Art. 2427; No. 18, Art. 2557; No. 24, Art. 3413; No. 27, Art. 3954; No. 30, Art. 4539; No. 31, Art. 4858; 2019, No. 14, Art. 1461.

<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; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 36, No. 5623; No. 46, Art. 7050.

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. Declare invalid the order of the Ministry of Internal Affairs of Russia 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" <1>.

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<1> Registration No. 49120 is registered in the Ministry of Justice of the Russian Federation on December 5, 2017.

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

The minister - the general of police of the Russian Federation

V. Kolokoltsev

Appendix

to the Order of the Ministry of Internal Affairs of the Russian Federation of June 11, 2019 No. 376

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. The administrative regulations of the Ministry of Internal Affairs of the Russian Federation in the territory of the Russian Federation <1> and statements for provision of provisional asylum in the territory of the Russian Federation 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> 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 structural divisions of the Ministry of Internal Affairs of Russia, territorial authorities of the Ministry of Internal Affairs of Russia, the organizations and divisions of system of the Ministry of Internal Affairs of Russia, 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".

<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" if other is not provided.

<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; 2018, No. 1, Art. 82; No. 53, Art. 8454; 2019, No. 14, Art. 1461. Further - "The Federal Law "About Refugees".

Requirements to procedure for informing on provision of the state service

3. Information on questions of provision of the state service is placed in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) <3>, on the official site of the Ministry of Internal Affairs of Russia (мвд.рф) and the official sites of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level on the Internet <4>, on places, located in available to acquaintance, information stands of divisions concerning migration, and also are provided by the 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 at the regional and district levels <5> by phone, on personal acceptance.

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<3> Further - "The single portal".

<4> Further - "Internet network.

<5> Further - "officials".

4. From the date of acceptance of the petition for recognition by the refugee in the territory of the Russian Federation (statements for provision of provisional asylum in the territory of the Russian Federation) the applicant has the right to data on the course of provision of the state service by phone or on personal acceptance.

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.

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 suspension or 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 <1> - appendix No. 1 to Administrative regulations, the application form about provision of provisional asylum in the territory of the Russian Federation <2> - appendix No. 2 to Administrative regulations) <3>.

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<1> Further - "the petition for recognition by the refugee" or "petition".

<2> Further - "the statement for provision of provisional asylum" or "statement".

<3> Further - "request", unless otherwise specified.

5.8. The list of the regulatory legal acts regulating provision of the state service.

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)" <4> is provided to the applicant free of charge.

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<4> Further - "The federal register".

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 applicant 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 site of the Ministry of Internal Affairs of Russia and the websites of territorial authorities of the Ministry of Internal Affairs of Russia in Internet network 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. Procedure and methods of giving of request.

8.4. Models of filling of request.

8.5. Procedure and methods of preliminary record on giving of request.

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

8.7. Contact telephone numbers of the higher heads responsible for quality of provision of the state service.

8.8. The address of the Single portal in Internet network (www.gosuslugi.ru).

8.9. Most frequently asked questions and answers to them.

9. At information stands of divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia the following information is subject to placement:

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

9.2. Short description of procedure for provision of the state service and terms of its provision.

9.3. Models of filling of request.

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

9.5. The exhaustive list of the bases for refusal in acceptance to consideration of the documents necessary for provision of the state service.

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

9.7. Procedure and methods of giving of request.

9.8. The location information, postal addresses, the working schedule and contact telephone numbers of the divisions concerning migration providing the state service.

9.9. Procedure for record on personal acceptance to officials.

9.10. Procedure for informing concerning provision of the state service, including by phone.

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

9.12. Extraction from the legislative and other regulatory legal acts regulating activities for provision of the state services.

9.13. The text of Administrative regulations (or procedure for provision of ministerial procedure) with the staticized changes.

9.14. Contact telephone numbers of the higher heads responsible for quality of provision of the state service.

9.15. The address of the Single portal in Internet network (www.gosuslugi.ru), the official site of the Ministry of Internal Affairs of Russia (мвд.рф) and the official site of territorial authority of the Ministry of Internal Affairs of Russia in Internet network.

9.16. Most frequently asked questions and answers to them.

9.17. The prevention for receivers of the state service of possible fraud with use of short text messages (SMS) and telephone surveys.

10. By phone, in case of the personal or written address officials shall give exhaustive information on questions of provision of the state service.

11. Informing is performed on the questions concerning:

methods of giving of request;

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;

course of provision of the state service.

12. 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 11 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 concerning provision of the state service, to data on the course of provision of the state service shall not exceed 10 minutes.

Informing concerning provision of the state service is performed in reception hours.

13. According to the written address the official responsible for provision of the state service, in detail in writing explains to the citizen procedure for provision of service and within 30 days from the date of registration of the written address sends 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; 2014, No. 48, Art. 6638).

14. 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.

15. Reference information about the location, the working schedule, telephone numbers for enquiries of the Ministry of Internal Affairs of Russia, territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels, divisions concerning migration, number of phone answerphone, addresses of the official site, e-mail of the Ministry of Internal Affairs of Russia and its territorial authorities at the regional level and (or) forms of feedback of the Ministry of Internal Affairs of Russia "Internet" is posted online:

on the official site of the Ministry of Internal Affairs of Russia and the websites of territorial authorities of the Ministry of Internal Affairs of Russia in Internet network in the Section "Structure" on the page of division concerning migration;

on the Single portal;

at information stands of divisions concerning migration.

15.1. Reference information turns out the applicant by the appeal to the official site of the Ministry of Internal Affairs of Russia and the websites of territorial authorities of the Ministry of Internal Affairs of Russia in Internet network, concerning migration or it is provided to the Single portal, information stands of divisions by officials by means of telephone communication, in case of oral or written addresses.

15.2. Reference information is provided free of charge, access to reference information is provided according to the procedure, stipulated in Item 7 Administrative regulations.

15.3. Provision of reference information is by phone performed according to the procedure, stipulated in Item 12 Administrative regulations.

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