Residence permit and administrative expulsion from the Russian Federation in case of non-confirmation of residence

In accordance with the migration legislation, every year a foreign citizen with the residence permit must provide confirmation of his residence in Russia. The non-confirmation is regarded as the violence of migration legislation and leads to such administrative penalties as a penalty equal to 5000-7000 rubles and an administrative expulsion from the Russian Federation (applicable for Moscow, Saint-Petersburg and its regions). In its turn, the administrative expulsion leads to the cancellation of residence permit validity and to the exclusion to Russia for 5 years.

17/02/2016 the Constitutional Court of the Russian Federations has considered a complaint of the Moldova citizen about the inconsistency of these procedures and the Constitution of the Russian Federation. The Constitutional Court has recognized the procedure as the legal one but the article of the Administrative Offences Code of the Russian Federation in accordance to which the Court has no right to annul the administrative expulsion in case if the violation has happened for the first time.

Therefore, in accordance with the Constitutional Court decision, a Court in Russia should has the possibility to annul the administrative expulsion if it regards that the expulsion and the exclusion to Russia for 5 years are an excessive restriction of the right for private life respect and doesn’t coherent penalty for single violation. The Court should pass a verdict taking into consideration additional factors, e.g. a family status, the history of tax payment, the income and housing accommodation in Russia, the profession and labor activity in Russia, etc.

In accordance with the Constitutional Court verdict there should be made the related amendments in the legislation.