Zatulin: Thousands of Ukrainians are awaiting political asylum

Society's reaction to simplifying the procedure for obtaining a Russian passport for Ukrainians

The newly elected president of Ukraine, Vladimir Zelensky, called the simplified opportunity for Ukrainian citizens to obtain Russian citizenship an attempt to “seduce Ukrainians.”
According to the head of state, these measures are in vain, since the legislation of Ukraine is more loyal to members of society. The numerical indicators indicate that the opinion of society does not coincide with the opinion of the politician. 44,898 Ukrainians received a Russian passport in 2021.

With the simplification of the procedure, the flow of citizens wishing to obtain a Russian passport from the Donetsk and Lugansk regions has increased. They can apply for Russian citizenship using the services of local authorities, then their data is sent to Russian territory and processed there.

The Ministry of Internal Affairs claims that 172 thousand Ukrainians with a residence permit and 141,455 with a temporary residence permit live on the territory of the state. These data are taken from the official statistics of the authority.

There is a part of the Ukrainian population that works illegally in the Russian Federation. About 1% of all Ukrainian citizens migrated to Russia for temporary or permanent residence. This figure is second only to the number of Ukrainian migrants in Poland.

The President of Ukraine has simplified the registration procedure for citizens of the Russian Federation after the corresponding decree of Vladimir Putin.

The document came into force on August 13, 2021. It contains privileges for obtaining a Ukrainian passport for persons suffering persecution for political reasons.

To obtain a Ukrainian passport under the accelerated program, you must provide:

declaration of renunciation of current status;
a document from a diplomatic mission that confirms political persecution.

At the same time, it is necessary to provide general documents.

This move is a mirror response of Vladimir Zelensky to the actions of the Russian President.

Applying for a Ukrainian passport is not so popular. For 2021, there are no exact data from representatives of the relevant authorities of Ukraine yet. In 2021, 126 Russian citizens received Ukrainian passports. The neighbors' scores are significantly higher. About 80 thousand Ukrainians officially became citizens of the Russian Federation.

The extent to which the decree of the President of Ukraine influenced the influx of Russians can be analyzed by the beginning of 2021.

Obtaining Russian citizenship through a simplified procedure is an opportunity for Ukrainians to legally live and work in another state. The consequences of such a policy will only be fully visible after several years.

Registration of refugees

Apart from openly marginalized people who come to Russia for the purpose of dependency, Ukrainians applying for refugee status are interested in legalizing their stay in the Russian Federation.

In 2015, this procedure was regulated by several regulations of the Russian Federation. That is, persons who left Ukraine have the right to receive refugee status in Russia, then a temporary residence permit, and then citizenship of the Russian Federation.

What to do after arrival

After a person claiming refugee status has crossed the border of the Russian Federation, he undertakes to register at his place of stay. In other words, the hypothetical refugee undertakes to obtain temporary registration.

If a Ukrainian applying for refugee status has a place to “lay his head,” he must independently go through the registration procedure at the local one. If a person has no relatives in Russia and is staying in a refugee camp, then the issue of his registration is dealt with by the staff of the camp administration.

Simplified procedure

Thanks to the efforts of employees of the Main Directorate for Migration, Ukrainians applying for refugee status will be included in a special state program in 2021. This program assumes that registration of refugees will be carried out in a simplified manner.

Features of the program

Temporary rules will be introduced for persons claiming refugee status in 2021. This ensures that not only registration, but also re-registration will be simplified.

This is explained quite simply. Most Ukrainians fleeing war and claiming refugee status often arrive on the territory of the Russian Federation without the appropriate documents. For many Ukrainians living in the Luhansk and Donetsk regions, all documents, including those that confirm their identity, remained under the rubble of their houses.

For this reason, the authorities of regions that actively accept Ukrainians applying for refugee status are recommended to register them without employment documents or documents confirming their marital status. Employment of refugees will be based on the results of an interview.

Persons who wish to become citizens of the Russian Federation receive another bonus from the authorities. In particular, inspection times will be significantly reduced. In addition, the period of temporary stay in the Russian Federation for citizens of the LPR and DPR has been increased from 90 to 180 days on the basis of Government Decree No. 1744. In general, the registration procedure takes 10 working days today.

Temporary registration in Moscow

In 2021, registration of persons applying for refugee status is carried out for a period of ninety days to twelve months. This occurs on the basis of a certificate that confirms refugee status. Temporary registration is completed within one working day.

The cost of registration in 2021 is as follows:

Ninety days - 1.3 thousand rubles.
Six months - 2.6 thousand rubles.
Nine months - 3.9 thousand rubles.
Year - 5.2 thousand rubles.

The list of documents required to carry out the procedure is small.

This is what a certificate of temporary registration in Moscow looks like

It includes only a certificate confirming refugee status and a high-quality photocopy of all current pages of the applicant’s civil passport.

Zatulin: Thousands of Ukrainians are awaiting political asylum

“Recent events in the world - human rights violations, harassment of journalists and public figures - are forcing people to seek refuge outside their countries of residence,” notes a commentary on the document published on the website of the President of the Russian Federation.

Thus, according to the new decree, restrictions for those who were prosecuted in their home country for actions that are also recognized as crimes in Russia, for persons convicted or under investigation in Russia, and for those who have two citizenships are recognized as obsolete.

First of all, the restriction on the right to obtain political asylum is lifted if there is an agreement on visa-free border crossing between Russia and the refugee’s country of citizenship. This concerns, today, first of all, citizens of Ukraine.

