The status of foreigners and osib without community. Peculiarities of the administrative-legal status of foreign communities and osib without community - administrative law
The administrative and legal status of foreign communities and even without communities is determined by the Constitution of the Russian Federation, the Federal Law “On the legal camp of foreign communities Russian Federation”, other federal laws, international treaties, regulations of the Russian Federation, and other legal acts.
A foreign hulk is a physical person, like not a hulk of the Russian Federation and can prove the obviousness of gromadism (peddance) foreign power. A person without enormity is a physical person, as if he is not a gromadian of the Russian Federation and cannot prove the obviousness of enormity (peddling) of a foreign power. Foreign citizens and individuals without community living in the Russian Federation and zdiyasnyuyut their activity on the submission of special documents (request for entry; allowed for timchasovoe residence, allowed for accommodation). Z tsієї podstavi іnozemnі hulks that individuals without hulks, scho located on the territory of the Russian Federation, are divided into three categories: timchasovy perebuvayut from the Russian Federation; Timchasovo living with the Russian Federation; live permanently with the Russian Federation. Timchasovo is rebuying in the Russian Federation a foreign citizen (a person without a community) - a person who arrived in the Russian Federation on the basis of a visa, or in order, which does not require the withdrawal of a visa, and could not allow her to live or allow her to live at a time. If so, a document about those who are substantiated for the sight of a foreign hulk (individuals without a hulk) are taken or substantiated for entry to the Russian Federation in order, which does not
otrimannya visa, є request for entry to the Russian Federation.
The request for entry to the Russian Federation is seen by the Ministry of Foreign Affairs of the Russian Federation or the Ministry of Internal Affairs of the Russian Federation or both by a territorial authority. A request for entry from the Russian Federation of a foreign hulk (individuals without a hulk) with a method of education in the lighting installation is seen as a territorial body of the Ministry of Internal Affairs of the Russian Federation for the fuss of the lighting installation.
A request for an entry from the Russian Federation of a foreign practitioner with a method of zdijsnennya labor activity is seen by the Ministry of Internal Affairs of the Russian Federation or a territorial body for klopotannya, filed by a robot seller or a deputy worker (services). At the same time, with the murmurings about the request for help, with the method of zdіysnennya labor activity, the robot-giver or the deputy robot (services) represents:
allowed to educate that victoria of foreign practitioners;
documents necessary for the approval of the foreign skin worker. At the same time, due to the request for the method of zdіysnennya labor activity of the robotic worker, or the deputy of the worker (servants) appears to be allowed to work for the skin foreign practitioner.
Quota for Vidku Izniminim Muddyanam (Persons without fumes) Correct for V'jzzdi in Rosіyu zhtoo zdіysnennya Labor Diyalnosti Schorafully hardening a silos of the Russian Federation for the proposions of the Body of the Russian Federation with the brand of the demographs of the Siturati's vіdpovіdny sub'ctі orth єkta obshtuvannya іnozemnyh hulks (osіb without hromadaism). Such propositions of the authorities of the subjects of the Russian Federation are formed on the basis of the principle of priority selection of national labor resources with the improvement of the situation on the labor market.
The term timchasovy perebuvannya іnozemnogo hulk (individuals without hulks) of the Russian Federation is distinguished by the term dії vidanoї yomu vіzi. The term of a timely transfer to the Russian Federation of a foreign hulk (individuals without hulkiness), which arrived to the Russian Federation in order, which does not require the removal of a visa, cannot exceed 90 deb
Federal Law "On the Legal Encampment of Foreign Citizens in the Russian Federation"),
The Citizen Timchasovy (person without gromadyanstva) scho timchasovo is staying in Rosіyskіy Federatsії, zobov'yazany viїhati of Kraina pіslya zakіnchennya termіnu dії vіzi abo іnshogo termіnu, vstanovlenogo for Yogo perebuvannya in Russie, Yakscho їm not otrimano dozvіl on prodovzhennya termіnu perebuvannya abo dozvіl on timchasove residence. The term timchasovym perebuvannya іnozemnogo hulk (individuals without hulkiness) in the Russian Federation can be either continued or abbreviations in swings, as if the mind has changed or they have ceased to furnish, at the link with yakimi yomu it was allowed to be allowed.
The term of time transfer to the Russian Federation of a foreign hulk (individuals without a hulk), which, having arrived at the country in order, that does not require the removal of visas, and having laid down a labor agreement, or a civil law agreement on a vikonannya robіt (on a contract of service), , but no more than one river, which is counted from the day of the entry of a foreign hulk (individuals without hulkiness) to the Russian Federation.
The decision on the continuation of the term timchasovym perebuvannya іnozemskogo hulk (individuals without hulks) in the Russian Federation is accepted by the territorial body of the Ministry of Internal Affairs of the Russian Federation, about which to fight for an entry in the migration card. With the help of a migration card, a document is brought up that lets you know about a foreign hulk (a person without a hulk) that is in the Russian Federation, as well as a service to control the temporal transfer of a foreign hulk (a person without a hulk) of a Ukrainian.
Timchasovo living in the Russian Federation, a foreign citizen (a person without community) - a person who took off at Timchasovo residence. With the permission of the temporary residence, it is possible to confirm the right of a foreign hulk, or individuals without the bulk of the timchas, to live in the Russian Federation until the end of the certificate of residence, as it is issued at the sight of:
badges at the document, scho zasvіdchuє person of a foreign hulk or a person without hulkiness;
of the document of the inserted form, which is seen in the Russian Federation without community, who does not have a document, which is worthy of a person.
Dozvіl on timchasov residence can be seen to a foreign citizen (individuals without community) at the borders of the quota, approved by the Rada of the Russian Federation. The term dії decision on timchasovoj living to become three rocks.
Without urakhuvannya, approved by the Rada of the Russian Federation, the quota allowed for a timchasov residence could be seen to a foreign hulk (individuals without hulkiness):
having been born on the territory of the Ukrainian RSR and having changed from the past in the bulk of the SRSR, or having been born on the territory of the Russian Federation;
known to the illegitimate and maє dієzdatny son of a daughter, yakі perebuvayut from the masses of the Russian Federation;
scho can I want one non-practical dad, who is trying to get through the masses of the Russian Federation;
how to make friends with a citizen of the Russian Federation, how can one live in the Russian Federation;
scho zdіysniv іninvestitsії in Russia at rozmіrі, established by the Council of the Russian Federation; in some other ways.
The federal law "On the Legal Encroachment of Foreign Citizens in the Russian Federation" transfers the submission of advice from the witnesses, or the annulment of the allowance for temporary residence. In times, as a foreign hulk (individuals without hulks) was given permission to live on Timchas’s residence, they may re-apply for permission to live on Timchas’s residence no earlier than one day after the date of the date of admission.
Permanently residing in the Russian Federation, a foreign citizen (a person without a community) is a person who allowed her to live. In case of any kind of residence, there is a document that allows a foreign citizen or a person without community to confirm their right to permanent residence in the Russian Federation, as well as their right to free travel from Russia and to Russia. The view of the residence is seen by a foreign citizen (individuals without community) for five years. After the termination of the term of the residence permit Danish term at the request of a foreign hulk (individuals without hulks) can be extended for five years. The quantity of the sale of the term dії vouchers for accommodation is not surrounded. A view of the accommodation is issued at the sight
the document is inserted in the form and should be filled in the following way:
name, name (written in Russian and Latin letters);
the date of that place of birth; become;
the enormity of the foreign hulk;
number and date of acceptance of the decision on the issuer of the permit for accommodation;
term dії vouchers for accommodation;
the name of the body of the vykonavchoy, having seen the certificate of residence.
The federal law "On the Legal Encroachment of Foreign Citizens in the Russian Federation" transfers the provision of evidence to the witnesses or the annulment of the certificate of residence.
Documents certifying a person of a foreign citizen in the Russian Federation, a passport of a foreign citizen or another document, the establishment of a federal law or a declaration of recognition in accordance with an international treaty of the Russian Federation, as a document that recognizes a person of a special person. Documents that certify a person without a community in the Russian Federation, є:
a document issued by a foreign power and recognized by an international agreement of the Russian Federation as a document certifying a person of an individual without community;
allowed to live on Timchasov; view of the residence;
other documents transferred by federal law or recognized by the international treaty of the Russian Federation as documents certifying a person of an individual without enormity. Foreign hulks (individuals without hulks) toil for the right to freedom of transfer for special or business purposes at the borders of the Russian Federation on the presentation of documents they have, for a reason, in the territory, organizations and objects, for special rations on a yakal Timchasovo living in Russia, a foreign hromadain (a person without hromadaism) has no right vlasniy bazhannyam change the place of your residence in the boundaries of the subject of the Russian Federation, on the territory of which you are allowed to spend time
bath, or take away the place of your living posture between the borders of the subject of the Russian Federation.
Izinimnimi Maddhanam - Spex_tener of the diplomatic presentations of the consular settings of the consular settings of the Istanimniki Powered by Rosіyskiyiiiiii, Spe_V_Thisnikov Misomputerian Organizatsіyi, and I am interested in Rosіyskiyi in the Russian Federation, the right to freedom of Perezniya in the mezhas of Rosіyskoii people.
