What is the difference between deportation and expulsion of foreign citizens. What is the difference between deportation and administrative expulsion? Administrative procedure for appealing against expulsion

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

1. The requirement to leave the country 3 days after the expiration of the period of legal stay in the Russian Federation.
2. 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.