Also, restrictions have been lifted for people who came from a country “with developed and established democratic institutions in the field of human rights protection” (a closed list of these countries is compiled annually by the Russian Ministry of Foreign Affairs).

Putin lifted restrictions on political asylum in Russia

Sergey Guneev | Go to photobank

In addition, those who cannot or do not want to return to their home country for economic reasons, famine, epidemics or natural and man-made emergencies are now entitled to ask for political asylum.

It is emphasized that, despite the lifting of these restrictions, the decision to grant political asylum will be made on an individual basis.

— Konstantin Fedorovich, what is the benefit of the decree for Ukrainian political emigrants?

— First of all, this decree allows us to legalize the position of many political emigrants in Russia, and, by the way, not only from Ukraine, who previously could not obtain the right to political asylum due to an unreasonable restriction in Yeltsin’s of 1997.

We in the State Duma introduced a corresponding law in the spring of 2021. We rewrote this decree into law, removing these restrictions.

- Which ones exactly?

— There are two most significant restrictions. A ban on granting political asylum to citizens of those countries with which Russia has a visa-free border crossing regime. This is really the entire CIS, including Ukraine, by the way, until now.

A ban on granting political asylum to citizens of countries with developed democratic institutions. The Ministry of Foreign Affairs must annually submit a list of these countries to the presidential administration.

— What caused Yeltsin’s decree?

- Opportunistic motives. Yeltsin introduced restrictions by decree, thereby violating the norm of the Constitution according to which Russia provides political asylum. Under the influence of his advisers, he did this so as not to upset the Central Asian, Caucasian and Ukrainian rulers, on the one hand, and on the other, so as not to create problems with Western countries.

Klishas: The Verkhovna Rada is preparing repressions against dissidents

RIA Novosti, Ramil Sitdikov | Go to photobank

As a result, during the entire period of signing this decree, not a single political emigrant appeared in Russia. And when we confirmed this point by coming to the State Duma, we prepared the corresponding law, which rewrote the presidential decree word for word, removing only these two restrictions.

— How many Ukrainian citizens, in your opinion, can apply for political asylum?

- These are thousands of people. Difficult to assess. We know about deputies, and ministers, and journalists, and about President Viktor Yanukovych , and about former Prime Minister Mykola Azarov , and so on, and so on. These are direct candidates for political asylum. Some of the people who are here and are forced to stay here, having left or fled from Ukraine, are naturally interested in legalizing their situation. If there was such an alternative, they would not have sought Russian citizenship, but would have received the status of political asylum while remaining citizens of Ukraine. And then, if the situation is favorable, they could return to Ukraine.

If you have received refugee status or temporary asylum, how can you continue to obtain citizenship?

Citizens of Ukraine are on a separate list; they have the opportunity to obtain a temporary residence permit in a simplified manner on the basis of Federal Law 115 “On the Legal Status of Foreign Citizens”, Article 6, paragraph 3, paragraph 11

A citizen of Ukraine or a stateless person who has permanently resided on the territory of Ukraine, has been recognized as a refugee, or has received temporary asylum in the territory of the Russian Federation;

After receiving a temporary residence permit, citizens of Ukraine living on the territory of the DPR or LPR can apply for citizenship on the basis of Decree of the President of the Russian Federation No. 187.

Read more here 187 Presidential Decree on Russian citizenship

For all other foreign citizens recognized as refugees or granted temporary asylum, there is the opportunity to become a participant in the State Program for the Resettlement of Compatriots, which was approved by Decree of the President of the Russian Federation of June 22, 2006 N 637 (as amended on March 11, 2020) “On measures to facilitate voluntary resettlement to the Russian Federation compatriots living abroad”, Article 16

16. Compatriots who are foreign citizens, permanently or temporarily residing legally on the territory of the Russian Federation or who arrived on the territory of the Russian Federation in an emergency en masse, recognized as refugees on the territory of the Russian Federation or who received temporary asylum on the territory of the Russian Federation, have the right to submit an application for participation in the State Program and receive a certificate of participation in the State Program on the territory of the Russian Federation.

Read more here Relocation of compatriots to Russia 2021 new law on relocation

Having become a participant in the resettlement program, a foreign citizen recognized as a refugee or who has received temporary asylum has the right to receive a temporary residence permit in a simplified manner on the basis of Federal Law No. 115 “On the Legal Status of Foreign Citizens”, Article 6, paragraph 3, paragraph 9

Interesting Features of employment in Antarctica in 2020

9) who is a participant in the State program to assist the voluntary resettlement of compatriots living abroad to the Russian Federation, and members of his family moving with him to the Russian Federation

After which, obtain citizenship in a simplified manner in accordance with Federal Law No. 62 “On Citizenship of the Russian Federation”, Article 14, paragraph 7.

We hope that the article about how to obtain refugee status in Russia or temporary asylum was useful to you. If you have any questions, you can always ask them by phone listed on the website or use the feedback form. Good luck to all.

To get a consultation

Why won’t they extend asylum for Ukrainians in 2021?

Information about the rest is available in the relevant materials. Forum on migration issues Forum on migration issues Please tell me whether migration registration is currently being extended for residents of Donbass? Yes, they are extending it. Contact the regional office of the Migration Office at your place of stay. Lawyer of the Specialized Law Office for Migration Disputes “Checks.

A refugee from Donbass died in Russia after being denied asylum. The blogger ua-katarsis writes about this in his LiveJournal. As I have repeatedly said before with references to Russian and other media, refugees from Donbass face enormous difficulties in Russia. In the fall of the year before last, the Russian publication Regnum reported that refugees from Ukraine in Barnaul were starving, without housing or work.