Foreign citizens (individuals without a community) do not have the right to rob and be accused in federal bodies of state power, bodies of state power of the subjects of the Russian Federation, and also take part in the referendum of the Russian Federation and referendums of the subjects of the Russian Federation. Permanently living in the Russian Federation, foreign communities (individuals of non-hugeness) have the right to rob and be accepted into the organization of the local self-regulation, and also take part in the local referendum.
Іnozemnі gromadyani (individuals without gromadyanstva) koristuyutsya right vіlno rozporyadzhatisya svoїmi zdіbnostyami to pratsі, vibirati rіd dіyalnostі that profesіyu and takozh right to vіlne vikoristannya svoїh zdіbnostey that lane for pіdpriєmnitskoї that іnshoї not zaboronenoї law ekonomіchnoї dіyalnostі of urahuvannyam obmezhen, peredbachenih federal law.
Zokrema, RobotodaVets I І Zamnik Robіt (service) Majut Right raid Tu Vikrovyvatii Іnistemnnyy Pricivnikіv Lishe for the appearance of the Podskіvnikіv's envelope, and the Izinnimnya Maddhanin (Famillery without Maspanishness) Maja Libery Labor Diyalnіst Lishe for the appearance of the person on the robot. However, this order does not expand to foreign hulks (osib without hulks):
permanently living with the Russian Federation; timchasovo living with the Russian Federation; є representatives of diplomatic representatives, practitioners of consular establishments of foreign powers in the Russian Federation, representatives of international organizations, as well as private home practitioners of appointments;
є practitioners of foreign legal systems, who install installation robots, service and warranty services, as well as post-warranty repairs of technical equipment supplied to the Russian Federation;
є journalists accredited by the Russian Federation;
who are trained in the Russian Federation in illuminating institutions of professional education and work (giving services) by protracting vacations;
who are trained in the Russian Federation in the lighting installations of professional education and work at the right time for the first time, as the primary and auxiliary personnel at the lighting installations, in which stench they are trained;
requested to the Russian Federation as nominees for holding in lighting installations.
Timchasovy hulk, who lives temporally in the Russian Federation, (a person without community) is not entitled to work outside the borders of the subject of the Russian Federation, on the territory of which you are allowed to live timchasovy.
A foreign hulk (a person without a hulk) has no right:
change to the state chi municipal service; replace the crew of the ship that is sailing near the warehouse Sovereign Ensign RF;
be a member of the crew of a military ship of the Russian Federation or another non-commercial vessel operated by a non-commercial method, as well as a pilot ship of the state or experimental aviation;
be the commander of a patrol vessel of civil aviation; but we will be accepted for work at the object and in the organization, the activity of such cases is related to the security of the Russian Federation. The transfer of such objects and organizations is confirmed by the Order of the Russian Federation;
engage in other activities and replace other plantings, admission of foreign communities to such encampments by federal law.
A foreign citizen (a person without a community) cannot be called to military service or alternative civil service, and also cannot be recruited to military service in a voluntary order (under a contract).
A foreign citizen (a person without a community), who has been in Russia, goiter, registered for three working days from the day he arrives at the Russian Federation, according to the order, transferred by the Federal Law "On the legal camp of foreign citizens, at the Russian Federal Law"
The middle of the foreign community that was especially without community in the rest of the years, a significant interest was found in the bіzhentsі, yakі occupying a special administrative and legal camp. The administrative and legal status of the refugees is designated by the Law of the Russian Federation “On the refugees”. Bіzhenets - tse person, yak is not Yea The Citizen RF i yak into force tsіlkom obґruntovanih poboyuvan become a victim pereslіduvan for Find our Rasi, vіrospovіdannya, gromadyanstva, natsіonalnostі, prinalezhnostі to pevnoї sotsіalnoї groupies abo polіtichnih perekonan znahoditsya pose kraїnoyu svoєї gromadyanskoї prinalezhnostі i do not Mauger koristuvatisya Zahist tsієї the krai, otherwise, don’t mind being greedy with such a zahist through such a fight; otherwise, not tossing the singing enormity and changing the posture of the edge of one’s great great place of living as a result of such podias, one can’t, or else one can’t turn to her after such battles.
Individuals cannot be recognized by the refugees, as they have deprived the state of their civil belonging (their most important place of residence) for economic reasons, or in the wake of hunger, epidemics, or supernatural situations of natural and man-made nature.
Person, yak pobazhala Buti viznanim bіzhentsem i dosyagla vіku 18 rokіv, guilty zvernutisya of vіdpovіdnim course taystvom abo diplomatically predstavnitstvo abo konsulska install Rosіyskoї Federatsії pose powers svoєї tsivіlnoї prinalezhnostі (Svoge kolishnogo zvichaynogo Georeferencing residence), Abo Posada іmmіgratsіynogo control Abo prikordonnogo body control at the checkpoint through the Sovereign cordon of the Russian Federation. After looking at the course of the thailand, a decision is made, either about the recognition of a person as a refugee (with the witness of his recognition), or about the recognition of a person as a refugee. The person is recognized as a refugee for up to three years. Nadalі termіnnja izznannya bіzhenetsom can prodovzhuvatisya on the skin offensive rіk. A person who has been recognized as a refugee has the right to the removal of services, transferring and transferring information about her rights and goitre.
information, as well as other information; safe passage and baggage transportation until the transfer to the Russian Federation; otrimannya kharchuvannya and koristuvannya public servants at the center of timchasovogo placement until the vibbuttya until the month of restful rebuking, medical and medical assistance; priyannya directly at the professional level, or at the practice; social protection, including social security and others.
A person recognized as a refugee, goiter: to respect the Constitution of the Russian Federation and Russian laws, establishing the order of residence; tell about us, change the place of relocation on the territory of the Russian Federation or move to the place of residence outside the territory of the Russian Federation; go through a screen reshaping and ing.
> Peculiarities of the administrative and legal status of foreign communities and especially without communities
Russian legislation about the bulk of society transfers: the bulk of the Russian Federation, the greater bulk, the honorable bulk, the bulk of the republics of the SND (Crimea of Russia), the foreign mass and the osib without the bulk.
The legal establishment of the osіb іz podvіynim hromadastvom, honor hromаdyanstvo and hulks SND legislature of the Russian Federation is not regulated. The legal, zocrema and administrative-legal status of foreign citizens, and osib without community was appointed by the Constitution, according to Russian legislation on the legal camp of foreign hulks, and osib without community and other normative acts. So, at st. 62 of the Constitution it is said that foreign hulks and individuals without hulkiness are corsated in the Russian Federation by the rights and bear obligations on a par with the hulks of Russia, the crime of vipadkiv, established by federal law or by an international treaty of the Russian Federation.
Obyag administrative pravosub'ektnosti foreign hromadyan and osib without hromadyanstva deshche already, lower obsyag pravosub'ektnosti hromadyan Russia. Foreign citizens can live in the Russian Federation with the permission of the competent authorities. Woni could not ignite Viborni Posadi in Aparatі WingAVCHO Vlada, and I can't make it possible to sign up for Okrai Aboy, Yakscho Vіdpovy Labor, Yakschko Vіdpovy, to the legislative, acknowledged at the Central Committee of the Aboy Vyan'yazyi Zh. Dyalnіstuya Dyazdaniya Rosії.
Foreign hulks and individuals without hulkiness can move across the territory of Russia and rob the place of residence to Russia, according to the procedure established by law. The stench is guilty of dorimuvatisya rules for the transfer of foreign citizens from Russia, the rules for the transit of foreign citizens through the territory of the Russian Federation. Exchanges at the transfer of one’s choice of place of residence are allowed, if necessary for the security of the sovereign security. So, it is possible to establish the masses, closed for observation by foreign citizens, and to enter the territory of such masses is only possible with the permission of the internal authorities. Foreign citizens, who pass through the territory of Russia in transit, follow the rules of transit to the cordon point from Russia for the established route and may enter the territory for obvious permission, seen by the competent authorities.
Foreign hulks and individuals without hulkiness for entry and exit from the Russian Federation are guilty of mothers, Crimean documents that certify a person, a Russian visa. For foreign citizens and persons without community, as if they were rebuying from the Russian Federation by the term for over 3 months, a visa for entry is seen for the mind that they have given a certificate about the presence of the stench of VIL - іnfektsії.
As far as the constitution of the Russian Federation is concerned, foreign hulks and individuals without hulkiness are corsated in the Russian Federation by rights and bear obligations on a par with the hulks of the Russian Federation. Qi hulks, independently, who live in the stench of the Russian Federation permanently chi timchasovo, obey the laws of order.
However, obsyag administrative legal personality of foreign communities and even without community society, even more, lower obligatory legal personality of the citizens of Russia. Foreign citizens can live in the Russian Federation with the permission of the competent authorities. The stench cannot, for example, embrace the electorate and put them in the apparatus of the vikonavchos, do not fight with the right to vote, do not take part in the popular vote, and also cannot be recognized on the seat of the plant, or engage in singing labor activity. The Russian legislation on military binding and military service is not extended to foreign citizens.
Ale stinks carry installed obov'yazki before the Russian Federation. For example, foreign citizens, who arrived before the permanent residence, goiter, take in the OVS a view of the residence and in insertion of the term register.
For destruction by foreign hulks and persons without enormity of the established norms on the territory of the Russian Federation, before them, there may be stagnation of a different type of criminality (criminal, administrative, civil and legal and disciplinary). Behind the veneer of diplomatic and consular representations (the information about the future is dismissed by a diplomatic way).
