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The document ceased to be valid since November 7, 2015 according to Item 2 of the Order of the Federal Migration Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation of July 31, 2015 No. 367/807

It is registered

Ministry of Justice

Russian Federation

On June 9, 2009 No. 14037

ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION AND FEDERAL MIGRATION SERVICE OF THE RUSSIAN FEDERATION

of April 30, 2009 No. 338/97

About approval of Administrative regulations on execution of the state function of control and supervision of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens and persons without citizenship and of observance of rules of attraction by employers, customers of works (services) of foreign workers to the Russian Federation and uses of their work

(as amended on 01-06-2013)

1. Approve the enclosed Administrative regulations on execution of the state function of control and supervision of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens and persons without citizenship and of observance of rules of attraction by employers, customers of works (services) of foreign workers to the Russian Federation and uses of their work.

2. To impose control over the implementation of this order on the First Deputy Minister of Internal Affairs police colonel general M. I. Sukhodolsky and on the deputy director of the Federal Migration Service A. E. Kuznetsov.

 

The Minister of Internal Affairs of the Russian Federation - the general

R. G. Nurgaliyev

The Director of the Federal Migration Service - the police colonel general

K. O. Romodanovsky

Appendix

to the Order of the Ministry of Internal Affairs of the Russian Federation and the Federal Migration Service of the Russian Federation of April 30, 2009 No. 338/97

Administrative regulations on execution of the state function of control and supervision of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens and persons without citizenship and of observance of rules of attraction by employers, customers of works (services) of foreign workers to the Russian Federation and uses of their work

I. General provisions

1. Administrative regulations on execution of the state function of control and supervision of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens and persons without citizenship and of observance of rules of attraction by employers, customers of works (services) of foreign workers to the Russian Federation and uses of their work * (1) determines terms and the sequence of actions (ministerial procedures) when carrying out:

checks of observance by foreign citizens and stateless persons * (2) statutory rules of entry into the Russian Federation, departure from the Russian Federation, the mode of stay (residence) in the Russian Federation, rules of migration registration, procedure of labor activity, transit through the territory of the Russian Federation, and also behind observance by legal entities and citizens who have obligations connected with the invitation of the foreign citizen to the Russian Federation and (or) its stay in the territory of the Russian Federation, rules and (or) procedure for execution of the specified obligations;

the inspections concerning legal entities which are carried out by territorial authorities of FMS of Russia and their structural divisions * (3), regardless of patterns of ownership (including the foreign companies, their branches and representations) and the individual entrepreneurs attracting (allowing in any form) to performance of works or rendering services or otherwise the foreign citizens using work, for the purpose of control of compliance of the legal relationship arising between foreign citizens and the specified organizations or individual entrepreneurs, to requirements of the legislation of the Russian Federation in the sphere of migration;

checks of observance by the physical persons who are not the individual entrepreneurs and attracting (allowing in any form) to performance of works or rendering services or otherwise using work of foreign citizens, requirements of the legislation of the Russian Federation in the sphere of migration;

the joint inspections which are carried out by the divisions of system of FMS of Russia enshrined as contractors in the corresponding plans of checks which competence includes conducting these checks, the law-enforcement bodies of the Russian Federation enshrined as contractors in the corresponding plans of checks and the public authorities equipped with functions on control and supervision in the established field of activity.

2. The administrative regulations do not extend to the activities connected with verification of the data which arrived in FMS of Russia necessary for the subsequent permission of question of issue of visas to entry into the Russian Federation, prolongation of effective period, recovery and revocation of visas for foreign citizens and stateless persons.

3. Divisions of system of FMS of Russia and law-enforcement bodies of the Russian Federation * (4) when implementing the above-stated control and supervising functions in the sphere of migration are guided by the following principles:

priority of rights and freedoms of man and citizen;

legality;

publicity in case of unconditional observance of the state and protected by the law other secret;

independence and independence in realization of own powers, and also in development of forms and methods of implementation of actions for control and supervision in the established field of activity;

cooperation with other interested public authorities and local government bodies in the established field of activity. In case of execution of the state function officials of divisions of system of FMS of Russia and law-enforcement bodies of the Russian Federation shall act in strict accordance with the legislation of the Russian Federation, correctly and to show consideration for citizens of the Russian Federation and foreign citizens.

4. Check is set of actions of officials of divisions of system of FMS of Russia and the law-enforcement bodies of the Russian Federation connected with control of execution of requirements of the migratory legislation of the Russian Federation the checked object in connection with finding of the foreign citizen in the territory of the Russian Federation, implementation of necessary researches, examinations, registration of results of check and taking measures to results of check.

Objects of check (further - the checked objects) are physical person, except as specified, stipulated by the legislation the Russian Federation, the legal entity, the individual entrepreneur, the customer of works (services), the vehicle, including transport routes of the international directions of the road, rail, sea, river, air transportation, the place of stay (accommodation) of foreign citizens (this concept is used for the purpose of these Administrative regulations).