Extension of temporary asylum in Russia
Temporary shelter for residents of Donbass in 2021
Obtaining and extending temporary asylum for Ukrainians
How and in what order to obtain temporary asylum in the Russian Federation
Extension of temporary asylum in the Russian Federation
Will the temporary shelter for Donbass be extended in 2021?

Resettlement program in the Russian Federation Resettlement program in the Russian Federation Due to the fighting in Ukraine, many Ukrainian citizens are forced to flee from their homes. Left with literally nothing, Ukrainians every day turn to Russia for help to provide them with temporary asylum.

This article talks about how citizens of Ukraine can obtain refugee status and what rights they receive.

Temporary shelter for Donbass refugees is being extended in 2021 Hello! I would like to know: will the temporary asylum for citizens of Donbass be extended this year 2021? I received it at the end of 2014 and have already renewed it twice.

The current deadline is September this year. January 11, 2021, 23:04 Artem, city

Temporary shelter for residents of Donbass in 2021

Set of papers Immigrants to Russia submit an application to the territorial bodies of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation (FMS). To obtain asylum, an application is submitted and the following documents are presented:

How and in what order to obtain temporary asylum in the Russian Federation

Each authorized official of the territorial Fiscal Migration Service has the right to independently make a decision regarding a specific citizen or stateless person.

Simplified procedure Citizens of Ukraine, in connection with the fighting in the east of the country, are subject to a simplified procedure for obtaining temporary asylum, as well as extending its period.

The only peculiarity is that, in accordance with the legislation of the Russian Federation, the procedure takes place in a shorter time.

For this purpose, specific reasons have been identified, on which employees of the Fiscal Migration Service rely.

Will the temporary shelter for Donbass be extended in 2021?

When can you participate in PPP? You can participate in the compatriot resettlement program if:

Your historical homeland is Russia;
Your relatives were or are Russian citizens;
Living in former Soviet republics or having USSR citizenship;
Previously they had citizenship of the USSR, the RSFSR of the Russian Republic, but lost it for some reason.

About the author Alexander Eremeev Experience as a lawyer - since 2005. Graduated from the Moscow State Open University with honors. Private practice, specialization - migration and civil law. In this case, it is necessary to indicate the place where the person resides.

If these measures are implemented, then the subject acquires one more right: on the basis of a special application, he becomes a participant in a special state program under which he can be assisted with the voluntary resettlement of Russian citizens who do not live in Russia

Important conditions Authorized specialists of the Federal Migration Service emphasize that this category of citizens submits an application (only written form is accepted), which reflects a request to provide them with the opportunity to take advantage of temporary asylum

There are cases when certain categories of persons do not have grounds to be recognized as refugees.

The specified document is submitted to the Federal Migration Service.

A citizen of a foreign state is registered with this body. Certain requirements must be met to allow the temporary asylum to be extended. The person must set out in writing the specific circumstances in connection with which the issue should be resolved in a positive manner. In this case, asylum is provided only on the territory of Russia.

Will the temporary shelter for Donbass be extended in 2021?

Who can receive this status

According to official documents, a person of foreign nationality who has been forced by circumstances to leave their home territory and seek asylum in a neighboring state can become a refugee status holder. Moreover, for good reasons, such a citizen cannot or does not want to take advantage of the help of his country, much less return to its territory.

Grounds that may contribute to the attribution of refugee status are persecution:

because of race;
because of political opinions;
due to belonging to a particular social group;
gender;
on religious grounds.

As for immigrants from Ukraine, DPR, LPR, for them such a basis is military action, which leaves no chance of further staying on their land.

What Ukrainians need to remember

A Ukrainian can obtain refugee status in Russia in three ways:

submitting an application to the diplomatic mission of the Russian Federation in Ukraine;
declaring your desire at the border during the control process;
submit an application to the territorial body of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs (formerly FMS), while already on Russian territory.

When seeking asylum in the Russian Federation, it is necessary, however, to remember one point - the received status gives the Ukrainian citizen many privileges, but at the same time deprives him of the right to leave Russia for a year. This means that before submitting an application, you need to carefully consider how much time you plan to spend in this country and whether you intend to undergo further legalization.

Given the huge number of migrants who are currently trying to cross the Russian border from different countries, the authorities were forced to introduce some restrictions. So, for example, at the end of last year, all Ukrainians located in the Russian Federation had to confirm their legal residence status with the help of a temporary residence permit, residence permit or labor patent. This requirement did not apply only to those Ukrainians who arrived from the eastern regions of Ukraine.

Moreover, when crossing the border, all refugee applicants must indicate the purpose of visiting the Russian Federation to seek asylum. All Ukrainians must submit an application for protection no later than 24 hours from the moment of entry into Russian territory. Otherwise, such a citizen faces deportation or denial of asylum. This can only be avoided if you have good reasons.

After submitting the application, the applicant receives a temporary certificate, and if the application is granted, a certificate of refugee from Ukraine.

This document can be used for three years. In this case, the internal Ukrainian passport of the refugee is confiscated.

Refugee status in Russia

To officially be considered a refugee, it is not enough to escape from war or avoid political persecution in the country of one’s citizenship and residence. It is necessary to obtain refugee status in the country that gave asylum.

It is important that people were deprived of the opportunity to continue living in their country and were forced to leave it. They are deprived of shelter and legal protection of the state

And they all want to find this in their new homeland.

By the way! Even having arrived in Russia to escape repression or bombing, they do not automatically become refugees. First, a petition is submitted to consider the possibility of assigning this status. Then the status itself is assigned.