Features of the legal personality of foreign communities:
They cannot be sovereign servants, embrace the deacons, put them in prison, work in the Allied Armed Forces;
They are not allowed to work, tied up with the sovereign secret;
They are not covered with military footwear;
For a low lawfulness up to vіdpovіdalnostі can be attracted only foreign hulks and individuals without hulkiness;
Just before them, there can be such a zahіd of contraction - like a divorce;
When you enter the territory of the Russian Federation, you are responsible for your mother's visa (the citizens of the SND make the blame);
You can also install an exchange at the transfer and choose a place of residence (for example, at a closed place);
Due to the obviousness of the situation, they may not be allowed to leave Russia for them (inflicting a criminal mischief by them).
Russian legislation on military obligations and military service does not expand on foreign citizens.
For foreign citizens, specific obov'yazki are required. They can permanently live in Russia, as if they may have allowed them to live, seen by the uplifting authorities of the vikonavchoi government. Foreign citizens, who have Russia's other legal support, are respected at the same time by Russia. Von goitre, in the prescribed manner, register your foreign passports or documents that will replace them, and viїhati from the Russian Federation after the end of the term assigned to him by him.
For being destroyed by foreign hulks, those persons without hulkiness ruled over from Russia, tobto. residing without a document for the right to stay in Rosіyskiyii Aboy Abo residents for undervisory documents, unwrapped overwhelming about the registrass of the REJUSE ABOUT ABOUT PREDINE TO VIBURY MІSSY PISLANY ZAYNENNYY VІD VIZIZDU PISLYA ZAYNCHENNYY ADMINATED TO THEIR DEMONNE PERSONNEY, AND IS TAGOR FOR NEW RUSS zastosovani yak mira administrative styagnennya perederzhennya chi fine. To a foreign hulk, having violated the legislation on the legal camp of foreign hulks, you may have a quick sing-along term for a change. A foreign citizen can be seen from between Russia, for example:
Yogo di super to speak to the interests of the security of the state security to protect the public order;
It is necessary for the protection of the health and morality of the population, for the protection of the rights and legitimate interests of the people of Russia and others;
Vіn grossly violating the legislation on the legal camp of foreign citizens in Russia, mint, currency and other Russian legislation.
A special legal position for the heads and spivrobitniks of diplomatic and consular representatives, as well as for other persons, as official representatives of foreign powers. Prior to the legislation of Russia and international treaties of Russia with a major foreign power, they are entitled to privileges and may have diplomatic immunity, through which they do not fall under the jurisdiction of the Russian Federation.
Foreign communities and individuals without community, living in the Russian Federation, are subject to the laws of the Russian Federation. For the violation of these laws, the stench is charged with equals with the citizens of the Russian Federation.
Ministry of Education and Science
Russian Federation
CHITA INSTITUTE (filiya)
federal state budgetary lighting establishment
higher professional education
"BAIKAL POWER
UNIVERSITY OF ECONOMICS AND LAW"
(CHI FDBOU VPO "BDUEP")
ADMINISTRATIVE AND LEGAL STATUS OF THE FOREIGN HUMANITIES I OSIB WITHOUT HUMANITY
course work
Chernyakova O.S.
Scientific kerіvnik: Associate Professor of the DPD Department
candidate of legal Sciences
Vasilyeva Natalia Yuriivna
Entry
Visnovok
Entry
Relevance of topics.The fundamental right of the community of society is to take revenge on its own norms, as it regulates the legal camp of foreign citizens, and to induce stateless people, so that it is possible without communityism and refugees. The legislator establishes the administrative-legal status of the designated osіb in our country. Vіdpovіdno to dignified legislation, such a status is a complex of freedoms, as well as rights and obov'yazkіv hromadyanina, which are regulated by administrative and legal norms, and can be implemented in vіdnosinah, which is blamed on the gallery of administrative law.
The urgency of this situation is explained only by the fact that the evolution of the people, which blames the international equal, the problem of regulating the administrative and legal status of the inhabitants of other powers, and to develop the great Russian Federation significance without the enormity.
H leads to the legislative of Vіdpovіdnіst to standard loving, standing on the company's international Rivnі, zb_lighnamiiiiiiiiiii contact_v, from Rosіyski Federal Divine, regularly driving ількіст сіба сіноменные стров, Які и и и и и итоевий. Such strong migratory flows, lead to the vindication of the need to virishuvate to bring in folded food, due to the enormity and security of the rights of the people. Also, there can be a place and a mutual relationship, which is the problem of the legal status of foreign citizens, and also without community, with food, which protect the rights of a person and a community from the point of view of administrative law, as it is obvious. Migration of the bulk of the foreign powers from the Russian Federation, as well as the absence of the bulk of the people, the legacy of the fact that for the sake of their large living, the rights were destroyed, which is one of the main reasons for the problem of resettlement and the increase in the growth of the station.
In the yakost subject matteract the norms of the basic law of our country - the Constitution of the Russian Federation, as well as other ranks of legislators and normative acts that regulate the legal status of citizens of foreign powers, as well as without community in Russia from the point of view of administrative law.
In the yakost follow-up objectact out the blues that are formed in the sphere of understanding the legal status of the citizens of foreign powers, and navit osib without the community in Russia with a glance of administrative law.
Meta vikonannya tsієї robotiI believe in the systemic follow-up of the theory of the creation of the administrative-legal status of the citizens of foreign powers, as well as the freedom from the community in Russia on the basis of an analysis of the civil rights of this group of legal regulation.
To reach the delivered robot, the necessary allowance coming days:
1) establish and look at the appointment of "foreign hulk" and "person without hulk", to systematize the hulks of foreign powers by singing signs;
) to analyze the regimes of timchasovogo perebuvannya, timchasovogo residence and permanent residence of the bulk of foreign powers in the Russian Federation;
) give a description of the right-hand man and obov'yazki of a huge man of a foreign power, and find individuals without bulkiness, who live near the territory of the Russian Federation; establish authority against the rights, like the bulk of our country;
) Vivchiti vіdpovіdalnіst hulks of foreign powers, as well as osіb without hromаdyanstvo, rebuffed for the destruction of the law of our land; establish the actual problems of stosuvannya of administrative responsibility to the bulk of foreign powers, as well as without bulkiness.
The main scientific follow-up methods, what wins at this work, є: analysis of literary sources on the topic of research, analysis of legislation, abstract-logical analysis, system-structural, legal-legal, formal-logical and other methods of scientific knowledge.
As a result of this work, it was systematically carried out the study of legal, scientific literature, legislation, and the dignity of the Russian Federation in the sphere of the legal establishment of the osіb іnozemnyh krajn, and navit osіb without community. In addition, great respect was attached to the practice of lawyers-lawyers: D.M. Bahrakh, Maksimov I. V., I.T. Bezpaly, Ivashin A.B. , and in.
Help course work Structurally, it consists of an entry, two divisions, visnovkіv and a list, and a selection of literature.
Chapter I
1.1 The understanding of a foreign hulk is that person without hulkiness
For a trival hour, the hulks from the sovereign powers are accumulating in Russia, so at the same time our country lives more, like the hulks of the foreign powers, and especially without the hulks.
S.S. Borodin is aware that "in everyday language a foreigner is called a person from a foreign country, who, in principle, to the best assertions, simply does not reveal the legal significance of that given understanding Chinne legislature of the Russian Federation to take revenge on one's own deacons who are victorious to characterize quiet people, so as not to lead the enormity of Russia: "foreign hulk", "disguise without gromadyanstvo", as well as often misunderstood "foreigners", "foreigners".
A larger group, which is located on the territory of the Russian Federation, is designated by strict legislation, may have a legal status similar to that of the rest of the world on the basis of the legal status of the citizens of the Russian Federation, which can be distinguished by their special features. Legislation, the dignity of the Russian Federation, is expanding among the masses of the people independently of the social camp, age, nationality and other signs. The basis of the status of the Survey of the ADMINITIVE RIGHT, GUMADOVANS OF THE INTERNET POWERS TO BECOME WORKING THE BASIC AGUM OF NOWS - CONSTITUTIONS, YAKA PERSONS, STRUKSHOE, OSHO GRAYS, ALWAY, ALWAY ACCOUNT ACCESS WITH ROSIYSKIY FEDERY, ALIUM , krim deyakyh vipadkiv.
The chapter of the Constitution, named "Rights and freedoms of a person and a hulk" to take revenge on one's own position, which guarantees the rights and freedoms of a hulk and a hulk, moreover, in a group that belongs to a hulk, also enter the hulk of another state. The Constitution has fixed two groups of osіb, firstly, the bulk of the other country, and in another way, individuals, yakі do not hulk hulkiness, also the basis of the individual, yakі nabuli politik pritulk. Tsej abutment can be taken away like individuals of a foreign power, so are individuals, as if they do not think of enormity.
federal law"About the legal establishment of foreign citizens of the Russian Federation" to tell about those who "foreign citizens" take revenge on their own "a person without enormity" rules and regulations, as established without intermediary for the inhabitants of the other state.
