In this material we will talk about the problem, which is now very relevant for the citizens of the former USSR, regardless of their nationality (especially for citizens of Ukraine, Moldova, Tajikistan, Armenia, Kyrgyzstan). We are talking about banning to visit Russia. Each person who willed fate had to face this problem, perfectly felt what trouble could deliver: the impossibility of meeting with relatives, with partners at work, etc. If you do not remove the restriction, it will legally cross the border of the Russian Federation will not be possible, not to mention the possibility of standing on migration records, acquire a patent to work, get approval for temporary housing, a residence permit, etc.
By 2016, the FMS forbidden to enter Russia more than 2 million foreigners, and 600 people from the total received a lifetime ban. Recently, Russia's migration policy has changed a lot, so the question of the removal of this prohibition is rather acute.
Who forbids entry into the territory of Russia, grounds, deadlines
It is worthwhile to know that not only FMS can restrict the possibility of entering Russia, but it is she who makes it more often everyone else. A complete list of bodies that can affect the right entry is contained in the list of federal bodies. In it, for example, it is possible to detect: the Ministry of Defense of Russia, the Ministry of Internal Affairs, the SBR, FMS, FSKN, FMID, FSIN, FCS and others.
The basis of the prohibition is contained in Art. 26-27 "On the procedure for departure / entry from the Russian Federation." Differences between articles are that in Art. 26 The ban takes place to be, but it may not be delivered; in art. 27 The cases are prescribed when the ban is necessary. Naturally, remove the ban under Art. 26 will be much easier than under Art. 27. The main reasons for establishing the prohibition is the violation of the rules of finding in Russia or the commission of one or several administrative disorders within 1-3 years.
Bans are usually established for a period of 3, 5, 10 years (in rare cases - life) depending on the cause. By the way, to replace or mitigate the term of the prohibition can not be administrative or in court, because the current legislation did not consider such an option.
Where to check the fact of presence / absence of prohibition
If you need to make sure that there are no prohibition, it is worth visiting the FMS page and fill out the form link. The page will sufficiently indicate the details of the documents that make the identity. You can get the answer immediately. If there will be no reason to install the ban, then the site will notify you about it (the information will not be legal value).
Process removal process
In some cases, the ban can be removed, but for this you will have to wait, as well as legal knowledge or lawyer. There are two ways to remove the ban:
- by sending an appropriate application to the body that set this ban;
- by sending a claim to the court at the location of the body, which set the ban.
In any case, a simple action algorithm should be followed. At the beginning it will be necessary to find out which authority has put a ban, and for what reason. This information will be required to make a statement of claim and send it to court. You can get information about the answer to the territorial division of the FMS of Russia. The deadline for receipt is usually 1.5 months.
After receiving the answer, it is necessary to submit a legally reasonable petition to the body that has established a ban. For example, if the ban installed the UFMS of Russia, it is necessary to contact only in the Zamoskvoretsky Court of Moscow (it is recommended to charge it with experienced lawyers). Note that representatives can act exclusively to those who have a higher legal education.
Now just remains to wait for the results. If the court decides to prohibit on finding in Russia illegal, then the court decision will enter into force after 1 month. In general, the period for removing the prohibition is 3-6 months in independent work, and 1.5-3 months with a lawyer.
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