The ban on entry into the Russian Federation. Check entry ban

Federal Law No. 114 acts as a key regulatory act regulating the procedure for the entry of foreigners and persons who do not have citizenship from abroad. To cross the border, the subject must have a visa and documents that confirm his identity. However, in some cases, their presence is not enough, because there is a ban on entry into Russia. Let us further consider in which cases it is installed and what its duration may be.

Grounds

The list of reasons why restrictions can be imposed on a person is contained in the Federal Law No. 114, in article 26. In accordance with the norm, a ban on entry into Russia is established when:

1. Sanitary and customs violations in the process of passing border control. In this case, the ban on entry into the Russian Federation will be valid until they are eliminated.
2. Reporting false information about yourself and the purpose of visiting the country.
3. Bringing the subject to administrative responsibility in Russia 2 or more times in three years. Restrictions in this case are valid for 3 years. The calculation of the period is carried out from the date of entry into force of the last decision.
4. Violation of the rules of departure during a previous stay in the country before the expiration of 30 days after the end of the period of temporary stay in the state. The ban on entry into the Russian Federation is established in this case for 3 years from the day on which the subject left its borders.

The established violations, however, may not in all cases lead to restrictions.

Peremptory norm

Stricter rules are established by Art. 27 of the above law. In accordance with the norm, a ban on entry into the Russian Federation is provided for:

1. There is a threat to the state, a danger to the health / life of the population.
2. Making decisions on the expulsion of a subject from the country or his deportation. In such cases, the ban on entry into the Russian Federation will be valid for at least five years (in case of a single violation, which served as the basis for the adoption of the relevant act) and for at least 10 years (in case of repeated commission of illegal acts).
3. Making decisions on transferring a person to a foreign state in the order of readmission. It applies to entities that violate the rules of entry and stay in the country. The restriction in this case will have the same duration as that set for deportation and expulsion.
4. Existence of an outstanding conviction for a crime of a deliberate nature.
5. Providing fake documents.
6. Evading past visits from paying fines, taxes and other mandatory contributions.
7. The lack of documents required to obtain a visa, medical insurance policy, as well as evidence of the existence of means of subsistence in the territory of the Russian Federation.
8. The commission of past visits of two or more serious violations in the field of public and labor order and security. In this case, the ban on entry into the Russian Federation is set for 5 years.
9. Violation of the term of departure from the country. In this case, the duration of the ban depends on the severity of the misconduct and can range from 3 to 10 years.
   

Nuance

With readmission, a certain indulgence is provided for certain categories of persons. These include subjects in respect of whom it was terminated on the basis established in Art. 32.5 of the Federal Law No. 115. It is a voluntary departure of an alien from Russia. If it was carried out not at the expense of the domestic budget, then the subject is guaranteed the termination of readmission, as well as assistance in establishing identity. The ban on visiting Russia for such a person will be valid for 3 years.

Limitations as an Sanction Tool

The entry ban is often used by various governments against enemy countries. In particular, such measures have been introduced in the USA, a number of European and some other countries. So, the ban on entry to citizens of the Russian Federation in them is connected with the accession of Crimea. Meanwhile, the deputies of our State Duma also do not stand aside. For example, a proposal was put forward to prohibit the entry into Russia of representatives of countries that show unfriendly relations. The deputies called the manifestation of a threat to state interests and the rights of the population as an official basis for establishing restrictions.

Checking the ban on entry into the Russian Federation

You can find out about the presence or absence of restrictions on the official website of the FMS. On the page you need to select the appropriate service, then in the menu that opens you need to fill in the fields. Information is indicated in Russian. The columns are entered:

1. FULL NAME.
2. Floor.
3. Citizenship.
4. Date of Birth.
5. The number and type of the document used to enter the Russian Federation for the last time, the name of the state or organization where it was received.
   

Before sending a request, you must enter the code shown in the picture. The system will provide the information available in the database. Please note that the information is for reference only. This means that the real state of affairs may be different. To obtain relevant data, it is advisable to contact the FMS in person.

Specificity of restrictions

The state bodies with the authority to impose a ban on entry include the FMS, FSB, MVD, FSO, FSKN and several others. It should be said that these authorities are not required to receive comprehensive information about the life of a person in the country. The ban is applied to it on the basis of the information that is present in the database. Clarification of other details concerning the family, children, relatives, personal qualities of the subject is not carried out. The authorized agency is obliged to notify the person to whom it is applied about the fact of the restriction. However, in practice, the notification procedure is formal. In this regard, the subject learns about the existence of the ban directly at the state border crossing, after returning from vacation, arriving to work in the Russian Federation, being in its territory and issuing a SIA, renewing registration, and so on. In order to avoid misunderstandings, experts recommend periodically sending requests to the website of the Federal Tax Service. Checking the entry ban will not only prevent unpleasant situations, but also inform partners or other interested parties in a timely manner. This is especially important in the implementation of foreign economic activity.

How to remove the ban on entry?

It is widely believed that the restriction can be terminated directly on the spot. For example, at the airport, in the FMS unit, in the border control zone. However, this opinion is erroneous. Moreover, the removal of the ban on entry into the Russian Federation is not the responsibility of the department. The legislation provides for a rather complicated procedure. In accordance with the rules, you can apply for the lifting of the ban to the structure that initiated it, or directly to the court, which is located at its location. As practice shows, the authorized departments do not solve the issue, but issue a refusal after a certain time. In essence, the situation can be resolved in court.

Important point

It should be noted that only a lawyer with an official higher education is entitled to represent the interests of a citizen of another state when considering a case. Such a requirement is established by article 55 of the CAS. This means that relatives and spouses cannot protect each other in the absence of a diploma. Many foreigners, meeting with such bureaucratic obstacles, decide not to continue the struggle and return to their states. Some are trying to illegally enter Russia. In case of capture, violators are threatened with imprisonment or deportation.

Help of lawyers

As experience shows, in many cases it is possible to lift the ban on visiting the Russian Federation. Moreover, the procedure can be carried out in two to three months. Having dealt with the situation, you can legally be in the territory of the Russian Federation, work and live in peace. Of course, there must be appropriate grounds for resolving the issue. The conditions of a foreigner's past stay in the state are taken into account. One of the necessary measures is considered to be the appeal procedure of the relevant decision. In many cases, when people begin to take some steps on their own, but encountering obstacles and throwing a venture, it often turns out that with a competent approach it was possible to resolve the situation in favor of a person who was banned. Often, difficulties arise because people themselves begin to confuse the situation. In this regard, it is advisable to immediately contact a qualified lawyer. This is all the more relevant if the resulting ban can harm the business or the reputation of the subject.

Conclusion

The ban on entry for many citizens creates big problems. The situation will become especially difficult for those who did not know about the existence of restrictions. At present, there is a public information base that contains information about all prohibitions introduced. It is advisable to periodically check the information on the FMS website. In general, in order to prevent the establishment of restrictions on entry, it is enough to comply with the requirements of the law not only directly at the border, but also when living on the territory of the Russian Federation. This means that a person located in the country must have all the documents confirming the legality of his stay. It is important to comply with the provisions of the Constitution and federal laws. If the subject does not commit violations, timely and fully comply with the obligations imposed on him by regulatory acts, no prohibitions threaten him. Accordingly, he can live in peace, without worrying about the likelihood of being expelled from the state.