A gromadyan of a foreign power is a physical person, as if not a gromadyan of the Russian Federation and can prove that it confirms the presence of a new hulk, otherwise it seems, peddancy, a foreign power. How can you prove that a passport can be issued for a citizen of a foreign country, or other special important documents, seen in a foreign country
Like individuals without hromadaism, the legislator installs hromadyans, yakі live on the territory of our country, but not hromadyans of the Russian Federation, as well as those individuals, yakі can’t think of any evidence that confirms the dependency to another.
The legislator divides the citizens of the other country into the following categories:
meta perebuvannya in Russia. To such citizens of the other country one can add correspondents and journalists, who are accredited in Russia, either working emigrants, or practitioners of diplomatic and consular establishments, international organizations, as well as other individuals;
term perebuvannya at the Russian Federation. Before such osіb can be seen osіb, yakі or timchasovo perebuvayut, or timchasovo live, or constantly linger on the territory of Russia;
steps of the order of the jurisdiction of Russia. Here you can visit Abo Gromadian, Yaki Majut, Abo not Majut's diplomatic іmunіtom, Abo Vіiskovsky service bobbovsіv vіyskovyiii, Ponmennye Powered, Aboy, Yaki, Beddzyutn, for a contract with Rosіyskiiiiii, Aboy, Yakіzіziyi.
Henceforth, at the same time, from the bulk of Russia, our power was living like the bulk of other powers, and individuals, like bulkiness. Appointed individuals can be like subjects of vіdnosin, are formed in the sphere of administrative law. The legal status of such communities is designated by the basic law of our country - the Constitution, and also adopted on the basis of constitutional principles - the Federal Law "On the legal camp of foreign communities in the Russian Federation", as well as on the basis of other regulatory legal acts that are currently in force. The legislator establishes a difference between the inhabitants of the other country and the inhabitants, so that they may grow up, as they regularly live in the Russian Federation, and try to live at the same time in our country.
1.2 Administrative and legal regime of tim-chasal rehab, tim-chasal residence and permanent residence of foreign communities in the Russian Federation
Timchasovo rebuying in the Russian Federation a foreign citizen - a person who came to Russia with a link with a clear visa, or for the presence of a visa-free order, or with a link with a clear migration card.
VІDPOVYY TO THE OSNAGE TIGHAL RULES OF MUZHOYANI ONSHO DEPORT, A OSHOBERS, YAKI NOT MAYUTI RUMADS RUSSIAN IN THE ROSEMY IN THE CAQUE, NADE ROSІYSKOE FEDERY FOR DOCUMENTS, SHE DIYYUT ON PERIOD VKIZDU І YAKI DIYVIKUE PERSON yak recognizes in danіy like russia. .
ІСнує Кілка Видів віз, и ло проданин Іншой и и и в и и и изданина в и и и и и и изина и и и и и и и и и подение полуги відей имеция a visa recognized for temporary residence, or a special visa. The rest of the visa type can also be subdivided into categories, and at the same time: business, humanitarian, private, for a backyard, tourist or primary or working visa. Whether a visa is issued for a stretch of twenty days, for a wink of weekends, from the moment of annihilation of a huge man of another state.
Migration card, which can be seen as a great power of another country, or in particular, if there is no such thing as a huge, to take revenge on oneself about the її sackmaster, as well as the period of time that is allowed and allowed to change on the territory of the Russian Federal Legislative Council.
Yu.A. Dmitriyiv and її pribіchniki vvazhayut that "for the practice of a foreign citizen, a person without enormity takes a migration card at the checkpoint through the Sovereign cordon of the Russian Federation, or at the train chi litaku, . The migration card is seen only once for entering the Russian Federation, in the migration card it is indicated between the transfers on the territory of our state from the moment of arrival and until the end of the term, it is also indicated the meta arrival to the Russian Federation. Like a document, which is the reason for a distant visa or entry, if a visa is not required, it will be requested for entry into the territory of the Russian Federation. It’s worth it not only the hulks of the other state, but osіb, yakі can’t think of any kind of hulkiness.
Depending on federal legislation, a request to enter the territory of the Russian Federation can be seen either by the Ministry of Foreign Affairs of the Russian Federation or by the Ministry of Internal Affairs of the Russian Federation, or by a territorial authority.
D.P. Zvonenko vvazha, scho "as a suggestion for entry into the territory of the Russian Federation to the citizens of another state, or to persons who do not care about the enormity, they can be:
) the need for security of defense, or the security of the country, or the public order, or the protection of the health of the population;
foreign citizen administrative deportation
2) an hour before the transfer to the Russian Federation, the stench was removed from the borders of the powers at the primus order, or they were deported (for five years after the administrative removal of the deportation);
) the presence of an outstanding or unexplained conviction for a serious or especially serious malice on the territory of the Russian Federation, or beyond the borders;
) not presenting the necessary documents, which are necessary for obtaining a visa for rebuying on the territory of the Russian Federation (until they are submitted), as well as a medical insurance policy;
) there is no evidence that confirms the presence of money on living in Russia;
) made a decision about the ineligibility of living with Russia ".
The period of time for an hourly transfer on the territory of the Russian Federation of a citizen of another state is established by this term, which is assigned to a foreign visa, or another term, transferred by federal legislation, which is on the territory of the Russian Federation. The period of the time of the hour of the hour of the hulks of the other powers, who arrived on the territory of the Russian Federation in accordance with the procedure established by law, which does not require the removal of the visa, cannot be more or less ninety deb. Act Diva Rosіi Mozhey Zb_lshiti Tsey Perigod to 180 DIB, Abo Zameshiti Yoy, Tobto Zagalniy Thermian Podvyannya, for Okrahimih Golubyanian Power Malls, Yakі Timchasovo Disturbing on the territory of our Federal Customs chi subject. This decision can be adopted by the Russian Council with the method of ensuring national security, as well as maintaining the maximum balance of the basic resources of work, taking in the main order the training of the population of the Russian Federation.
Like the bulk of foreign powers, who arrived on the territory of Russia in accordance with the procedure established by law, who didn’t have to accept a visa, they laid down a civil-legal contract for the establishment of a civil-legal agreement for the establishment of any services, the period of the hourly rebuying period in Russia assigned to the agreement, prote for a period of time, which does not exceed one fate, which is calculated from the moment of entry into the territory of Russia of a bulk of a foreign power. Decisions about the continuation of the period of dії may be accepted only by the federal body of victorious power in the sphere of migration, or by the other body, issued on the territory for the month of rebuking a citizen of a foreign state. A sign is placed on the migration card of the ordered citizen. At the end of the world, the term dії vіzi is a huge man of a foreign power, who temporally perebuvaє on the territory of Russia, goiter is evidently up to the dignified legislature of viїhati beyond the borders of Russia.
On the thought of V.Є. Stepenko "timchasovoe perebuvannya bilya Russian Federation zdiisnyuєtsya protyazhny trivial term vihodyachi s allowed timchasovaniya" .
Dozvіl on timchasovoe residing The bіla Russian Federation confirms the right of a citizen of another country to live a singing period in Russia, and the documents will be taken away by a certificate of residence. This allowed a lot of decorations to look at signs in documents that reflect the person of the individual. Tsey let him stretch out three rokiv.
For otrimannya zaznachenogo vische Allowed The Citizen іnozemnoї powers podaє declared to teritorіalnogo UFMS Russie abo to konsulskoї place the Rosіyskoї Federatsії, abo to the diplomatic predstavnitstva Rosіyskoї Federatsії, roztashovanih in derzhavі of residing danogo The Citizen, de protyagom six months at vіdbuvaєtsya decorated zaznachenogo vische Allowed, pіslya chogo zaznacheny document vidaєtsya to the bulk of a foreign power on Timchas's residence of Russia. As a citizen of a foreign country, he travels to Russia without a visa and, on this basis, is known on the territory of Russia, then the time of the hour allowed him to live at the time of the time at the territorial OUFMS at the border of sixty deb from the moment of filing the application, it was established by making the law.
The legislator has given permission to live on time within the borders of the quota, as soon as the Order of the Russian Federation is established, with the help of a large number of people who arrive, and if they allow time to live on time, to be distributed among the subjects of the Russian Federation. And here the situation may be significant in the demographic region of the subject, that the possibility of scaling up the masses of foreign powers is possible. In 2014, a rota quota for a witness was allowed for individuals who do not suffer from the hulk, and also for the hulks of the other country in the time of residence in Russia, 95,880 were allowed.
Note, as it is broken in the document, that zasvіdchuє the person of a huge person of a foreign power, or an individual, as if there is no such thing as a bulk, confirming the right to reside on the territory of Russia Timchasovo until the moment when the permit is taken away. In addition, similar confirmations can be made and special documents, the form of which is established by the legislation of the Russian Federation, which seems to be individuals, as there may not be any bulkiness, as there may not be any documents that will honor the person.
Igulin Інованное доски, и и и и віский и и и и риковіfully before the doser, virtuisage at Timchasov, Maja Rosimi's right to dose to a stay in Rosії, Shaho, Vomadyaninovі Іншої сооды сбова сбова, Yak, not Majki regularly residing in Russia, and to gain the right to the designated categories of citizens to move near the borders of Russia, and to invent a free rank zdijsnyuvat as a viїzd, and into the territory of the Russian Federation.
