Refugees are foreign citizens, and forced migrants have Russian citizenship, but otherwise their situation is similar - both of them changed their place of residence due to some real threat or hostile attitude towards them. If they are assigned the administrative legal status of refugees and forced migrants, the Government of the Russian Federation allows them to enjoy a number of privileges and benefits. From this article you will learn what the difference is between the status of a refugee and a forced migrant, what rights migrants have, how long the statuses are valid, why they can refuse to assign status, and for what reasons the status of a migrant can be lost.
Administrative legal status of refugees and internally displaced persons
Important! Forced migrants have the legal right to apply for a targeted loan for the purchase of residential premises or the construction of an individual house - the loan is provided on a long-term basis and without charging interest.
The administrative-legal situation refers to the system of rights and obligations, guarantees and freedoms that the Government of the Russian Federation provides to refugees and forced migrants, and migrants enjoy a wider range of rights due to the presence of Russian citizenship.
If a citizen submits a petition to assign him the status of a migrant, and it is registered and accepted for consideration on its merits by experts of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, according to Russian legislation, the person will receive the following rights due to him in connection with the status of a forced migrant:
- the right to receive free medical care and medicines in clinics and social pharmacies;
- the right to accommodation in a temporary residence center, free use of housing and communal services, and receiving food;
- the right to reimbursement of travel costs from the Main Department of Migration Affairs of the Ministry of Internal Affairs to the temporary accommodation center (if the displaced person is low-income - otherwise, the authorities only provide assistance in transporting luggage and ensuring the possibility of travel);
- the right to one-time financial support (at least 100 rubles).
IDPs, within 3 months from the date of confirmation of their new status, have the right to:
- choice of place of residence (the list will be proposed by employees of the Main Department of Migration Affairs of the Ministry of Internal Affairs);
- obtaining Russian citizenship on preferential terms.
Rights of internally displaced persons
The legal status of refugees and forced migrants in the Russian Federation is generally very similar, but there are some differences: Russian roots are taken into account, the migration services of the Russian Federation are obliged to consider the applications of migrants more loyally, therefore the percentage of positive decisions on them with the allocation of necessary humanitarian assistance reaches almost 100%. This is primarily due to the fact that people return to their homeland, regardless of the reasons for their departure.
Deportation
However, if migration from Russia occurred after the commission of a serious crime, which over the years was discovered and the criminal is identified among the internally displaced persons, he will be required to be punished to the fullest extent of the law.
The acceptance of refugees and internally displaced persons into the Russian Federation is a very correct humane act that greatly enhances the authority of the state in the international arena. However, for the safety of the country’s citizens themselves and to prevent protests, control over such a group of migrants must be especially careful.
What is the difference between the administrative and legal status of refugees and internally displaced persons?
As already mentioned, refugees enjoy a smaller set of rights than internally displaced persons. The following are not available to refugees:
- queuing for the allocation of municipal housing;
- assistance from the authorities in enrolling teenagers in Russian universities;
- scholarship payments for receiving vocational training or retraining;
- free subsidies for purchasing an apartment or building a house.
Refugees whose status has been officially recognized receive the following privileges:
- for social protection and social security benefits;
- to open a business without first obtaining a special permit;
- for hired employment;
- participation in social activities.
Legal status of refugees in the Russian Federation: their rights and responsibilities
The word status is translated from Latin as position, condition of someone or something. In our case, we need to talk about the status of an individual, or rather, a citizen. The etymology of these terms is the same. However, in the literature there are proposals to distinguish between the concepts of legal status and the legal status of an individual, since, in their opinion, the first concept is included in the content of the second[21].
Legal status is a set of rights, freedoms, responsibilities and legitimate interests of an individual, recognized and guaranteed by the state.
The basis of the legal status of an individual is his rights, freedoms and responsibilities, which are enshrined in laws. This fact determines the legal status of the individual in society, his role, significance in social life and in the state as a whole, provides a number of guarantees and burdens the citizen with responsibility.
The rights of refugees are reflected in Part 1 of Article 8 of the Federal Law “On Refugees”. A person who has refugee status and his family members have the right to:
1. Assistance to the executive authority in preparing documents for entry into the territory of the Russian Federation in the case when these persons are located outside the territory of the Russian Federation;
2. Assistance to the executive authority in ensuring travel and transportation of a person’s luggage to his place of stay;
3. A person receives food and uses utilities in a refugee temporary accommodation center;
4. Protection of the person in order to ensure the safety of these persons;
5. Use of residential premises provided in the manner determined by the authorized federal executive authority, from the housing stock for temporary settlement;
6. Providing medical assistance to a person;
7. Receiving assistance in vocational training;
8. Assistance in finding and finding a job;
9. Receiving assistance in placing the children of a person recognized as a refugee in educational institutions;
10. Assistance to the federal executive authority, authorized to exercise control and supervision functions in the field of migration, in obtaining information about the relatives of a person recognized as a refugee, living in the state of his citizenship, etc.[22].
