This article is to tell people who wish to come to Russia about the rights and responsibilities they would have in the country, i.e. the legal status a foreigner has in the Russian Federation. This article is to start with the Russian legislation on the legal status of the foreigners in the Russian Federation. Then we will refer to the rights of the foreigners and compulsory registration of the foreign citizens in the Russian Federation.

Legislation on the Legal Status of the Foreigners

The legislation on the legal status of the foreigners involves several federal laws, laws and other legal documents which contain the norms regulating the activities of the foreigners in Russia. This legislation is based on the Constitution of the Russian Federation and the international treaties of the Russian Federation. A foreigner should therefore refer to the following documents:

– Federal Law on the Legal Status of Foreign Citizens in the Russian Federation No. 115-FZ of July 25, 2002;

– Resolution of the Russian Government No. 789 on Approval of the Regulations on Issuing Temporary Residence Permits to Foreign Citizens and Persons Without Citizenship;


– Resolution of the Russian Government No. 794 on Approval of the Regulations on Issuing Permanent Residence Permits to Foreign Citizens and Persons Without Citizenship

– Resolution of the Russian Government No. 188 of April 2, 2003 on the List of Infectious Diseases which can be the grounds for refusal or revoke of residence permits for foreign citizens and persons without citizenship;

– Resolution of the Russian Government No. 1158 of November 25, 1995 on the Requirements to the HIV Certificate of foreign citizens and persons without citizenship;

– Resolution of the Russian Government No. 941 of December 30, 2002 on the Issue of Work Permit to the foreign citizens and persons without citizenship;

– Resolution of the President of the Russian Federation No. 2146 of December 16, 1993 on Foreign Labour Intake and Use (in the part which does not contradict to the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation No. 115-FZ of July 25, 2002)

– Other relevant legal documents.


Rights of the foreign citizens in the Russian Federation

The general rule is that the foreign citizens in the Russian Federation enjoy the same rights and have the same duties as the citizens of the Russian Federation with the exception of the cases stipulated by the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation No. 115-FZ of July 25, 2002. The Federal Law on the Legal Status is one of the main laws in this field. It regulates relations between foreign citizens, authorities and their officials arising in connection with the stay or residence of foreign citizens in Russia and their performance on the territory of Russia.

According to this law, foreign citizen is a natural person who is not a citizen of the Russian Federation and who has proofs of his citizenship of a foreign state. Person without citizenship is a person who is not a citizen of the Russian Federation and who has no proofs of his citizenship of a foreign state.

The documents identifying the person of the foreign citizen in Russia involve the passport or another document established by the federal law or recognize in conformity of the international treaty of the Russian Federation as a document identifying the person of a foreign citizen.
For the person without citizenship the list of the documents is the following:

1) the document issued by the foreign state and recognized in conformity with the international treaty of the Russian Federation as the document identifying a stateless person.
2) Temporary residence permit;
3) Permanent residence permit;
4) Other documents stipulated by law or treaties

As for the rights, the foreign citizens have the right for the freedom of movement in Russia for personal and business purposes on the ground of the their documents with the exception of the special territories, organizations and objects requiring a special entry permit.
But a foreign citizen temporarily residing in Russia has no right to change at his own wish the place of residence within the boundaries of the subject (region) of Russia where he is permitted to temporarily reside or to choose the place of his residence outside the boundaries of this subject of the Russian Federation. Officers of the diplomatic authorities and consulates in the Russian Federation, employees of international organizations as well as the foreign journalists accredited in Russia have the right of movement within the boundaries of the Russian Federation with the exceptions of the special territories, organizations and objects requiring a special entry permit.

Having entered into the Russian Federation, a foreign citizen has to register in the federal Internal Affairs bodies within 3 working days of the date of arrival.

They also have right to obtain temporary or permanent residence permits or temporarily stay in Russia following certain requirements. More on this in the article Residence in Russia – Legal Issues in the Visa section of Russian Courier.

Foreigners in Russia have no right to vote in the elections and to be elected to the federal and regional bodies of authorities or take part in federal or regional referendums.

Foreign citizens enjoy the right to freely dispose their labour abilities and to choose the kind of activity and profession as well as the right to use freely the abilities and property to run the business and other economic activity which is not prohibited by the law and following the restrictions stipulated by the federal law.

A foreign citizen has no right to:
1. be public or municipal servant;
2. be a member of the crew of a ship sailing under the state flag of Russia;
3. be a member of the crew of a military airplane or another plane flying with non-commercial purposes as well as the aircraft of the state or experimental aviation;
4. be the commander of a civil aircraft;
5. work for the organizations dealing with the security of the Russian Federation;
6. be engaged in the activities and fill the positions restricted to the foreigners.

The foreign citizens can not be called up for the military service or for an alternative civil service, have no right to serve there on voluntary basis and can not work for the Army of the Russian Federation or work in the other troops, military divisions and bodies as a civil employee.

For more information see also the article Residence in Russia - Legal Issues.

Evgeniya Stroganova