Rights

What is a refugee entitled to:

Can work for hire;
Has the right to receive education;
Can engage in entrepreneurial activities;
Has the right to participate in public activities;
If belongs to a preferential category, has the right to social security;
Can own real estate, but as a foreign person (with a higher tax rate).

What is not allowed

However, unlike migrants, both forced and voluntary, refugees cannot:

Apply for the purchase of subsidized housing;
Purchase housing in certain areas;
Receive a scholarship when studying at universities;
Receive subsidies for the purchase of housing.

In addition, a refugee with recognized status has a certificate, the validity of which is strictly limited to three years (although it can be issued for a year). In exceptional cases, it can be extended once for a year, but no more. After this, you must either already have a residence permit or leave the country.

Privileges

A one-time benefit is paid from 100 to 150 rubles;
800 rubles are transferred daily in non-cash form. per person, including children, to the TAP account for food and other expenses;
Compensation for travel on transport is provided;
Temporary housing is provided until you purchase your own or rent;
Medical, psychological and other types of assistance are offered free of charge;
Translation services can be provided;
Assistance is provided in retraining and job search.

Interesting Center for testing foreign citizens in the Russian language "Evraz"

Disadvantages of status include lack of freedom to act:

Identification documents are deposited at the Main Directorate for Migration and Migration;
To leave the country, you must obtain a travel document;
If you cannot find housing on your own, you will have to live in a designated place;
If you cannot find a job, you will have to work where you are sent from the Employment Center.

Refugee status for Ukrainians

Ukrainians, like citizens of any other country, can apply for refugee status, but the disadvantage of obtaining such status is that Ukrainian citizens who have received it for at least a year, and maybe more, will not be able to go back to their homeland. Also in Russia, quotas are established for each region on the number of people who can receive refugee status in this region.

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Refugee status in 2021

Any person fleeing hostilities cannot be recognized as a refugee. The persecution must have a personal motive, it must be personalized and directed at a specific person or members of his family. Therefore, such a status is quite rarely granted to any persons, including Ukrainian citizens who fled hostilities in the Donbass.

The status gives its holder broader rights compared to other migration groups. The advantages of such a legal state are determined by domestic legislation.

These include:

Providing an interpreter;
Indefinite - status is granted for an indefinite period, but re-registration is carried out every 1.5 years;
The right to monetary support in the amount of not less than 100 rubles. per day for each family member;
Receiving a one-time payment;
Providing free housing in a temporary stay center;
Organized meals;
The right to free medical care;
Employment without obtaining a labor patent;
The right to engage in business;
Possibility to open cash accounts in Russian banks;
Receiving humanitarian aid.

An additional advantage of a refugee is that he still has in his hands the passport of the country of which he is a citizen. So, if he wants, he can return, but lose his refugee status.

This legal status imposes some restrictions on the migrant. However, they are not comparable to the disadvantages that other migration statuses have.

Restrictions include:

Inability to work in government bodies;
Inability to participate in elections.

Despite the similarities between refugee status and temporary asylum, they provide different opportunities. Temporary asylum is given to persons who do not have the right to claim refugee status, but who cannot be deported for humanitarian reasons.

The situation in migration policy is such that refugee status is now practically not granted. As of 01.01. In 2021, only 592 refugees were recorded in Russia, of which only 166 were from Ukraine, where, as is known, military conflict in certain regions has not stopped since 2021.

Procedure

List of documents that a foreign citizen must provide when obtaining asylum:

A statement indicating that you are asking to be sheltered on the territory of the Russian Federation (on the website you can find out in more detail the exact list of documents from our consultant). In it you must indicate your data, what country you are a citizen of, and if you did not come yourself, then list all the relatives who came with you.
Passport of your country.
Fingerprint card.
If you are moving with relatives, you must have certificates or other documentation confirming your family ties.
4 photos (check the form with the online consultant).

Having collected all the documents, you need to submit them for consideration to the Federal Migration Service of the Russian Federation. This organization must issue you a certificate stating that you have the right to reside in the territory of the Russian Federation and carry out certain types of activities.

After the documents are submitted, many citizens must undergo all medical examinations and pass all tests. The period within which each citizen must undergo a medical examination should not exceed ten days.

After all medical procedures, two certificates must be issued that confirm your health status. One copy is left at the medical institution, and the other is given out.

The certificate is valid for 1 year.

Based on the results of the medical report, the migration service of the Russian Federation makes a decision whether to grant you temporary asylum or not. After this, the foreigner is issued a certain certificate that confirms the identity of its owner in the territory of the Russian Federation.

These documents can be presented when applying for a job or getting married. The certificate issued by the migration service replaces the basic documents you had in your home country.

The absence of a passport does not allow you to leave the country without permission. And if, for example, the applicant is from neighboring Ukraine and all his relatives are there, then he simply will not be able to see them, since the lack of a passport will not allow him to cross the border.

This certificate gives you the right to calmly look for work in Russia, but instead of a passport you will have to present the issued document. If you apply for a position in the education sector, you must provide a police clearance certificate.

What documents are needed?

Now let’s take a closer look at what documents are needed for temporary asylum in the Russian Federation. Usually the list of documents is standard. In its minimal form it is:

Statement;
Passport;
Migration card;
A document that confirms family relationships;
Photos of the established format;
This is enough to obtain temporary asylum in the Russian Federation for 1 year.

An alternative to the FMS for submitting documents is a multifunctional center, where they also work with migrants. The processing time for documents can be from 3 days for citizens of Ukraine and a little longer for residents of other countries.

