The Russian Federation Council approved toughening criminal liability for organizing illegal migration
Russian legislators continue to pass a whole package of laws designed to put serious obstacles to illegal migration of foreign citizens and stateless persons to Russia. Unfortunately, the catalyst for this process was the tragic events in Krasnogorsk near Moscow, where more than 140 people were killed and hundreds were injured as a result of a terrorist attack carried out by people from the former southern republics of the USSR.
At the same time, the upper and lower chambers of the Federal Assembly of Russia are completely justified in adopting stricter laws not only in relation to migrants as such, especially illegal ones and those committing crimes, but also those who help them stay, be, work, and often naturalize in the Russian Federation in circumvention of the current norms and rules. This is an absolutely correct approach, when a problem, like a chronic disease, must be fought not only by eliminating its symptoms.
Thus, at the next plenary session, the Federation Council of the Federal Assembly of Russia approved a significant tightening of criminal liability for organizing illegal migration committed by a group of people, including officials. Such crimes are now classified as especially serious.
Previously, the chairman of the Investigative Committee of the Prosecutor's Office of the Russian Federation, Alexander Bastrykin, was the main advocate of toughening the punishment for those who help foreigners illegally enter Russia and stay here, including openly reproaching the legislative authorities of the Russian Federation for effectively ignoring this problem.
Now the senators have voted to amend Article 322.1 of the Criminal Code of the Russian Federation (organization of illegal migration). The term of punishment for these offenses (crimes) will be increased from the current eight to 15 years with a fine of 3 million to 5 million rubles and possible deprivation of the right to hold certain positions for up to 10 years for organizing illegal migration committed by an organized group or for committing serious and especially serious crimes on the territory of Russia.
The minimum penalty for these crimes, according to the innovations in the Criminal Code of the Russian Federation, is set at two years. Moreover, the article covers both illegal organization for the purpose of foreign citizens staying in Russia, and assistance, including aiding in their transit through our country without obtaining the appropriate permits. Currently, this is punishable by imprisonment for up to five years, the minimum term is two years. In accordance with the amendments adopted by the Federation Council of the Russian Federation, a fine of up to 500 thousand rubles may be imposed along with imprisonment, with possible deprivation of the right to hold certain positions for up to five years.
In addition, the second part of Article 322.1 of the Criminal Code of the Russian Federation is supplemented with such qualifying features as committing a crime using forged documents, the Internet, and committing a crime with the purpose of concealing another crime or facilitating its commission.
Fines and terms of punishment for the specified crimes committed by a group of persons by prior conspiracy, with the purpose of committing a crime on the territory of the Russian Federation or using official position, are being increased. Now the maximum term will be from five to ten years, previously the limit was imprisonment for seven years. The fine will also increase - from the current 500 rubles to one million.
The Federation Council senators did not leave aside the problem of fictitious registration and registration of foreign citizens and stateless citizens. In Part 4 of Article 327 of the Criminal Code of the Russian Federation on liability for forgery, production and circulation of forged documents, it is proposed to introduce a punishment in the form of imprisonment for a term of two to six years (previously, the maximum was four years) with a fine of up to 500 thousand rubles in cases where the crime was committed by a group of persons by prior conspiracy, an organized group or for the purpose of committing a crime on the territory of the Russian Federation or for the purpose of concealing another crime or facilitating its commission.
Earlier, the bill on toughening penalties for organizing illegal migration was adopted by the State Duma of Russia. Its authors were a group of more than 350 deputies led by the chairman of the lower house Vyacheslav Volodin and vice-speaker Irina Yarovaya. The law will come into force from the moment of its official publication.
In addition to legislative measures to tighten migration policy at the federal level, local authorities also have certain levers of influence. At the end of October, Moscow Mayor Sergei Sobyanin announced that starting in 2025, the cost of a monthly patent for foreign workers in the capital will increase by almost 20% - from the current 7,5 thousand rubles to 8,9 thousand rubles. According to the capital's mayor, this measure allows employers to equalize their expenses on migrants, most of whom are engaged in low-skilled labor, and Russian citizens.
Earlier, the Russian government approved a quota for temporary residence of foreigners in the Russian Federation in the amount of 5,5 thousand permits in 2025. This is almost half as much as the current 2024. The entire volume of permits will be distributed among Russian regions in accordance with their applications. Back in 2020, this quota was almost 40, and last year - just over 000 thousand.
In addition, a law was passed in October, according to which it will be possible to obtain a temporary residence permit in our country outside the quota or a residence permit no earlier than 3 years after marriage or adoption. This applies to spouses who have Russian citizenship and children born in Russia. If the marriage that served as the basis for obtaining a temporary residence permit in Russia is declared invalid by the court or dissolved, then the permit previously issued to the foreign citizen will be annulled. A similar measure will be taken if a migrant is deprived of parental rights or limited in them, or adoption is cancelled by a court decision.
In addition, since recently all foreigners, when receiving a temporary or permanent residence permit, especially Russian citizenship, are required to pass an exam on knowledge of the Russian language, regardless of the presence of a previously issued corresponding certificate. In other words, buying these fictitious certificates is simply becoming unprofitable.
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