A view of the residence may be seen by the great man of your country for the presence of the document, which zavіdchuє yogo person, for a period of not 5 years. If this term is merged, then the period of confirmation of residence can be extended for 5 more years for the application of the individual, as it has been filed. The period of the appointed certificate may be extended.
In addition, a citizen of another state, who regularly lives in Russia as a bond, is obliged to send a confirmation of his residence in Russia to the territorial OUFMS for the cost of his residence. The appearance of the citizens of foreign powers, and navit osib, as if it could be some kind of enormity, should be up to the task of fixing and collecting information about the appointments of the hulks, and navit about their displacement, is called migration accounting.
At the thought of D.M. Bachrach "Ti gromadyani іnozemnih powers SSMSC regularly abo timchasovo prozhivayut on teritorії Rosіyskoї Federatsії pіdlyagayut obov'yazkovіy reєstratsії, yak for mіstsem accommodation, so i for mіstsem factuality perebuvannya. Gromadyani іnozemnih powers SSMSC timchasovo perebuvayut on teritorіyu Rosіyskoї Federatsії, pіdlyagayut reєstratsії for mіstsem rebuking."
Crimea is a designated place, as well as a special feature of the border between the territory of the Russian Federation. So, the hulks of foreign powers can fight for the borders of Russia, either for a foreign passport, or for another document that replaces one. Krіm tsyogo, the bulk of the іnshої power is guilty to his mother when he has a visa and in the migration card there may be a note about tse. A migration card is given with the essential documents to be handed over to the landowner, who has a cordon control when passing through such a checkpoint, issued at the sovereign cordon of Russia. Prote, in case of vizddi, zgіdno with dignified legislation, the hulks of the other state, or to persons, if they can’t think of any enormity, they can be installed exchanges, like they’re attacking the offensive, like:
.zatrimanі for pіdozroyu at skoєnі malice or zaluchenі like accusation, so to the end of criminal justice in the order of judicial proceedings or until nabutty virok, brought by the court to legal force;
2.brought to administrative responsibility for the infliction of an administrative offense until the moment when the penalty is imposed, otherwise the person will not be charged in the case of the penalty of the early penalty until the official legislation;
.є such that they are swindled in the face of the goiter of the goiter, as if imposed by the court until the moment when the goiter is given the goiter, otherwise the parties will not reach the stage of substantiating the dignified legislation;
.є we will sue the scourge of the malice, transferred by the Special Part of the Criminal Code of the Russian Federation, the white of Russia is left with the term punishment. or until the moment, if bude zvіlneno vіd vykonannya punishment, recognized by the court vіdpovіdno to dignified legislation;
.do not vykonu before the filing of tax laws, chinny bill of the Russian Federation, goiter from paying tax collections until the hour when the goiter's yazannya is nothing to chіkuvati vikonanі vіdpovіdno to chinny legislation.
Підсумовычичичичие мужная и и и ломоль сорма номи изова ина ковіна провіва соодова сованицації и и соова свенає Стірника мудани Інель и и и сасіба сіба с икі и и и и и и и и и й и и и и і і і navit їх transfers є storage element to the regime of foreign communities, as well as the establishment by legislation of the order, scho s fialnistyu organіv structures of state power, chi organіzatsіy, chi hromada chi posadov osіb, і navіt hromadyan Russian Federation.
1.3 Fundamental rights, freedoms and obligations of foreign citizens and especially without community in the Russian Federation
The legislator has been given the opportunity for the citizens of foreign powers to realize their rights and freedoms, fixed on the constitutional level. Possibility of such implementation may lie in the peculiarity of the regime of transferring the appointed citizens on the territory of Russia.
In addition, the legislator transferred the song about the difference between the status of citizens of foreign powers from the point of view of administrative law, compared with the citizens of the Russian Federation. The legislator introduces before such limits:
.The right to freedom of exchange. Hulks of a foreign power have the right to change their minds freely for the obviousness of a special chi business territory of the Russian Federation, the crime of being able to see whether or not the territory, chi organizations, chi ob'єkti, where it is possible to have a special dose of penetration. Gulgarian Іnozhemno, I am in Rosіya, I don't have any rights for your Bazhennia Mіnyati Mіsza, a member of Rosіyskii, de Miscean, Dozvіl Bethi Timchasovo, and Torzvіl Bethi Timchasovo, and Torzvіl Bethi Timchasovo, and Torzor Not Mag Russia.
2.The establishment of foreign hulks to the right of choice. Citizens of other powers do not have the right to choose and buti embrace the bodies of the structure of state power on the federal level, chi subjects in Russia, and have no right to take part in the held ball of the Russian Federation referendum, and navit referendums, yakkіkt at the borders.
Prote legislature predbacheno, scho hulks of foreign powers, as regularly residing on the territory of Russia in the order established by legislation, may have the right to vote and be liberated to organs of self-regulation on the local level, or take part in the referendum, which is held on the local level. And in this case, as a basis for the assignment of rights, the mother is responsible for the international agreement, the settlements between Russia and the power, whose gromadyanin chi piddanim є appointments gromadyanin. Basically, before such powers lie powers colossal SRSR.
.Freedom to work. Gromadyani іnozemnoї powers toil right rozporyadzhatisya nayavnimi them zdіbnostyami to pratsі and takozh vіlno zdіysnyuvati vibіr of chi іnshogo mind dіyalnostі, abo vibirati profesіyu, krіm of vpravі vіlno vikoristovuvati nayavnі they zdіbnostі that nayavne Main, for zdіysnennya pіdpriєmnitstva, abo іnshogo mind dіyalnostі , yak not fenced by the legislator, with an eye on the actual exchange, peredbachenі by law. In addition, a citizen of a foreign power may have the right to apply for a new special permit to work. Dozvіl on robot - Tse document yaky decorations nalezhnim rank i ofіtsіyno, vіn ushkodzhuє entitled The Citizen іnshoї powers on provadzhennya in Russie tієї chi іnshoї dіyalnostі abo entitled The Citizen іnozemnoї powers, yaky zareєstrovany vіdpovіdno to sedate zakonodavstva Ukraine, yak іndivіdualny pіdpriєmets for zdіysnennya dіyalnostі spherical pіdpriєmnitstva , for the singing period of the hour.
Prote hulks of a foreign power also do not have the right to believe that the hulks of the Russian Federation rely on the basic law of our state. To such a robbery can be found at the warehouse of the vessel, Yak Floa, Pіd Podporus Rosіni, and Torzor Navigari Avіtzіi Aboy Aboy on the Munіzpalnіyi Services, ABOUT MUNIPALLNIY SERVICE po'yazana іz zapezapechennyam speka Rosії buti a member of the military ship of the іnshoy ship operated in non-commercial purposes of the vessel, and navіt a lethal apparatus of national aviation, і navіt zdіysnyuvati іnshу іyalnіst, through yakі, іstvom uzhenyazhenstvo. The robot supplier has the right to work hard to get the implementation of labor activity only for the bulk of the foreign powers, as if special work could be done. A gromadyan, who lives in Timchasovo as a gromadyan of a foreign power, cannot zdiyasnyuvaty outside the borders of that subject, de Yomu is allowed to live in Timchasovo.
.The right to the sovereign and municipal service. As a matter of law, a citizen of a foreign power does not have the right to work in public service, and also cannot be a spokesman for the prosecutor's office, OVS, FPS, DFS, DNA, UII and UIS, as well as other bodies.
5.Remembrance of foreign citizens to military service. PECOLLAGE PRESENTS, SHO GRUZDANY ІNSHO DEPORT NOT MAYUTING THE RIGHTS CHILL FOR A TAKE OF VIYSKOVOE ARBA SERVICES ALTERNATIVE CIVITINGY SERVICES, ALA STIPUME, SHO WONY CONSTRUCTION TO CONTRACT SHEVE SCHOOL CONTRACT IN THE VIYSKOVY POSADAKH, YAKI PІDLAGAYUTINY . RF, other military, military moldings and organs.
In addition, the bulk of a foreign power is free to transfer and die on the territory of the Russian Federation of constitutional principles may have the right to compete with the rights of a parity with the bulk of Russia and carry the equal world of shoes. Prior to such obov'yazkіv, the legislator introduces the payment of taxes and fees of a different nature, transferred by the law of the Russian Federation, and also dovkilla, and remember to take care of the reminders of the history of culture, respect and cherish legislation, the dignity of the Russian Federation, do not make any clashes like the bulk of Russia, but the Russian Federation zahal. In addition, the hulks of other powers, and individuals who do not think of any kind of hulkiness, are responsible for insuring their health for a complex of obligatory medical insurance, as if transferring taxes to them. medical assistance including medical and transport services.
Also, the legislator transferred and special bindings for the bulk of foreign powers from Russia, and herself:
.stay out of the territory of the Russian Federation for a period of 3 days, as the term of residence of a designated hulk in Russia is short-lived; upon arrival from Russia, the citizen of the goiter must issue a migration card at the checkpoint through the derzhkordon of Russia;
2.protyag 3 working days for registration in the territorial authority of the federal authority of the state in the field of migration for the transfer of the transfer;
.timchasovo chi postiyno like in Russia the bulk of foreign powers to re-register in the territorial OUFMS for a place of residence;
.viїhati from the territory of Russia with a protyazh of the fifteenth term, yakscho allowed for a time of residence or allowed for an anulovaniya residence.