Receipt procedure

Usually people think about this even before entering Russia, so they write down “Resettlement” as the purpose of the visit on the migration card when crossing the border. However, persons who are already in the Russian Federation can issue a certificate much later. For example, if hostilities began in your homeland.

Where to contact

Foreigners and stateless persons can submit an application for migrant status to the Main Department of Migration Affairs of the Ministry of Internal Affairs. This must be done no later than a week after entering Russia. All applications are completed manually and electronic applications are not accepted. The decision to assign status is also made by the authorized body of the Ministry of Internal Affairs.

Submitting an application

The main reason for obtaining the appropriate status is an application from a migrant. It is filled out on a special form, which is issued by the territorial department of the Ministry of Internal Affairs. Forms are provided free of charge upon request of the applicant. A separate paper is issued for each refugee. The applicant also has the right to ask for a sample of a completed temporary asylum application form or assistance in completing it.

In addition to the application itself, the citizen must have documents confirming his identity. They should be translated into Russian. The state allocates funds to assist in the translation of documents. Also, when submitting an application, the migrant undergoes fingerprint registration and a full medical examination. A certificate from a doctor is not needed only if the citizen has already undergone such an examination in the territory of the Russian Federation within a year and has the appropriate confirmation.

Interesting Validity period of a Russian citizen passport

Refusal to accept an application

There are no reasons for refusing to accept an application in any law of the Russian Federation. Therefore, if employees of the Ministry of Internal Affairs do not provide such a service, a citizen can write a complaint against a specific employee or the entire territorial department. You can make a written demand in case of an unmotivated refusal. However, employees do not accept applications without identification documents, as well as in other situations where basic conditions are not met.

Obtaining a certificate

3 months are allotted for consideration of the application. During this period, the citizen is issued a certificate with a note that the application for refugee status is in the process of making a decision. After clarifying all the circumstances of each specific migrant, the Ministry of Internal Affairs announces the assignment of the appropriate status or refusal.

If the result is positive, the foreign person receives a certificate of temporary asylum in the Russian Federation. You can only receive it in person, with the exception of children under 14 years of age who come with their parents or guardians. The certificate is the main document for presentation in Russia. The passport of a citizen of a foreign state is kept at the Ministry of Internal Affairs of the Russian Federation for the period of asylum.

When is the refusal received?

Migration inspectors do not always make a positive decision. Reasons for refusal may include:

lack of conditions necessary to obtain refugee status;
lack of humane circumstances for staying in Russia;
inaccurate information provided in the application form;
serious crimes that lead to immediate deportation.

Status validity period

In accordance with Art. 12 of the resolution “On granting temporary asylum”, the certificate is issued for 12 months. However, it can be renewed for the same period upon expiration. Early termination of status is possible. This happens when a citizen has circumstances due to which a certificate is not needed. For example, obtaining a residence permit, citizenship, and so on. Early termination can also be initiated by the state if the migrant has committed an offense.

Renewal procedure

This can be done annually. The application is submitted 1 month before the expiration of the current document. It is allowed to increase the time for submitting an application for extension of temporary asylum by no more than 1 month, but only in the presence of serious circumstances that have documentary evidence. For example, being on long-term inpatient treatment in a hospital.

List of required documents

The resolution “On the provision of temporary asylum” states that the extension of stay in the Russian Federation is issued upon a written application. However, despite the fact that it is not indicated what documents are needed to extend temporary asylum, employees of the migration department of the Ministry of Internal Affairs may also require:

document on the results of a medical examination;
certificate of temporary asylum.

Ukrainians are not entitled to political asylum in Russia

There are no plans to replace migrants with compatriots before the elections

However, this will require a lot of legislative work. The fact is that the possibility of obtaining political asylum in the Russian Federation is mentioned in the Constitution, but the norm is not spelled out in the laws. It is regulated only by presidential decree of 1997. Thus, writing and reviewing a new bill will take a lot of time.

And in order to solve the problems of Ukrainians more quickly, the presidential decree must remove two existing restrictions. As a general rule, political asylum is not granted, firstly, to citizens of countries with developed institutions for the protection of human rights - and Ukraine formally has such, and secondly, to visitors from those states from which visa-free entry into Russia is allowed.

According to Alexandra Dokuchaeva, head of the department of diaspora and migration at the Institute of CIS Countries, the Russian authorities, instead of helping people who left Ukraine, are pursuing the opposite policy, on the contrary, in a hurry to expel these people from the country altogether. “This is an absurd situation when the Constitution prohibits deporting them, but they are also not given the appropriate status,” Dokuchaeva emphasized.

At the same time, according to her data, deportation decisions against them are often still made - as a rule, on the basis of an expired migration card. But it’s not easy to get it done on time: when a person comes to the migration office to hand over documents, they give him a ticket for an appointment, for example, in two months. As a result, many have to go into illegal status.

Now the State Duma is receiving many letters about the refusal to renew migration cards for visitors from the Donetsk and Lugansk People's Republics, without which they also cannot be legalized. “In reality, all visitors – no matter whether they are Russian by origin or “native speakers of the Russian language” – are subject to the same rules of migration registration,” Dokuchaeva noted. Although, she believes, the Ministry of Internal Affairs could influence this situation with its internal orders.

For example, to preserve the opportunity for residents of Donbass to undergo migration registration without leaving Russia. “For now these are all just promises. In August, we already received one assurance from the Migration Department of the Ministry of Internal Affairs that residents of the DPR and LPR will not be prevented from renewing their registration. In reality, everything is different, complaints continue to come,” explained NG’s interlocutor.