5. Treat legal entities and individual entrepreneurs concerning whom divisions of system of FMS of Russia and law-enforcement bodies of the Russian Federation hold events according to Administrative regulations:

1) legal entities irrespective of patterns of ownership (including the foreign companies, their branches and representations) and the individual entrepreneurs who are in relation to foreign citizens employers;

2) legal entities irrespective of patterns of ownership (including the foreign companies, their branches and representations), individual entrepreneurs, in the territory of the parcels of land, buildings and rooms belonging to them or used by them on the bases stipulated by the legislation the Russian Federation, the labor activity by foreign citizens, or the automobiles which provided to foreign citizens is performed;

3) legal entities irrespective of patterns of ownership (including the foreign companies, their branches and representations), the individual entrepreneurs who are acting concerning foreign citizens as the host party or reported about themselves data in FMS of Russia as about the party accepting the foreign citizen;

4) legal entities irrespective of patterns of ownership (including the foreign companies, their branches and representations), the individual entrepreneurs obliged to provide observance of regulations of the migratory legislation by the third parties organizing activities with use of their property or in other cases when such obligation is established by the legislation of the Russian Federation.

6. Subject of control and supervision of FMS of Russia and (or) the Ministry of Internal Affairs of Russia of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens, is:

observance by the foreign citizen of rules of entrance on the territory of the Russian Federation;

observance by the foreign citizen of the mode of stay (accommodation) in the territory of the Russian Federation;

observance by the foreign citizen of rules of migration registration, reliability of information provided to them at the same time;

observance by the foreign citizen of rules of movement and procedure for the choice of the place of stay or residence in the territory of the Russian Federation;

observance by persons acting concerning the foreign citizen as the host party, rules of migration registration in the place of stay and proper execution of obligations of the host party by them, reliability of information on the foreign citizens who are subject to migration registration provided by them;

observance by the foreign citizen of procedure for transit through the territory of the Russian Federation;

observance by the foreign citizen of rules of statement on migration registration in the place of stay in the Russian Federation in the cases established by the legislation of the Russian Federation;

observance by the foreign citizen of fixed term of departure out of limits of the territory of the Russian Federation;

observance by the foreign citizen of restrictions according to the permitted (declared) purpose of entry into the Russian Federation during stay in the Russian Federation;

execution by the foreign citizen of the established procedure of identification of the personality.

7. Subject of control and supervision of FMS of Russia of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens, and also of observance of rules of attraction by employers, customers of works (services) of foreign workers in the Russian Federation and uses of their work, is:

observance by the foreign citizen of conditions of implementation of labor activity in the Russian Federation and observance of restrictions for occupation with separate types of activity;

observance by the foreign citizen of established procedure of medical examination;

execution by the foreign citizen of obligation of accommodation in the place of temporary content, in the center of temporary accommodation of immigrants or in the place determined by territorial authority of FMS of Russia for temporary stay, and is equal observance of rules of accommodation in the specified places;

observance of the rights and legitimate interests of the foreign citizens involved as employers, customers of works (services) from the employer;

observance by legal entities and individual entrepreneurs of requirements of the legislation of the Russian Federation for registration of permission to attraction and use of foreign labor power and the conditions established by such permission;

observance by legal entities and individual entrepreneurs of restrictions for admissible share of the foreign workers used by business entities;

observance by legal entities and individual entrepreneurs of procedure for the obligatory notification of authorized bodies of the government about employment of foreign citizens;

observance by legal entities and individual entrepreneurs of compulsory provisions for the admission of foreign citizens to performance of works or rendering services;

observance by legal entities and individual entrepreneurs of requirements of the legislation of the Russian Federation on migration registration in cases when they, being employer for the foreign citizen, act as also host party, requirements to the direction of the reliable information necessary for implementation of migration registration, and proper execution of obligations of the host party;

observance by legal entities and individual entrepreneurs of other conditions and restrictions if these requirements are obligatory for employers, customers of works (services) attracting foreign workers to the Russian Federation and persons using their work;

execution by legal entities and individual entrepreneurs of obligation on ensuring compliance with the legislation of the Russian Federation in the sphere of migration by the third parties organizing activities with use of their property or in other cases when such obligation is established by the legislation of the Russian Federation;

execution by inviting party of requirements to reliability of the data sent to FMS of Russia and other public authorities;

other legal relationship in the sphere of migration in accordance with the legislation of the Russian Federation.

8. Execution of the state function on control and supervision of observance of provisions of the migratory legislation of the Russian Federation by foreign citizens, of observance of rules of attraction by employers, customers of works (services) of foreign workers to the Russian Federation and uses of their work is performed according to:

1) international treaties of the Russian Federation;

2) Constitution of the Russian Federation * (5);

4) Labor Code of the Russian Federation * (7);

5) Town-planning code of the Russian Federation * (8);

6) Tax Code of the Russian Federation * (9);

7) Civil code of the Russian Federation * (10);

8) Federal Laws and laws of the Russian Federation:

of February 19, 1993 No. 4528-1 "About refugees" * (12);

of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" * (13);

of July 25, 1998 No. 128-FZ "About the state dactyloscopic registration in the Russian Federation" * (15);

of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" * (17);

of July 18, 2006 г.№109-ФЗ "About migration registration of foreign citizens and stateless persons in the Russian Federation" * (18);

of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" * (19);

of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" * (20);

other legal acts of the Russian Federation;

9) presidential decrees of the Russian Federation:

of July 19, 2004 No. 928 "Questions of the Federal Migration Service" * (21);

of July 19, 2004 No. 927 "Questions of the Ministry of Internal Affairs of the Russian Federation" * (22);

other decrees and orders of the President of the Russian Federation;

10) orders of the Government of the Russian Federation:

of October 1, 1998 No. 1142 "About realization of separate regulations of the Federal Law "About Procedure for Departure from the Russian Federation and Entrance on the Territory of the Russian Federation" * (23);

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