In this way, the status of the inhabitants of foreign powers is abo osib, yakі does not think whether there is any kind of hulkness from the point of view of administrative law, є a complex of rights that they possess and obov'yazkіv, yakі peredbachenі chinim on the territory of the Russian Federation by legislation, and, therefore, guaranties. Zondani Mauddani Majut Rights, and IS TAGNESS VINIVOK OBOVNIKOVYY TO GENERNIKI ROSІІV, NIPADKI VINUDKIV, ABOUT ABOUT ABOUT THE VINIMA, ABO, ABOUT ARBINY AGREEMENT, YAKI SHELEMY MІZH ROSІYSKOE FEDERY TU MERSEMY, CHIMUM TRAYNY Russian foreign citizen.
Rozdil II. Characteristics of the administrative capacity of foreign communities and especially without community
2.1 The essence of administrative removal and deportation of foreign communities and especially without community
A special place at the complex of entrances for the zastosuvannya of an administrative primus primus is an administrative liability, as one of the types of legal liability, advancing in the wake of the nevikonnannya chi nezalezhnoy vykonannya vos'yazkіv.
Vіdpovіdno to sedate zakonodavstva vstanovleno scho gromadyani іnozemnih powers SSMSC seized of protipravne dіyannya, abo admіnіstrativne abo Lots Other pravoporushennya on teritorії Russie, povinnі Buti prityagnutі to vіdpovіdalnostі of chi іnshogo mind on zagalnih pіdstavah vіdpovіdno to sedate zakonodavstva so self yak i gromadyani Rosіyskoї Federatsії. Federation. What should be destroyed by the hulks of foreign powers as individuals, as if they might be some kind of gromdom, the regime of rebuking the Russian Federation is now administratively viable, then you should come to the administrative character different mind, a retelling of some transfers made for a given hour by the Code of Administrative Law Enforcement. So you can come in either in front of a warning, or a fine, or a confiscation of a convoy, as well as objects of administrative law damage, or an administrative view. In addition, the administrative duty is transferred not only for the citizens of Russia, but for the citizens of the other state, or else, if you don’t think of any kind of enormity, which are being transferred to the territory of the Russian Federation But the legislator has transferred for osіb, yakі does not think of any kind of enormity, and also for osіb, є hulks іnshої powers sevnu specialty at the status of the administrative law, that’s a special world punishment, for yakі dlyayutsya only zaznachenіgrom given the world's punishment, they can't. Tsya of the world is called the legislator of administrative courts.
Administrative vidvorennya For interiite territory of Rosіyskoji of the Federal Magnias, Yakі є Maddanami Aboy ідданими іншоїнi, and Torzov Osіb, Yakі do not Majut, Powcompaniy, Poleyads in the controlled change in the interi territory of Rosii through Derzchskordon Tsієї Drying ABOs primus and wear a primus character.
Puberian-right-handed SNITSInd from the right of such OSIB to explain Tim, Shah Bethi's osnіstivna vs. Bethi, Zobo-Zobov, Tobto Zdіysnuyu, Plotchu, the Nad_lenim, Hingerie, is a renderer of the Code of ADMINSІSTATIVNI. As such a subject can be a townsperson, or a sovereign body.
I.V. Maksimov vvazha, that "as if it were an administrative punishment, an administrative punishment may have a special character, then it could be only a few individuals, as if it were an administrative offense that was committed by the administrative authorities.
The legislator forwarded the administrative attendance of the hulks of a foreign power, or else, as if they could not think of any hulkiness, in such situations:
.zdіysnennya labor duties of Russia without a special permit;
2.violation of the rules of the crossing of the state cordon of Russia, either by persons, or by means of transport, or by violation of the order of directing from the state cordon of Russia to the checkpoint through the state cordon of Russia and at the turnaround;
.violation of the rules for entry into the territory of Russia, or violation of the regime of residence or relocation in Russia;
.otherwise see damage, transferred by administrative legislation.
A.S. DUGENTING TOTRYMUM DUMKI, SHO "ADMINSІNISTENSNA VORORENNYY GRUDUNYANINS Іншень їдение замерії сеторії сойсноский и и масть бехуной застіва сооснененный тілувованованосность expenses of the federal budget.
Tі koshti, yakі vіdіlyayutsya from the federal budget to come in, scho carried out according to the court, owe buti vytrachenі for the purchase of documents, scho give the right to travel, and also to immanny such a person of that moment, until the decision about the administrative vіdvorennya, as well as others documents, yakі nebhіdno issue for zdіysnennya tsgogo entry of administrative nature, then.
The main method of seeing is the actual delivery of an individual, as if there were no bulkiness, but a bulky man of another state beyond the territory of Russia. Ale, krіm vidvorennya, for this individual, a moratorium will be imposed on the offensive entry into the territory of our state for a stretch of the coming 5 years, regardless of whether the person can get to the Russian Federation on legal bases, or illegally. In addition, you will have the opportunity to take away the enormity of the Russian Federation, or to live on the territory of Russia, be it any kind under the responsibility.
Having looked around at the current ship practice, it is fashionable to make visnovoks, so that the appearance of the territory of the Russian Federation does not occur at times, as if it were a change for one to lead a peaceful statehood, or to lead a peaceful family life in the borders of the Russian Federation. Otzhe, the hulk of a foreign power, as if practicing on legal bases on the territory of Russia, I will not threaten the administrative court, as if there would be a way of dressing with a special one, like a hulk of Russia. Court practice has been appointed since 2005, if at the hour of the court session evidence was obtained, including the evidence of the squad. At the resolutive part, the court ruled that the dismissal of the administrative punishment at the sight of the court outside the territory of the Russian Federation is up to paragraph 3 of article 7 of the Federal Law "On the legal camp of foreign communities in the Russian Federation"
the impossibility of otrimanna K. allowed to live in the Russian Federation for five years. Also, it does not exclude the serious violation of the right of the applicants to the honor of their family life (about what the stench can be heard from the scargs, filed before the Supreme Court of the Russian Federation).
A similar visnovok was cut at the decision of the Supreme Court on the 1st leaf fall, 2010. N 53-AD10-5. When tsimu court standing on the bik of a law-breaker. In fact, ships from the bulk of the Russian Federation are taken by courts as a help to the situation. On top of that, thanks to the pompous furnishing, the presence of children - the citizens of the Russian Federation. The decision was taken by the Supreme Court of the Russian Federation on 28.07.2010. N 2-AD10-4. At the decision of the court, it was appointed that, by virtue of paragraph 4 of Article 12 of the Federal Law "On Bizhentsiv" Timchasov, that was taken away.
A person's porch cannot be turned against her will to the territory of the state of her own civil authority (of her own great place of residence).
Prote y directly opposite court practice. So, at the Decree of the Supreme Court on February 17, 2011. N 11-AD11-1 the court didslіdzhuvav obstavini, vidpovidno to some daily data about the creation of the family with the method of living with the retinue itself in the Russian Federation. Otzhe, speak about the destruction of the right to family life, substantiating it. That is why the decision about the court order is right.
In such a rank, as a help to the court, the presence of a person and a squad, like the citizens of the Russian Federation, as well as the presence of minor children or the status of a refugee, will be arranged by the court. It will not help the suspense of this situation, or the fact about the place of residence, or the rebirth of oneself in Russia, or the manifestation of a repeated violation of the civil legislation on the territory of the Russian Federation.
Rishennia Mozhe Bethoi Mozhetnivna Mozhetnya, and Yakscho Muddyanin Іnschoi, and Yakscho Maddhanyan, Yakoi Daughty Aboy, Yaka, not Maja, I didn't have the right-to-refinery at V'jlavi to the territory of Rosіya, he was confrontated by the Codeck about the administrative Relupportan vlady, yakі nadіlenі spetіlіmіmnymi povnovazhennyami, so they can lie spіvrobіtniki prikordonnih organіv.
ADMINSІNSTATIVE VORORENNE TROUHY SHOWN TO MIRU OF PRIMUSU VISLADY DEPORTATSIA, YAKA TAKHOVA MODUE BETI SHOULDS TO GUYADOVA ONSHO DRY DRYS ABOUT OSISB, YAKI NOT MAYUTI BADE ABOUT MUCH OSIS, FOR FINISHIRATS OF POST ABOUT ABOUT PRIPENNYY PІDSHA .
Apparently to the point of A.S. Luk'yanov, "deportation is not a kind of administrative punishment, as if it were stoked to the hulks of the other state, or osіb, yakі could not be any kind of bulkiness. other citizens". In order to stop the deportation of any hulk of another state, or of an individual, if there is no hulk, the presence of the fact of law enforcement is not necessary and does not enter into the obov'yazkovy order. Vidpovidno to the slanderous rule, as a substantiation for deportation, the very fact of rebuking a hulk of another state, or an individual, is not possible, on the territory of a state, as a threat not only to other people, but to prosperity. Without a midday morning under a bar for a huge man of a foreign power, you can be more stagnant in front of the escort under the convoy, which will accompany him to the cordon of the Russian Federation. Deportation zdіysnyuєtsya at suvorіy vіdpovіdnostі up to dignified legislation and dotrimannya all rules. Deportation may be delayed if:
annulled allowed to live at the same time, or allowed to live by that bulky man of another country without staying for fifteen days;
VIL-infection was revealed;
the term of residence or a time-long exchange for a huge man of a foreign power was short-lived and did not move beyond the interterritory of Russia for a stretch of three days;
godmadyanin ііменно ї і ї ї ї іімів им'ї ї ї ї ї ї имівнянный відмуна вотовина відомення по замнанна вованся карпотнянненнянна прату біжена сбованнянна прутся петута Абота сбованна собратова кимучеся утутультультультуле Some Quirmanny Vіdmovi on Skargu і not ma's innovy pіdtska vіdpovyky to a genital legislative, for a deployment on the Territory of the Russian Federation, and the Timchovaya Status of the Timacham Saving the Status of the Timplea Zlochechina zlochein on the territory of Rosіnya - Pisli Vіdbuttya were transferred by international treaties, laid down with the participation of Russia;
for a citizen of another state, a decision was made about the negligence of residing in Russia, and in subjects.