Therefore, for example, State Duma deputy Andrei Kozenko from United Russia is preparing a bill that would allow residents of the DPR and LPR to stay in the Russian Federation without any time limits and giving them the right to work without patents.

The Ministry of Internal Affairs, meanwhile, promised to make it easier for Ukrainian citizens to obtain Russian citizenship. The department has even prepared a bill according to which for those applying for the status of a compatriot, only temporary registration at the place of residence will be sufficient.

But for ordinary migrant workers, it is proposed to tighten the conditions. The Ministry of Internal Affairs plans to make fingerprinting and photography mandatory for all citizens of countries with which Russia has a visa-free regime entering the territory of the Russian Federation. Experts, however, point out that the authorities have long been talking about reducing migration flows from Central Asia and priorities for Russian compatriots, but the situation is changing little noticeably.

“The results for compatriots are quite modest in terms of the scale of the program to support them,” Mikhail Remizov, president of the Institute of National Strategy, told NG. For example, only a few people managed to use the concept “native speaker of Russian”. The law on simplified acquisition of citizenship, which caused so much controversy, never worked in practice.

According to the expert, “everything depends on the cooperation of the Russian authorities with the leadership of the Central Asian republics - migrants from there will be accepted in order to maintain the positive context of the relationship.”

Remizov noted that recently a “reverse movement” has been noticeable. After the tightening of migration policy - for example, black lists of violators who were expelled and their entry into the country was blocked, easing began: “And we saw that an amnesty was being held on the same list and migrants were being allowed in again.”

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What is Political Asylum for Ukrainian Citizens in Russia

Temporary asylum in Russia for Ukrainians rights and obligations 2019

The program for the resettlement of compatriots in Russia allows you to obtain a residence permit, and then citizenship through a simplified and accelerated procedure. This procedure for obtaining asylum is general. For Ukrainian citizens there is a simplified scheme for obtaining a temporary residence certificate.

1 Who needs a residence permit
2 How to complete 2.1 Documents
2.2 Procedure for submitting documents
2.3 Responsibilities of permanent residents

3 Preferential conditions

4 Simplified acquisition of Russian citizenship: Video

The application itself is considered no longer than 3 months.
After submitting the documents, within 10 days the foreigner and his family members are required to undergo a medical examination, based on the results of which a certificate is issued (2 copies). In 2021, the specifics of obtaining a temporary residence permit have not yet undergone significant changes, so you will need to go through standard procedures: However, the provision of temporary asylum also has its own characteristics. Who needs a residence permit During 2015, all Ukrainians who arrived in Russia were allowed to freely renew their migration card for another three months.

Features of obtaining temporary asylum in the Russian Federation in 2019

Temporary asylum is an opportunity to receive help and protection from another state for a period until the situation in the homeland stabilizes. This status is described in Resolution No. 271 “On the provision of temporary asylum”, adopted by the Government of the Russian Federation on 04/09/2001. Also, when working with this category of citizens, certain provisions of Law No. 4528-1 “On Refugees” of 02/19/1993 are used. The status can be obtained by: In accordance with the resolution “On provision of temporary asylum”, a foreigner cannot be deported to his homeland without consent. However, he may lose his migrant status, as a result of which he will be asked to leave Russia within a month. Loss of status occurs if: Foreigners and stateless persons can submit an application for migrant status to the Main Department of Migration Affairs of the Ministry of Internal Affairs. This must be done no later than a week after entering Russia. All applications are completed manually and electronic applications are not accepted. The decision to assign status is also made by the authorized body of the Ministry of Internal Affairs. In accordance with Art. 12 of the resolution “On provision of temporary asylum”, the certificate is issued for 12 months. However, it can be renewed for the same period upon expiration. Early termination of status is possible. This happens when a citizen has circumstances due to which a certificate is not needed. For example, obtaining a residence permit, citizenship, and so on. Early termination can also be initiated by the state if the migrant has committed an offense.

Obtaining refugee status for Ukrainians

Each adult member of his family must give him four of his own photographs (with the same parameters), and each minor - two. Refusal by the FMS is possible if the stated reasons seem frivolous or far-fetched to the department employee. It may also be refused to extend the status of a temporary residence permit for reasons similar to those in the case of complete cancellation of the document.

The person is required to provide a passport and a certificate of driver's license, and to state in free-style writing the reasons for extending his current status. The application is satisfied or rejected during the reception of the applicant without charging him or her any payment.

Certificate of provision of temporary asylum for citizens of Ukraine

A statement indicating the reason for leaving your country (the reason is confirmed by the relevant
documents);
Questionnaire;
Photos;
Passport;
Questionnaire;
Information about the completed fingerprinting.

Please note that the extension is valid as long as the reason for obtaining the status exists.
When any conflict in the country ends, foreigners are required to leave the territory of the Russian Federation. After filling out the questionnaire, an interview is conducted with the foreigner. The results are entered into the questionnaire and read to the foreigner with the help of an interpreter. It should be noted that the migration service officer has the right to conduct an individual conversation with the preparation of additional questionnaires.

Temporary asylum in the Russian Federation for citizens of Ukraine

Below we present current information on this topic, based on currently valid Russian regulations, including the previously indicated temporary rules (as amended on October 9 and 29, 2014, as well as on August 8, 2021). If, when checking the information about the applicant and his family members included in the application, no circumstances are identified that prevent his participation in the State program, then a certificate of its participant must be issued within a period not exceeding fifteen working days from the date of submission of the corresponding statements. Verification of information about the applicant and his family members is carried out by authorized Russian government bodies within a period not exceeding ten working days from the date of submission of the relevant application. The general provisions of Russian legislation when foreign citizens receive temporary asylum in Russia are discussed in detail in the articles on our website:

In addition, when obtaining temporary asylum in the Russian Federation for citizens of Ukraine, as a rule, the region (region) of this state from which the applicant and his family members arrived does not matter.

