Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

It is registered

Ministry of Justice 

Russian Federation

On June 23, 2009 No. 14118

ORDER OF THE FEDERAL MIGRATION SERVICE OF THE RUSSIAN FEDERATION

of May 21, 2009 No. 119

About the organization in system of the Federal Migration Service of activities for decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation

(as amended of the Order of the Federal Migration Service of the Russian Federation of 18.06.2015 No. 304)

For the purpose of realization of part three of article 25.10 of the Federal Law of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" * and in pursuance of Item 3 of the Regulations on decision making on undesirability of stay (accommodation) of the foreign citizen or the stateless person in the Russian Federation approved by the order of the Government of the Russian Federation of April 7, 2003 No. 199 **, - I order:

1. Approve the enclosed Instruction about procedure for preparation, representation and consideration in system of the Federal Migration Service of materials on decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation.

2. Determine that in system of the Federal Migration Service *** the decision on undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation is accepted by the head of FMS of Russia.

3. To provide to chiefs (heads) of territorial authorities of FMS of Russia according to this Instruction preparation of the materials confirming the circumstances which are the basis for decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation and their submission to FMS of Russia.

4. To impose control over the implementation of this order on the deputy manager of FMS of Russia on the supervised activity.

Director, police colonel general

K. O. Romodanovsky

_____________________________

* Russian Federation Code, 1996, No. 34, Art. 4029; 1998, N№0, of Art. 3606; 1999, No. 26, Art. 3175; 2003, No. 2, Art. 159, No. 27, Art. 2700; 2004, No. 27, Art. 2711; 2006, No. 27, Art. 2877, No. 31, Art. 3420; 2007, No. 1, Art. 29, No. 3, Art. 410, No. 49, Art. 6071; 2008, No. 19, Art. 2094, No. 20, Art. 2250, No. 30, Art. 3583, 3616, No. 49, Art. 5735, Art. 5748; 2009, No. 7, Art. 772).

** Russian Federation Code, 2003, No. 15, Art. 1369; 2008, No. 19, Art. 2094.

*** Further - FMS of Russia.

Appendix

to the Order of the Federal Migration Service of the Russian Federation of May 21, 2009 No. 119

The instruction about procedure for preparation, representation and consideration in system of the Federal Migration Service of materials on decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation

1. This Instruction determines procedure for preparation, representation and consideration in system of the Federal Migration Service * (1) materials on decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation * (2).

2. In case of identification of the bases specified in article 25.10 of the Federal Law of August 15, 2008 to No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" and which are within the competence of FMS of Russia, the territorial authority of FMS of Russia prepares the materials documenting them and the decision on undesirability of stay (appendix No. 1 to the Instruction) in duplicate.

Preparation of materials and the decision is performed within 10 working days from the date of receipt of the documents confirming availability of the bases for decision making about undesirability of stay.

3. By preparation of materials and decisions on undesirability of stay it is necessary to consider the international obligations of the Russian Federation on protection of the rights and fundamental freedoms of the person.

4. The materials specified in Item 2 of this Instruction and also the copy of the identity document of the foreign citizen or stateless person, in case of its availability, and the first copy of the decision on undesirability of stay without delay go to FMS of Russia with the cover letter signed by the head of territorial authority of FMS of Russia or his deputy supervising this direction of activities.

The second copy of the decision on undesirability of stay, and also the copy of the materials directed to FMS of Russia remains in territorial authority of FMS of Russia and are located in nomenclature case for storage in accordance with the established procedure. In the specified case the materials which arrived from FMS of Russia after consideration are also located.

4.1. The decision on undesirability of stay is made by FMS of Russia in time no more than 1 month from the date of receipt of the documents specified in paragraph one of item 4 of this Instruction.

5. The structural division of central office of FMS of Russia performing coordination of activities of divisions of FMS of Russia and its territorial authorities concerning the organization of work with foreign citizens * (3):

5.1. Provides control of territorial authorities of FMS of Russia regarding terms of preparation and quality of the represented materials.

5.2. In time no more than 15 working days from the date of intake of materials in FMS of Russia consider them regarding availability of the bases for decision making about undesirability of stay, and also identification of the circumstances interfering adoption of the specified decision.

5.3. In case of low-quality preparation of materials, or in case of absence in them good causes for decision making about undesirability of stay, directs materials with the cover letter to the territorial authority of FMS of Russia which provided them for completion or storage in accordance with the established procedure.

5.4. Sends to structural division of central office of FMS of Russia within which competence questions of conducting legal examination of drafts of legal acts of FMS of Russia * (4), the draft decision about undesirability of stay and the materials confirming the circumstances which are the basis for decision making about undesirability of stay are. The draft decision is submitted in legal division in the final version prepared for signing by the head of FMS of Russia.

<4> Further - "legal division".

6. The legal division within 5 working days carries out legal expertize of materials by results of which:

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.