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FEDERAL LAW OF THE RUSSIAN FEDERATION

of February 19, 1993 No. 4528-1

About refugees

(as amended on 01-07-2021)

This Federal Law determines the bases and procedure for recognition by the refugee in the territory of the Russian Federation, establishes economic, social and legal guarantees of protection of the rights and legitimate interests of refugees according to the Constitution of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation.

The legislation of the Russian Federation on refugees consists of this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to it.

Article 1. Basic concepts

1. For the purposes of this Federal Law the following basic concepts are applied:

1) the refugee is person who is not citizen of the Russian Federation and who owing to quite reasonable concerns to fall victim of prosecutions on the basis of race, religions, nationality, nationality, belonging to certain social group or political convictions is out of the country of the civil accessory and cannot use protection of this country or does not wish to use such protection owing to such concerns; or, without having certain nationality and being out of the country of the former regular residence as a result of similar events, cannot or does not wish to return to it owing to such concerns;

2) person petitioning for recognition by the refugee is person who is not citizen of the Russian Federation and declares desire to be acknowledged refugee on the circumstances provided by the subitem 1 of Item 1 of this Article from number:

the foreign citizens who arrived or persons interested to arrive to the territory of the Russian Federation;

the stateless persons which arrived or persons interested to arrive to the territory of the Russian Federation;

the foreign citizens and (or) stateless persons staying on the territory of the Russian Federation legally;

3) provisional asylum is possibility of the foreign citizen or stateless person it is temporary to stay in the territory of the Russian Federation according to article 12 of this Federal Law, with other Federal Laws and other regulatory legal acts of the Russian Federation;

4) the place of temporary content is place of stay of person petitioning for recognition by the refugee and members of his family near the check point through Frontier of the Russian Federation;

the center of temporary accommodation of persons petitioning for recognition by refugees is place of stay of the persons petitioning for recognition by refugees or recognized as refugees and members of their families in the territory of the Russian Federation;

the fund of housing for the temporary settlement of persons recognized as refugees (further - fund of housing for the temporary settlement), is set of the premises provided to persons recognized as refugees and members of their families.

Article 2. Limits of operation of this Federal Law

1. Provisions of this Federal Law do not extend to person:

Concerning which 1) there are serious reasons to assume that it committed crime against the world, war crime or crime against humanity in the definition given by this act in the international statements which are drawn up for the purpose of taking measures concerning similar crimes;

2) which committed serious crime of non-political nature outside the territory of the Russian Federation and before it was allowed on the territory of the Russian Federation as person petitioning for recognition by the refugee;

3) which is guilty of making of the acts contradicting the purposes and the principles of the United Nations;

Behind which 4) the competent authorities of the state in which it lived recognize the rights and obligations connected with nationality of this state;

5) which uses protection and (or) the help of other bodies or organizations of the United Nations, except the High Commissioner of the United Nations for refugees now.

2. This Federal Law does not extend to the foreign citizens and persons without citizenship who left the state of the civil accessory (the former regular residence) for the economic reasons or owing to hunger, epidemic or emergency situations of natural and technogenic nature.

Article 3. Recognition of person by the refugee

1. Recognition of person by the refugee is performed according to the procedure, determined by this Federal Law.

2. Recognition of person by the refugee provides:

1) the address with the petition for recognition by the refugee (daleekhodataystvo);

2) preliminary consideration of the petition;

3) decision making about issue of the certificate on consideration of the petition on being (further - the certificate) or about refusal in consideration of the petition in essence;

4) issue of the certificate or notification on refusal in consideration of the petition in essence;

5) consideration of the petition in essence;

6) decision making about recognition by the refugee or about refusal in recognition by the refugee;

7) certification of the refugee or the notification on refusal in recognition by the refugee.

3. The decision on issue of the certificate or on recognition by the refugee or the decision on refusal in consideration of the petition on being or about refusal in recognition by the refugee is accepted following the results of questioning of person, execution of the questionnaire on the basis of holding individual interviews, and also by results of check of reliability of the received information about this person and the family members who arrived with it, check of circumstances of their arrival on the territory of the Russian Federation and the bases for their stay in the territory of the Russian Federation, after comprehensive study of the reasons and circumstances stated in the petition. For the purpose of refining of the facts reported by person holding additional interviews is allowed.

Person who addressed with the petition in the territory of the Russian Federation undergoes the procedure of identification of the personality, including obligatory state dactyloscopic registration, in the place of submission of the petition. Obligatory state dactyloscopic registration of person who addressed with the petition outside the territory of the Russian Federation is carried out in the place of certification of the refugee.

4. Recognition by refugees of persons which are members of one family is performed concerning each family member who reached age of eighteen years taking into account the circumstances provided by the subitem 1 of Item 1 of article 1 of this Federal Law.

In case of lack of the circumstances provided in the subitem 1 of Item 1 of article 1 of this Federal Law concerning one of family members who reached age of eighteen years for the purpose of ensuring reunion of family this family member from its consent is also recognized the refugee.

5. Recognition by the refugee of person under the age of of eighteen years and arrived to the territory of the Russian Federation without parents or guardians, or determination of its other legal status is in the territory of the Russian Federation performed taking into account interests of person according to this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation after receipt of information about parents or about guardians of this person.

6. If at person recognized as the refugee the child is born, the legal status of the child is determined according to this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation.

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