In addition to the rights granted by law, refugee status, like any legal status, has a number of responsibilities that are an integral part of it.
A legal obligation is a measure of proper behavior of an obligated subject established by law and ensured by the state[23]. According to the law, refugees have responsibilities. These include compliance with the Constitution and other legislation of the Russian Federation in the sphere of relations arising regarding the status of refugees; refugees are obliged to arrive in a timely manner at a temporary accommodation center or other place of stay; refugees are obliged to comply with the established rules of residence and comply with the requirements of sanitary and hygienic standards for living in a temporary accommodation center; promptly report to the territorial body of the federal executive authority information about changes in last name, first name, family composition, marital status, about acquiring citizenship of the Russian Federation or citizenship of another foreign state, or about obtaining a permit for permanent residence in the territory of the Russian Federation, etc.
Also, in order for the enshrined rights to be freely exercised, it is necessary to establish state guarantees enshrined in the law in fulfillment of rights and obligations. Guarantees of the rights of a person who has been recognized as a refugee are established in Article 10 of this law:
1. A person who has filed an application for recognition as a refugee or who has already been recognized as a refugee, or who has lost such status or has been deprived of refugee status, cannot be returned against his will to the territory of the state of his citizenship, provided that the circumstances provided for by law remain in this state.
2. Decisions and actions (inaction) of federal executive authorities, executive authorities of constituent entities of the Russian Federation, compulsory medical authorities and officials may be appealed to a higher authority or to a court in the manner prescribed by law.
The legal responsibility of refugees for violating the legislation of the Russian Federation lies in the application of sanctions to them for committing certain acts. Just like Russian citizens, refugees bear all types of responsibility: civil, financial, criminal, etc.
Revocation of refugee status is also a form of refugee responsibility. A person is subject to the procedure of deprivation of refugee status if he committed a crime on the territory of the Russian Federation and was convicted for it by a court verdict that has entered into legal force; reported knowingly false information, submitted false documents that served as the basis for recognizing the procedure for recognizing a person as a refugee in the Russian Federation as lawful, or committed another violation of the provisions of the Law “On Refugees”.
Summarizing the above, we draw a conclusion. The provisions outlined in the law tell us about a wide range of rights and responsibilities of refugees, about the specific procedure for accepting refugee status and depriving such status.
Despite the wide range of rights and freedoms and responsibilities of a person recognized as a refugee, such a person has a certain list of guarantees that allows him to feel confident in the territory of the Russian Federation.
Conclusion
To summarize, we can say the following. We examined the concept of a refugee in the Russian Federation. We looked at the chronology of the development of this definition. Throughout human history, refugee status has not changed its essence, only changing its interpretations.
Of great importance is the legislative consolidation of this status, which provides guarantees for this category of persons to exercise all their rights, fulfill their duties and have guarantees of compliance with the provisions of the law.
The Russian ideological policy towards refugees should be to increase and care for its own people. This idea will not come true without organizing the reception and improvement of refugees on the territory of our state at the highest level.
The situation in the country, which is constantly undergoing dynamic changes, forces us to look for new approaches and solutions to the problem of determining refugee status and the content of this status. However, over the past years, the structure of the Federal Migration Service, which was created in the name of ensuring the reception and settlement of refugees, has been constantly destroyed by endless reorganizations and changes of leaders.
After migration policy was transferred to the jurisdiction of the Ministry of Internal Affairs, the main emphasis was placed on the fight against illegal migration. The ministry has not yet seriously begun to solve the long-neglected problems of receiving and settling refugees.
Considering the severity and global nature of the problem related to refugees in the Russian Federation, we hope that the state will eventually come to the need to create an authorized agency.
Thus, the state policy towards refugees should be aimed at helping refugees, which should be based on the following principles:
1) assistance to refugees should not be limited only to the provision of compensation, land plots, credit services, information regarding employment, but also the elimination of restrictions on registration and choice of place of residence;
2) organizing effective assistance to refugees requires financial assistance from international humanitarian organizations, the creation of effective government migration departments;
3) migration policy should depend on the political decisions of the leadership, on the pace of “indigenization” of the population in the republics.
It is necessary to develop more specific guidelines in the relationship between the republics of the former USSR and the constituent entities of the Russian Federation. Significant adjustments to migration policy are required. This list is not exhaustive, because the severity of the refugee problem has reached its peak. This problem awaits its legislative and practical resolution. We are convinced that only democratic principles of government, civic participation, cooperation of state and non-state organizations will lead to the emergence of an effective migration policy in Russia, the priority of which should be the friendly reception of refugees.
How long does the administrative legal status of refugees and internally displaced persons last?
Important! Despite the fact that the procedure for assigning refugee and forced migrant status is not much different, the duration of the status for both categories of persons is different.
The status of a forced migrant or refugee is not assigned for life - it has a limited validity period:
- Refugee status is valid throughout the entire period of residence of a person on the territory of Russia, if he does not violate the laws, and if there are no reasons for depriving him of this status. The refugee submits a national identity card, and the refugee ID becomes his “passport” in Russia until he decides to leave the country.