Read about Russian-Ukrainian relations:

Decree for Citizens of Ukraine in Russia in
Renew a Passport in Russia for Citizens of Ukraine
Is it possible for a citizen of Ukraine to serve in Russia?
Child born in Russia from a citizen of Ukraine
Can a Ukrainian Lawyer Work in Russia?

Attention!

Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below.

What to do after moving

After a foreign citizen wishing to obtain asylum has crossed the Russian border, he must adhere to a certain plan of action.

In particular, you need:

Submit an application for status.
Receive a certificate of consideration of the application.
Register at your place of residence.
Pass a medical examination.
Receive a certificate or a reasoned refusal to satisfy the application.
Receive a travel document (for those who have received a certificate).

As a rule, citizens apply for refugee status when they have already crossed the border with the Russian Federation. However, Russian legislation also provides for receiving applications from persons who are still in the territory of their country.

Citizens of another country can obtain refugee status when they send a corresponding application to the territorial body of the FMS, Ministry of Internal Affairs or FSB.

Where should the application be sent before moving?

If a foreign citizen or stateless person plans to temporarily move to the Russian Federation, then he can submit an application to any of the established departments.

These include:

Consulate of the Russian Federation on the territory of the citizen’s country;
Diplomatic representation of the Russian Federation on the territory of the citizen’s country;
border control body of the Federal Security Service (FSB) when crossing the border of the Russian Federation.

Situations are envisaged when foreign citizens cross the border between countries illegally. This means that they cannot submit an application for refugee status to the Russian Federation at the border. The legislation allows such persons to submit a corresponding application to the following departments of their choice:

border control agency FSB;
territorial body of the Ministry of Internal Affairs;
territorial body of the FMS.

Since the Federal Migration Service has transferred to the Ministry of Internal Affairs, the application can be submitted to any department at the place of residence.

Those who crossed the border illegally can submit an application for refugee status only within 24 hours. After this period, citizens may be expelled from the Russian Federation.

Submitting an application

The petition is submitted to one of the types of departments. According to the established rules, starting from 2021 it will be compiled in Russian.

If a person does not have sufficient knowledge to fill out the form, then he is provided with a translator who works free of charge.

If a person moves with minor children, information about them is included in the parent’s application. If children are over 18 years old at the time of crossing the Russian border, then they submit an application on their own behalf.

In addition to filling out the application itself, citizens are required to fill out a survey form, which allows us to consider the reasons for leaving the country as fully as possible.

If a person has documents on hand that confirm the need for a temporary move to the Russian Federation, then they significantly speed up the process of obtaining refugee status. There is no provision for submitting an application electronically; the form must be filled out personally by the applicant in writing.

Consideration of the application

If the application is submitted outside the Russian Federation, the period for preliminary consideration is set at one calendar month. During this time, the application is sent to the competent authorities, studied, and a response is drawn up. In this case, the period is counted from the moment of receipt by the diplomatic consulate or mission, and not from the moment the document is drawn up.

If the application is sent after being drawn up when crossing the border of the Russian Federation, then the consideration period is 5 working days. During the same period, the citizen and his family members receive a certificate that equates them to refugees on Russian territory.

Refugee Certificate

This document is equivalent to an internal passport of citizens of the Russian Federation and is the basis for receiving due benefits and assistance.

A certificate is issued at the branch of the Federal Migration Service in which the citizen registered and issued temporary registration at the place of stay. While the certificate is valid, the refugee’s passport is taken away for safekeeping. Citizens are prohibited from crossing the border for one year for the purposes of their own safety and compliance with the established legislative norms of the Russian Federation.

The certificate has a prescribed form, therefore all documents that go beyond this form are considered invalid. The maximum validity period is 3 years. After the expiration of time, it can be extended for another year.

Political asylum in the Russian Federation and extradition

Political asylum in the Russian Federation.

The issue of granting political asylum is regulated by the Decree of the President of the Russian Federation “On approval of the Regulations on the procedure for granting political asylum by the Russian Federation” (as amended on July 12, 2012). The decree is somewhat outdated, but simple.

When political asylum is impossible to obtain.

In this Decree, the most interesting is paragraph 5, which prohibits the granting of political asylum in the following cases (if, simply, the documents are not given progress):

the person is being prosecuted for actions (inaction) recognized as a crime , or is guilty of committing actions contrary to the goals and principles of the United Nations;

A crime in the Russian Federation is any act for which liability is established by the Criminal Code (Article 14 of the Criminal Code of the Russian Federation). For example, speculation is not a crime in the Russian Federation and a sentence in another country will not allow this clause to be used for refusal. But murder will allow it. A person is declared guilty only after a verdict has been passed against him (Article 49 of the Constitution of the Russian Federation).

Actions that contradict the goals and principles of the UN in a broad sense are acts that infringe on the principles and goals of the UN established by Art. 1 and art. 2 of the UN Charter.

A slightly broader interpretation is given by the UNHCR in its Fundamental Principles of International Protection.

