Deportation at the expense of the state. Expulsion and deportation. legal assistance

Expulsion and deportation: the differences between these universal terms are very poorly understood. For example, the second concept often means the phenomenon when a citizen does not want to leave the country on his own in cases provided for by law. Although in fact the term is used in some regulations to refer to the forced expulsion of a foreigner from the territory of the state. You can study the institution of deportation in the Federal Laws “On Refugees”, “On the Procedure for Departing from the Russian Federation ...”, “On legal status foreign persons in the Russian Federation. It is described there as the removal of a person from Russia if there are serious grounds that exclude further stay in the country.

Distinctive features of expulsion and deportation

A more precise analysis of the terms "expulsion" and "deportation" allows us to understand what difference lies in their definitions.

Expulsion is an administrative punishment. It is appointed on the basis of a decision in the case of an offense. Its removal is possible only after consideration of the composition of the violation. carried out with full proof of the foreigner's guilt in the commission of a particular illegal act. In turn, deportation is a measure of coercion by the state. The decision may be made by a representative of the executive authority in the field of migration in relation to a person who did not leave the country on time. To do this, it is necessary to prove that the continued presence of a person on the territory of Russia has become illegal or carries a potential danger. The difference is also that the actions of a foreigner are not considered an offense.

Administrative expulsion is executed only after the entry into force of the decision. The deportation must take place no later than five days after the delivery of the decision. When canceling a residence permit, departure must be carried out within fifteen days.
There are also different deadlines for filing an appeal. When a citizen receives a decision on deportation, a foreign person is given the opportunity to appeal against it within three months after notification. A complaint regarding expulsion shall be made within ten days from the date of delivery of the decision. If the deadline is missed, there is the possibility of filing a supervisory appeal.
The grounds for cancellation by the judicial authority are also not the same. So, administrative expulsion is canceled in one of three cases:

the statute of limitations for this offense has expired;
the composition of the act or omission has not been proven;
there are serious procedural violations in the course of the consideration of the case, which prevented the observance of the procedure.

Deportation is canceled in a judicial proceeding under the confluence of several circumstances at once. The decision must simultaneously not comply with the current legislation of the country, and violate civil, political and other human rights.

In addition, the deportation occurs at the expense of the federal budget, if the inviting person has not been determined. Expulsion also provides for travel with the money of the deportee, the institution, organization or representative office that invited him.

Restriction on entry into the country

The federal law "On the procedure for leaving the Russian Federation" (Article 27) provides for a ban on visiting the country for five years after expulsion.

But the deportation does not entail any consequences in the legal sphere. The only exception is the refusal to voluntarily leave. In this case, violation of the regime of stay is sufficient grounds for bringing to administrative responsibility.

Expulsion is a measure of state coercion, which should oblige to comply with the laws of the country. But besides this, there is another goal - to carry out the prevention of crime in the field of administrative offenses. In addition to forced departure, the legislation also provides for a restriction on crossing state border RF. The ban is in effect for five years.

Deportation refers to the process of removal foreign citizen from the Russian Federation if there are grounds that prevent his further stay in the Russian Federation and means the forced expulsion of a foreign citizen outside the Russian Federation, is applied to citizens who refused to voluntarily leave the territory of the Russian Federation in cases provided for by law. Deportation is mentioned in several legislative acts. Federal Law “On Refugees”, Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”, Federal Law “On the Procedure for Departure from the Russian Federation and Entry into Russian Federation».

Administrative expulsion is a type of administrative punishment and administrative expulsion is imposed by a decision in a case on an administrative offense.

That a court or official border service issued a decision on administrative expulsion, it is necessary to prove the foreigner's guilt in committing an offense. Deportation is a measure of state coercion for persons who, in the opinion of an official of the migration service, have lost their legal grounds for being on the territory of the Russian Federation or pose a public danger. An official of the migration authority may make a decision on deportation in the absence of a foreign citizen and not evaluate deportation from the point of view of the presence of an offense in the actions of a foreigner.

A foreign citizen is obliged to fulfill the decision on deportation within five days from the date of its delivery. A foreigner is obliged to comply with the decision on administrative expulsion from the moment it enters into force.

A foreign citizen has the right to appeal against a decision on deportation within three months from the day when he became aware of this decision. A foreign citizen has the right to appeal a decision on administrative expulsion within 10 days from the date of receipt of it.

The difference is in the grounds on which a decision is made to cancel the court decision on the deportation of a foreign citizen and the administrative expulsion of a foreigner.