Perelіchenі vische vipadki give mozhlivіst pozbaviti rights gromadyan abo osіb іnshoї powers, SSMSC not toil whether yakogo gromadyanstva through dopuschenі them pravoporushennya for vchinennya yakih peredbachena admіnіstrativna vіdpovіdalnіst, SSMSC not Yea kategorіyami admіnіstrativnogo retribution, protyagom 5 rokіv zvertatisya for otrimannyam permitted to v'їzd . on the territory of Russia.
Otzhe, Russia, if you see the population of the hulks of the other state, then you will realize the sovereignty of the sovereignty, and also give you the opportunity to secure a stable law and order. Administrativne Vidvorennia є even grave punishments, transferred by the Code of Administrative Law Enforcement, medium to small similar punishments. It can be compared for the best characteristics with punishments, transferred by the Criminal Code of the Russian Federation. It is confirmed by the form of this zdіysnennya, the hourly interval of the carnal inflow, the singing vitrates on the yogo vikonnannya. On Vіdmіn Vіd ADMINSІNSTATIVE VORUMENNY, DEPORTATSIY PESERBACH ORBACH ORBINE ABOUT ABOUT ABOUT ABOUT ABOUT ABOUT ABOUT ABOUT DEPORTED AT THE TERITIR OF SUMITIA ROSІІS, ABO ARITORІ ROSІNA IN CIME, TO ISHRA POWERS, SHO ZDIYSNEYSN.
2.2 Spivvіdnenja adminіstrаtivny vydvorennya аnd deportії інozemіn hulks і osіb without hromаdyanstva: Equal characteristic
In this manner, one can say that characteristic rice for deportation є:
how the subjects can act less than the hulks of the other powers chi individuals, yak may be any kind of enormity;
won - a type of administrative punishment;
peace primus from the side of the state, straightened out the separation of the rights and freedoms of the citizens of the other state, and instill osib, as if they could be any kind of enormity in Russia;
zdіysnyuєtsya only vіdpovіdno up to the decision taken by the competent authority to rule vlady and schodo people of a foreign power, or osіb, yakі do not think of any kind of enormity;
you can stand as a spoof of the rightful, and the wrongful act, as you can turn around like the act, and in the absence of action.
At the discretion of the deportation, the administrative appearance may have special features, to which you can add:
how the subjects can act less than the hulks of the other powers chi individuals, yak may be any kind of enormity;
cannot be stoked to the hulks of our country, like military servicemen;
є the world of the administrative primus, directing the exchange of rights and freedoms of the citizens of the other state chi osib, like they may be-such a bulkiness;
decisions about administrative decisions can only be made unilaterally. Decree about the court to be blamed without delay with the state, a huge man, like a person, you can only think about it;
administrative vigilance outside the interterritory of Russia, the bulk of the people of the other state, or else, if you can’t think of any community being charged for committing law enforcement, for committing such an administrative offense;
Vikonannya decision about the administrative transfer of transfer or control over the visa, which is set for the account of the cost of a physical (legal) individual, as it appears, or requested, or the primus move through the derzhkordon for the interterritory of Russia.
Don’t be surprised by the similarity of the meanings to understand, A.S. Luk'yanov vvazha, scho
"the stench may be a little bit of suttєvih vіdmіnnosti, pov'yazanih behind the normative legal basis of zastosuvannya, behind the subject warehouse, bodies that take decisions by those bodies, on which such a decision is laid".
Іsnuє Dumka, scho deportation - tse view admіnіstrativnoї vіdpovіdalnostі against tse wrong oskіlki nepravomіrna povedіnka not Mauger Buti pіdstavoyu for deportatsії and takozh Won is not included to the complex retribution, peredbachenih Code about admіnіstrativnі pravoporushennya Rosіyskoї Federatsії and takozh rіshennya about deportatsіyu Mauger priynyati Only the OUFMS of Russia, but deportation is one of the methods in the system of state administration in the sphere of migration from the point of view of administrative law.
At the skin time, looked at by us, come in an administrative primus can be spivvіdnesenі among themselves for equal їх zastosuvannya. Legislation prescribes the possibility of deportation, including the possibility of voluntary deprivation of the territory of Russia on the term designated by the legislator, which is the warehouse of administrative law enforcement, referred to by Article 18.8 of the Code of Administrative Offenses of the Russian Federation, as it is established as an administrative species. This situation allows us to judge the nature of the interrelationship of these primus visits like a mind, which develops heritage. And in this way, deportation is subject to administrative courts, which are the world of administrative punishment.
Deportation of I, i admіnіstrativne vidvorennya Je not єdinim zasobom realіzatsії mіgratsіynoї polіtiki Rosіyskoї Federatsії against їh zastosuvannya Je dosit Suvorov taps on vіdnoshennyu to іnozemnih gromadyan that osіb without gromadyanstva in zv'yazku s tim, scho sprichinyayut nespriyatlivі naslіdki in viglyadі obmezhennya away v'їzdu to the Russian Federation. The federation with a trivial term is 5 years, and it can also be tied to short-hour exchanges of special freedom and freedom to change for the hour of the night. In connection with this, there is a great administrative role for the formation of a rightful rightful behavior of the subjects - foreign citizens, and even without the community.
The main problem of the current administrative viability lies in assessing the effectiveness of the entrances. Rozmіr effektivnostі ієї chi іnshої mind it's too early to lie down in the іt of the correct recognition of yogo zavdanі і mіryаєєї їх reach. The manager punished the rewired individual, yak charged an administrative offense, for which an administrative offense was committed, privately that blatant violation of the right (private that zagalna prevention). To that we will understand that punishment is necessary in order to change the subject of administrative law enforcement in the soul of povagi to the orderly legislation and the orderly legal order, with the method of zapobigannya new administrative law violations not only by the law enforcement officer himself, but by the law enforcement officer. The power also may have the right to secure itself in the name of a foreign power, or an individual, if it cannot be such a bulkiness, as to become a threat to the established law and order, without checking, until that new violation of the law is done, for the initiation of which it is transferred to the administrator primed, as normative, and factual.
If you want to, obviously, it is important to admit that the administrative appearance of a foreign hulk is re-wired, that is. form in a new way to the Russian legal order. Aje not like a lot of foreign citizens-illegals live in Russia for a few years and do not hasten to look for її mezhі navіt under the fear of stosuvannya to them administrative vidvorennya.
Administrative punishment is not guilty of reinvestigating the punishment. Kara is a daily characteristic of punishment, but there may be the final result of yoga zastosuvannya. At such a time, punishment is recognized for the sake of oneself, without being any kind of action. The main task of the bodies of administrative jurisdiction will be the identification of a law-breaker and the attraction of him to the point of conviction.
In this rank, you can sprobit vysnovok about the single day of the category "administrative leave" and "deportation". As a result of the stosuvannya tsikh zakhodіv may be the relocation of a foreign hulk or an individual without hulkiness abroad of the Russian Federation, but before that he knew his own in the Code of Administrative Offenses of the Russian Federation, and the deportation is less likely to be determined by federal laws, which are zdіysnyuєєsі by the court order, nya
Visnovok
Composite links that blame between the power and the individual, that mutually people are fixed one by one by the power in a legal form - in the form of rights, freedoms and obov'yazkiv, which establish the legal status of a person and a bulk.
On the territory of the Russian Federation, the Crimean people of Russia, who form the largest population, live permanently, or there are individuals who do not feel the enormity of the Russian Federation, so they are called "foreigners". The term "inozemtsі" in the literature is most often used as a choice of understanding for the identification of two categories of people: foreign communities and communities without community.
The situation, if a physical person becomes special without enormity, can be blamed for impersonal reasons. For example, the person was inspired by her enormity, hoping to get the enormity of the other state, but in the new enormity you were encouraged. Abo vіdmova vіd vіd vіd vіd vіd vіdnostіv na korruzhnosti іnshо vіdkogo hulkіnstіv іn friendly, but after the rozіrvannya shlyub new hulkіnstvo spent. Whether it’s a kind of vipadka, the camp of an individual, as if there’s no bulkiness, but obviously, if it’s allowed to help, that encouragement from the side of the state, it seems summative.
The moment of vindication of the administrative-legal status of foreign citizens and especially without community is marked by the moment of entry into the territory RF . However, the moment of such a vindication can be changed depending on the order in which it is put into the Russian territory.