- Forced migrant status is valid for 5 years. However, if a citizen has compelling reasons for extending his status, it can be renewed every year.
What rights are given to a refugee?
The status itself can be issued to a citizen of another country for a period of up to three years. But what does this refugee status provide? Current legislation establishes that refugees have the right to:
- Assistance in carrying luggage or accompanying you to the place of registration or residence;
- Accommodation in specially equipped centers where free meals are provided. Utilities are also provided at the expense of the state;
- Receiving medication or medical care;
- Social protection from the state in whose territory they are located. So, for example, a refugee cannot be forcibly returned to his homeland;
- The ability to engage in business or find employment without the need to obtain a special permit;
- Residence in Russia.
Refugee status itself can be renounced. This happens in cases where you need to leave Russia. At the time of obtaining refugee status, a passport of another country and a migration card must be submitted to the Department of Migration Issues for storage, so it will not be possible to simply travel abroad of the Russian Federation if such a desire arises.
Info
Please note that, like an alien who has requested asylum, a refugee cannot be deported or expelled. This is an international norm, which can only be violated in extreme circumstances and by full agreement of the parties.
Refugees: concept and legal status
Refugee is a category of international law. The status of persons recognized as refugees is regulated, first of all, by international instruments: the 1951 Convention relating to the Status of Refugees; Protocol to it in 1967. The Russian Federation has adopted a special Federal Law in 1993 “On Refugees”. In accordance with this Federal Law, a refugee is a person who: 1) is not a citizen of the Russian Federation (foreign citizen or stateless person); 2) be outside the country of his citizenship (foreigner) or outside the country of his usual residence (stateless); 3) left their country due to a well-founded fear of becoming a victim of persecution on the basis of race, religion, nationality, or affiliation with a particular group. social group or political opinion; 4) cannot use the protection of his country or does not want to use such protection due to the specified fears.
At the same time, in accordance with the law, a person cannot be recognized as a refugee : a) in relation to whom there are serious grounds to believe that he has committed a crime against peace, a war crime or a crime against humanity; b) who is guilty of committing acts contrary to the purposes and principles of the UN; c) a person who left the state of his citizenship (his former usual place of residence) for economic reasons or as a result of hunger, epidemic, natural and man-made emergencies and in other cases established by law.
A person recognized as a refugee and members of his family who arrived with him have the right to:
1) obtaining the services of an interpreter and information about their rights and obligations; 2) obtaining assistance in preparing documents for entry into the territory of Russia;
3) receiving food and using utilities at a temporary accommodation center; 4) medical and medicinal assistance on an equal basis with citizens of the Russian Federation; 5) receiving assistance in referral for vocational training or employment on an equal basis with citizens of the Russian Federation; 6) social protection, including social security, on an equal basis with citizens of the Russian Federation, etc.;
A person recognized as a refugee and his family members who arrived with him are obliged to: 1) comply with the Constitution of the Russian Federation and laws; 2) arrive at the temporary accommodation center in a timely manner and comply with the established procedure for living there; 3) inform the territorial migration service authority within 7 days information about changing the surname, first name, family composition, marital status, acquiring Russian citizenship or citizenship of another foreign state, or obtaining a permit for permanent residence in the territory of Russia; 4) inform about the intention to change the place of stay on the territory of the Russian Federation or leave for the place of residence beyond its borders; 5) undergo annual re-registration within the time limits established by the territorial body for the migration service, etc.
A person is deprived of refugee status if he:
1) convicted by a court verdict that has entered into force for committing a crime on the territory of Russia; 2) provided knowingly false information, or presented false documents that served as the basis for recognition as a refugee, or committed another violation of the provisions of the Federal Law “On Refugees”.
The distribution of persons recognized as refugees or who have received temporary asylum is carried out in accordance with the quota for the distribution of these persons for each subject of the Federation established annually by the Government of the Russian Federation.
The procedure for recognizing a person as a refugee : 1) filing a petition for recognition as a refugee with the authorized bodies; 2) consideration of the application; 3) making a decision on it. The result of a positive decision is the issuance of a certificate for a period of 3 years.
These persons have the same rights and responsibilities as citizens of the Russian Federation. Acquiring this status gives a person additional rights (this is receiving: 1) a referral to live in a temporary accommodation center; 2) food and use of utilities in the temporary residence center; 3) one-time cash benefit; 4) assistance in ensuring travel and transportation of baggage to the place of stay) and additional duties (1) to comply with the established procedure and sanitary and hygienic standards in the temporary residence center; 2) if you change your place of residence, before leaving, deregister with the Federal Migration Service and register at your new place of residence; 3) undergo annual re-registration with the migration service; 4) report to the territorial body of the FMS information about changes in full name, family composition, marital status, about the acquisition of citizenship of the Russian Federation or another state.