The court may cancel the decision on the administrative expulsion of a foreign citizen in cases where:

1. The statute of limitations for bringing to responsibility has expired.
2. It is impossible to prove the composition or events of the offense.
3. When considering the case of an administrative violation, significant violations were committed that did not allow the case to be considered objectively.

The court may reverse the decision to deport a foreign citizen if the following circumstances are present:

1. The decision to deport was made in violation of the current legislation.
2. The decision to deport violates the rights of a foreign citizen.

Administrative expulsion is carried out at the expense of the foreign citizen, organization or private person who invited the foreigner, diplomatic mission or consular office of a foreign state. The deportation of foreign citizens is carried out at the expense of the budgetary funds of the Russian Federation.

If you are threatened with administrative expulsion or deportation from the territory of the Russian Federation, do not delay, call now, we will be able to help you.

Due to time limits for appealing decisions government agencies we recommend that you seek professional help as soon as possible.

Specialists of "OO Resettlement" have rich, positive experience in resolving issues related to deportation and administrative expulsion. We can help you!

An administrative offense for foreign citizens and stateless persons entails a measure of influence. This is an administrative expulsion (Article 3.10 of the Code of Administrative Offenses). The difference between expulsion and deportation is that the expulsion measure is applied only by decision of the judicial authority. The legislator introduced this provision into the Code of Administrative Offenses in order to combat illegal emigration, which has become a problem modern Russia. There are no differences in the subjective composition of offenders: both during expulsion and deportation, they are stateless, foreigners.

Upon expulsion, the subjects mostly leave the Russian Federation on their own. But there is administrative expulsion by way of compulsion, when a foreigner cannot leave the Russian Federation on his own, or there is evidence that he will not do so. Then the judge decides on the temporary detention of the person in a specialized institution.

Grounds for expulsion:

work in the Russian Federation without legal permission;
lack of temporary registration at the place of residence of a foreign citizen, its invalidity;
stay in Russia is longer than the actual period of stay.

Proceeding from the fact that expulsion is a punishment for an administrative offense, a protocol is created. This is done by an employee of the migration service, the prosecutor's office, the police. The document displays the fact of the offense, with the location and time of this action. The protocol is drawn up in duplicate, in the presence of a foreign citizen, under the signature. This document is the main evidence of the citizen's guilt. In addition to him, the guilty actions can be confirmed by witnesses, inspection of the premises, etc.

IMPORTANT: the judicial act of expulsion can be appealed. This must be done within ten days after the decision is made. The appeal period cannot be missed. The only exception to this rule is if the foreigner has a good reason for delaying the deadline. It will need to be substantiated.

Consequences of expulsion

From the moment of expulsion from the territory of the Russian Federation, a foreigner has no right to return back within 5 years. In addition, after 5 years of restrictions on entry into Russia, it will be very difficult for a foreigner to obtain temporary registration and legalize in the country.

Deportation: concept and essence

Deportation means the process of forced relocation of a foreigner, a stateless person from the Russian Federation. Deportation differs from expulsion on the above grounds, in addition, during expulsion, the violator crosses the borders of the Russian Federation on his own (an exception is cases of forced administrative expulsion). During deportation, the presence of a special escort with a person is provided. The convoy accompanies the intruder to the border and fixes its crossing. Deportation is carried out on certain grounds, which are united by one thing: the termination of legal grounds for staying in the Russian Federation. Deportation applies to stateless persons and aliens who:

illegally arrived in the Russian Federation;
did not follow the rules of stay in the Russian Federation.

Also, when the visa expired, therefore, the loss of the right to legal stay on the territory of the Russian Federation. The period of restriction of entry into the Russian Federation depends on the severity of the offense committed by a foreigner and a stateless person.

Order

Basic rules for deportation established

The requirement to leave the country 3 days after the expiration of the period of legal stay in the Russian Federation.
The requirement to leave the country 15 days after the documents that are the legal grounds for his stay in the Russian Federation were seized for certain reasons.

The decision is made by the Federal Migration Service of the Russian Federation. This also distinguishes deportation from expulsion, which occurs only by court order. Before the deportation, the offender is kept in a special room.

IMPORTANT: The similarity between deportation and expulsion is that they can be challenged. This must be done within 10 days of receiving the notification. On what grounds can a foreigner or stateless person sue against deportation? The fact is that it can be canceled for some reason.