For example, in times, as due to the interests of the Russian Federation, for entry into the territory of the Russian Federation, it is necessary to withdraw a visa, then the administrative and legal status of a foreign citizen and an individual without bulkiness is blamed when sent to the competent authority of the Russian Federation for the withdrawal of a visa. Vidpovidno, between the cim organ and the foreign hulk, in fact, administrative vodnosine, which are pronounced, zokrema, in the bindings of the foreign hulk, to file a tax obligation of information, for the need to pass medical look and interviews with representatives of the competent authority of the Russian Federation. At my own discretion, I may have the right to review the submitted documents and for the first time, I need to advise you of the visa and, obviously, the opportunity to travel to the Russian Federation.
In that case, as if on the basis of international interests in the entry of a foreign citizen to the Russian Federation, the administrative and legal status of such a citizen is blamed for crossing the cordon of the Russian Federation.
The administrative-legal status of foreign citizens and osib without community is involved at the time of their departure from the Russian Federation. However, in the case of rich behaviors of a foreign hulk, an individual without bulkiness between the Russian Federation does not gravitate to a new administrative and legal status of the Russian territory.
To report on the regulation of the order of entry into the Russian Federation and the exit from the Russian Federation of foreign citizens and especially without community. Tim hourly, it is necessary to thoroughly restore the system in the form of a similar category of osib, as a means of defending the security of the constitutional order of the Russian Federation, so that the method of preventing the destruction of the rights of the municipal authorities by the landlords of the osib, yakі not
The key provisions of the rozumіnі administrative-legal status of foreign hromаdyans and osіb without hromаdyanstva є those scho tsі individuals are rooted in the Russian Federation by rights and carry obov'yazki parіvnі z її hulks, krim vipadkіv, established by federal law or by an international treaty of the Russian Federation. On this fundamental provision of the Constitution of the Russian Federation is based the entire regulatory and legal basis of the administrative and legal status of foreign communities and communities without community, which is formed from low federal laws
Communion of the ADMINSІNSTATIVE-legal status of the Iznadnikh Vysadyan Tu Osisb without a fumes for the casting rule of feeding the status of Rosiysky Gromadyan, Ale z loravayvnya Low Vinyatkіv., Tobto ADMINSІNSTIC-RUSSIAN STATUS OF THE INTERMINE MUDNYA TA OSISB WITHOUT MASTENSIONS, THAT THE SAME Yak І Zagalniy Status, PRIIAN . However, at the same time, the administrative and legal status of foreign communities and even without communities through special provisions of legislation can be especially compared with the administrative and legal status of Russian communities.
Usі іnozemnі vіdnosіnі іn the hour of the їkhnyy perebuvannya іn the Russian Federation enter into administrative-legal relations wіth the organs of vikonаvchoї vlady іn raznih spheres. Regulating in relation to foreign hulks, the state does not lose sight of their rights and obligations, but, for us, it will ensure the implementation and defense of their legal status for additional guarantees, so that you know what is necessary for the establishment of a factual earthly process .
Foreign hulks and individuals without the hulks of goiter dorimuvatisya dignified legislation independently in the form of submissions and lines of their perebuvannya on the Russian territory. From this position, the rule is strong about the splnu with the Russian hromadyans in vidpovіdalnі for skoєnnya pravoprushen, zokrema administrative.
The deyakі dії, recognized by the Russian Federation by administrative law enforcement officers, can be considered only by foreign hulks and persons without hulkiness (for example, disrupted by the regime of rebuking and living). For violating the law (immіgration rules) only to foreign citizens and even without community zastosovuyutsya so come in to the administrative primus, like deportation, which is zastosovuєtsya by the bodies of internal justice and migration service, and administratively vidvorennya under the inter-Russian Federation).
However, zaluchennya іnozemnih hulks and osіb without hulkiness to administrative vіdpovіdalnosti and regulation of administrative punishment, scho zastosovuyutsya to tsikh osіb, for a given hour є okremoyu problem. In this sphere, there are also clear gaps and collisions in legislation. Zokrema, the legislator should carry out a more clear delimitation between administrative courts as a kind of punishment for squeezing administrative offenses and deportation as a peace of the sovereign primus. Possibly, there will be more than one variant, expanding the yogo diyu more and more widely.
In this way, the institution of the administrative-legal status of foreign citizens and osib without community has a legal significance, it is necessary for the development of that support of a normal power, including the authority of a legal power in the international arena.
bibliographic list
1. Regulatory acts
The Constitution of the Russian Federation (adopted by a popular vote on 12.12.1993) (with amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation in 30.12.2008 r. No. 6-FKZ, in 30.12.2008 No. 7-FKZ) // "" , 2009. No. 4.
Code of the Russian Federation on Administrative Law Violations as of December 30, 2001 N 195-FZ (as amended on November 2, 2013, N 305-FZ) // " Russian newspaper", N 256, 12/31/2001, "Parliamentary newspaper", N 2-5, 01/05/2002, "Selection of the legislation of the Russian Federation", 01/07/2002, N 1
Federal Law of the Russian Federation dated January 31, 2002 N 62-FZ "On the community of the Russian Federation" (as amended on 02.11.2013 N 299-FZ) // "Choose the legislation of the Russian Federation", 03.06.2002, N 22
Federal Law of the Russian Federation dated April 25, 2002 N 115-FZ "On the legal camp of foreign citizens in the Russian Federation" (as amended by Vid 23.07.2013 N 224-FZ) // "Selection of the legislation of the Russian Federation", 07.29.2002, N 30
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Decree of the Order of the Russian Federation on December 9, 2003 N 335 "On the confirmation of the regulation on the establishment of visa forms, the order of the minds and the design of the form, the continuation of the term її dії, the confirmation of її at the time of spending, and also on the 05.0d" 2011 N 732) // "Select the legislation of the Russian Federation", 06/16/2003, N 24
Decree of the Order of the Russian Federation dated July 11, 2002 N 754 "On the confirmation of the transfer of territories, organizations and objects, a special permit is required for entry to foreign communities" // "Choose the Legislation of the Russian Federation", 10/14/2002, N 14
Decree to the Order of the Russian Federation on the 1st leaf fall, 2002 N 789 "On the confirmation of the regulation on the guardian to foreign residents and persons without the bulk of the people are allowed to live in Timchas" (ed. On 23.09.2008) // "Selection of the legislation of the Russian Federation", 11.11.2002, N 45
Decree of the Council of the Russian Federation dated 11 July 2002 N 755 "About the confirmation of the transfer of objects and organizations, in the same way foreign communities do not have the right to be accepted for work" (ed. Від 04.02.2011) // "Choose the legislation of the Russian Federation", 14.10. 2002, No. 41
Order of the Order of the Russian Federation dated 19.11.2012 N 2127-r "On the establishment of quotas for the visitor to foreign citizens and persons without enormity allowed to live in the Russian Federation for 2013" / / UPS Consultant Plus.
Materials of ship practice
Decree of the Supreme Court of the Russian Federation dated December 7, 2005 at reference N 86-ad05-2 about administrative law enforcement // UPS Consultant Plus.
Decree of the Supreme Court of the Russian Federation dated April 28, 2010 at reference N 2-AD10-4 about administrative law enforcement // UPS Consultant Plus.
Decree of the Supreme Court of the Russian Federation dated February 17, 2011 at reference N 11-AD11-1 about administrative law enforcement // UPS Consultant Plus.
Science and special primary literature.
Administrative law. Lecture notes / Makareiko N. V. 5th view., Rev. that dod. - M.: Vishcha osvita, 2009. - 189 p.
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Administrative punishment. Maksimov I.V. – M.: Norma, 2009. – 464 p.
Bezpaly, I.T., Polyansky, V.V. The Sovereign Law of the Russian Federation: chief assistant; 3rd ed., revised. // I.T. Bezpaly, V.V. Polyansky. - Samara: View of "Samara University", 2008. - 539 p.
Borodin S.S., Gromiko S.S. Administrative law. Zagalna that Particular Part: a course of lectures. - GUAP. SPb., 2007. - 432 p.
Dmitriev Yu.A., Polyansky I.A., Trofimov E.V. Administrative law of the Russian Federation: A handbook for legal officials. - System GARANT, 2008. - 714 p.
Dzvonenko D.P., Malumov O.Yu., Malumov G.Yu.M. Administrative law. Pdruchnik - Yustitsinform, 2007. - 416 p.
Sokolov I.A. constitutional law Russian Federation: Chief help. – M.: MDІU, 2010. – 260 p.
Articles for a periodic friend
Stepenko V.Є., Stepenko O.V., Chernova O.O. The essence of the administrative-legal regime of the transfer of foreign citizens and without community on the territory of the Russian Federation // International Public and Private Law. - 2006. - No. 1. - P. 192-199
Ivashin A.B. Administrative vidvorennya chi deportation of a foreign citizen and an individual without community / O.B. Ivashin // Tourism: law and economics, 2008. - No. 3. - P.11-15
Legislation in the sphere of migration: problems and prospects L.V. Andrichenko, L.M. Vasiliev. - "Journal of Russian Law", N 1, 2006
Administrative review and deportation in the system of administrative and legal methods in the migration policy of Russia / Luk'yanov A.S. - "Russian Justice" No. 4, 2009.
Dugenets O.S. Problems of sustenance of administrative capacity to foreign communities and especially without community / Russian investigator. - M: Lawyer, 2007, No. 18. - S.22-24
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