ORDER OF FEDERAL DRUG CONTROL SERVICE OF THE RUSSIAN FEDERATION

of August 12, 2009 No. 362

About approval of the Instruction about the organization of work in drug trafficking monitoring bodies and psychotropic substances on representation of materials and their consideration in case of decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation

For the purpose of implementation of the Federal Law of August 15, 1996 N114-FZ "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation" (The Russian Federation Code, 1996, N 34, Art. 4029; 1998, N 30, Art. 3606; 1999, N 26, Art. 3175; 2003, N 2, Art. 159; 2003, N 27 (h 1), Art. 2700; 2004, N 27, Art. 2711; 2006, N 27, Art. 2877; 2006, N 31 (h 1), Art. 3420; 2007, N 1 (h 1), Art. 29; 2007, N 3, Art. 410; 2007, N 49, Art. 6071; 2007, N 50, Art. 6240; 2008, N 19, Art. 2094; 2008, N 20, Art. 2250; 2008, N 30 (h 1) Art. 3583; 2008, N 49, the Art. 5735, of 5748) and the order of the Government of the Russian Federation of April 7, 2003 N 199 "About approval of the Regulations on decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation and the list of federal executive bodies, authorized to make the decision on undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation" (The Russian Federation Code, 2003, N 15, Art. 1363; 2005, N 44, Art. 4562; 2008, N 14, Art. 1412; 2008, N 46, 5361) I order to the Art.:

1. Approve the enclosed Instruction about the organization of work in drug trafficking monitoring bodies and psychotropic substances on representation of materials and their consideration in case of decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation.

2. Bring the order to employees, federal government civil servants and employees of monitoring bodies for drug trafficking and psychotropic substances in the part concerning them.

3. To impose control of execution of this order on the first deputy director of FSKN of Russia Kalandu V. A.

Appendix

to the order of Federal Drug Control Service of the Russian Federation of August 12, 2009 No. 362

The instruction about the organization of work in drug trafficking monitoring bodies and psychotropic substances on representation of materials and their consideration in case of decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation

1. This Instruction establishes procedure for activities of monitoring bodies for drug trafficking and psychotropic substances (further - bodies of drug enforcement) on decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation.

2. The decision on undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation according to part three of article 25.10 of the Federal Law of August 15, 1996 N 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" (The Russian Federation Code, 1996, N 34, Art. 4029; 1998, N 30, Art. 3606; 1999, N 26, Art. 3175; 2003, N 2, Art. 159; 2003, N 27 (h 1), Art. 2700; 2004, N 27, Art. 2711; 2006, N 27, Art. 2877; 2006, N 31 (h 1), Art. 3420; 2007, N 1 (h 1), Art. 29; 2007, N 3, Art. 410; 2007, N 49, Art. 6071; 2007, N 50, Art. 6240; 2008, N 19, Art. 2094; 2008, N 20, Art. 2250; 2008, N 30 (h 1) Art. 3583; 2008, N 49, 5735, the Art. 5748) it can be accepted the Art.:

a) concerning the foreign citizen or the stateless person which illegally are in the territory of the Russian Federation;

b) concerning person to whom entry into the Russian Federation is not resolved;

c) if stay (accommodation) of the foreign citizen or stateless person, legally being in the Russian Federation, creates real threat of defense capability or safety of the state to either public order, or health of the population.

3. The decision on undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation should be accepted according to the regulations of the legislation of the Russian Federation and international law regulating protection of the rights and fundamental freedoms of the person.

4. In the presence of the materials confirming the circumstances which are according to the Federal Law of August 15, 1996 N 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" the basis for decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation (further - materials), operational divisions of bodies of drug enforcement * (further authorized divisions) prepare the petition for decision making for undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation on sample according to appendix to this Instruction which affirms:

in FSKN of Russia - chiefs of managements of Operational and investigation department of FSKN of Russia, chiefs of managements of Department of own safety of FSKN of Russia respectively;

in territorial authority of FSKN of Russia - the chief of territorial authority.

The approved petition for decision making for undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation (further - the petition) with the materials attached to it without delay goes addressed to the commission chairman of FSKN of Russia on consideration of petitions for decision making about undesirability of stay (residence) in the Russian Federation of the foreign citizen or the stateless person (further - the Commission).

5. The decision on undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation shall be accepted in time, not exceeding 1 month from the date of registration in accordance with the established procedure of the petition which arrived in FSKN of Russia, at the same time:

5.1. Within 14 working days the Commission considers the provided materials for determination of feasibility of satisfaction of the petition.

5.2. In case of lack of good causes for decision making about undesirability of stay (residence) of the foreign citizen or stateless person in the Russian Federation the Commission returns the petition with materials in authorized division of FSKN of Russia (territorial authority of FSKN of Russia) for additional verification and preparation of necessary documents.

5.3. In case of disagreement with the petition the Commission within 3 working days prepares the conclusion by results of consideration of question of undesirability of stay (accommodation) of the foreign citizen or the stateless person in the Russian Federation (further - the conclusion) which affirms the commission chairman.

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