Given the broad and general terms of the purposes and principles of the United Nations, the scope of this category of acts (against the purposes and principles of the United Nations) is rather unclear and must therefore be interpreted in its narrow sense. Indeed, this category of offense is rarely dealt with and in many cases the provisions of Article 1F(a) or 1F(b) apply. The provisions of Article 1F(c) apply only in exceptional circumstances where the activity undermines the very basis of the existence of the world community. This category of crimes includes crimes capable of affecting international peace, security and peaceful relations between States, as well as serious and persistent violations of human rights. Given the fact that Articles 1 and 2 of the UN Charter specifically emphasize the basic principles that should guide states in their relations, it appears that, in principle, only persons holding power in a state or an entity similar to a state are capable of committing such acts. In the case of any terrorist act, the correct application of Article 1F(c) must be based on an assessment of the extent to which the act impinges on international stability - in terms of its gravity, impact on the international situation, international peace and security.

The presence of such an act as a violation of the principles and goals of the UN, of course, must be proven by an appropriate judicial act, or from the act itself it must be clear that the crime is directed against peace or humanity, etc., for which, in fact, the UN was created.

a person has been charged as an accused conviction against him or her that has entered into legal force and is subject to execution by a court on the territory of the Russian Federation.

At this point everything is clear, see Art. 14 of the Criminal Code of the Russian Federation. Any court that sentences a person to prison on the territory of the Russian Federation automatically excludes the possibility of obtaining political asylum.

the person arrived from a third country where he was not at risk of persecution.

In this situation, there may be certain difficulties with the presence of persecution in the territory of the country where the person visited before entering the Russian Federation. For example, New Zealand provides political asylum for a person sentenced in Lithuania. After receiving asylum in New Zealand, you will not be able to go through the same procedure in the Russian Federation. At the same time, if in New Zealand they refused to issue asylum or canceled their existing status on the grounds of prosecution (initiation of extradition, etc.), it makes sense to prove the fact of persecution and on this basis obtain asylum in the Russian Federation.

the person came from a country with developed and established democratic institutions in the field of human rights protection;

The list of countries with democratic institutions is annually approved by the Russian Foreign Ministry . This list is closed for public viewing; in any case, it is not on the website of the Russian Foreign Ministry. In the case of E. Snowden for political asylum in Russia, the country of persecution was the United States. We can conclude that the states do not belong to developed democratic countries in the opinion of the Russian Federation, if Russia is ready to provide asylum to American citizens. This point is the most common reason for the FMS refusal to accept (process) documents for granting political asylum.

the person arrived from a country with which the Russian Federation has an agreement on visa-free border crossing, without prejudice to the person’s right to asylum in accordance with the Law of the Russian Federation “On Refugees”.

Visa-free countries include Ukraine, Belarus, Kazakhstan, Turkey, Brazil and others. Visa-free status is established by agreement between countries.

the person knowingly provided false information;

Providing knowingly false information (327 of the Criminal Code of the Russian Federation) - deliberate distortion of information in the application form, application for asylum, etc. must be excluded by the applicant.

the person has the citizenship of a third country where he is not persecuted.

The classic situation is Ukraine, Russia, Israel. If a person has three passports and is persecuted in only one of these countries, it is impossible to obtain asylum in the Russian Federation.

a person is unable or unwilling to return to the country of his citizenship or the country of his usual residence for economic reasons or due to famine, epidemic or natural and man-made emergencies.

On this basis it is impossible to obtain refugee status, temporary asylum or political asylum, since the very basis for granting political asylum (persecution) is absent. There are plenty of hungry people in Russia too.

The procedure for granting political asylum in Russia.

A person wishing to obtain political refugee status must submit a written application to the territorial body of the FMS within 7 days from the date of arrival in the Russian Federation. The application indicates the reasons for which the person requests asylum and autobiographical data.

At the time of consideration of the application, the person is issued a certificate, which is the basis for the legal presence of the person in the territory of the Russian Federation.

A preliminary consideration of the application is carried out by the FMS (Federal Migration Service), which, after receiving conclusions within a month from the Ministry of Internal Affairs, the FSB and the Ministry of Foreign Affairs of the Russian Federation, sends the application for political asylum to the Commission on Citizenship Issues under the President of the Russian Federation. The commission's conclusion is filed with the case, which is personally considered by the President of the Russian Federation.

Asylum is provided on the basis of the Decree of the President of the Russian Federation, which comes into force from the date of its signing.

Next, the political refugee (as well as his family) receive a certificate and residence permit.

Extradition of a foreigner (using the example of the Republic of Lithuania)

In this case, a foreign citizen is being considered, with a sentence on the territory of the state of which he is a citizen.

The issue of extradition (extradition of a person to serve a sentence) is resolved in accordance with the Treaty between the Russian Federation and the Republic of Lithuania on the transfer to serve a sentence of persons sentenced to imprisonment dated June 25, 2001.

In accordance with this agreement, the decision on transfer is made by the Prosecutor General's Office of the Russian Federation, which may refuse to transfer the convicted person. Although there are not many grounds for refusal, among them there is a remarkable one established by paragraphs. 2 clause 1 art. 4 Agreements:

“The transfer of a convicted person in the manner provided for in this Agreement is not carried out unless the consent of the convicted person is obtained, and in the event of his inability to freely express his will due to age, physical or mental condition, the consent of his legal representative.”

It is difficult to say how this point is applied in practice. Most likely, it is used when a Latvian prisoner in the Russian Federation asks to be sent to a more humane Latvian prison.

At the same time, Chapter 55 of the Code of Criminal Procedure of the Russian Federation provides for the extradition of a foreign citizen based on requests from the competent authorities of a foreign state (court, executive power, etc.). In this case, nothing depends on the will of the convicted person.

The Russian court, which decides on the issue of extradition, may refuse extradition if it considers that the statute of limitations for bringing to justice for the act has passed or the act is not a crime in the understanding of Russian criminal law and some other grounds.