New amendments to the Administrative Code will create additional problems for religious organizations

In the January issue of the bulletin of non-governmental organizations "The legislative process in the State Duma: a human rights analysis" Lev Levinson analyzes the Federal Law "On Amendments to the Code of the Russian Federation on Administrative Offenses" adopted by the State Duma on October 20, 2006 (in terms of strengthening responsibility for violating the order attracting foreign citizens and stateless persons to work in the Russian Federation). (It was signed by the President on November 5, 2006)

With the adoption of this law, L. Levinson notes, "the responsibility for violating the regime of stay of foreign citizens and stateless persons on the territory of the Russian Federation, as well as for their illegal involvement in labor activities" was significantly toughened. Some innovations will complicate the activities of NGOs that employ foreigners (including volunteers). Since the same problems will arise in religious organizations, we present the relevant fragments of the review prepared by L. Levinson:

"3. Amendments to Article 4.5 ("Prescription period for bringing to administrative responsibility")

Violation of immigration rules, the rules of stay (residence) in the Russian Federation of foreign citizens and their involvement in labor activities are classified as offenses with a long statute of limitations for prosecution, which is now for these offenses not the generally accepted two months, but one year.

<...>

1. Supplementing the Code with Article 18.15

The new article 18.15 establishes responsibility for engaging a foreign citizen in labor activity if he does not have a work permit (part 1), or without an employer obtaining permission in the prescribed manner to attract and use foreign workers, if such permits are required in accordance with federal law ( part 2).

According to note 1 to this article, engagement in labor activity means admission in any form to the performance of work or the provision of services, or other use of the labor of foreigners. The latter makes us think about non-profit organizations that use (even occasionally) the labor of foreign volunteers, which fully falls under the definition of "other use of labor."

The sanction for this offense is for citizens from 20 to 50 minimum wages, for officials - from 250 to 500 minimum wages, for legal entities - from 2500 to 8000 minimum wages (i.e. 800,000 rubles). If the organization is found guilty, it is possible, at the discretion of the migration official, to suspend its activities for up to three months.

According to part 3 of article 18.15, which comes into force on January 15, 2007, it is an offense to not notify the migration authority, the employment service or the tax authority about attracting a foreigner to work, if such notification is provided for by federal law. Citizens will have to pay for sluggishness with a fine of 20 to 50 minimum wages, officials - from 350 to 500 minimum wages, legal entities - from 4,000 to 8,000 minimum wages with a possible suspension of activities.

<...>

1. Supplementing the Code with Article 18.17

<...>

Part 3 is devoted to foreign legal entities. For non-compliance with the established restrictions on the implementation of certain types of activities, they are punished with a fine of 8,000 to 10,000 minimum wages or suspension of activities for 90 days. It is important to note that the type of activity prohibited to foreigners does not have to be related to the sphere of trade and services. This may also be the activity in Russia of foreign (international) NGOs implementing programs that are not coordinated with Rosregistration.

<...>

1. Article 18.10 (“Illegal exercise by a foreign citizen or stateless person of labor activity in the Russian Federation”), which was previously in the exclusive competence of judges, is assigned to the authorities authorized to exercise control and supervision in the field of migration, i.e. FMS and its territorial divisions. The case under this article is now considered by the judge only if the migration authorities take this case to court (changes to part 2 of article 23.1 and to article 23.67). The same procedure is provided for under the new Articles 18.15 - 18.17, 19.27".

Levinson L. The price of "simplified procedures" // Legislative process in the State Duma: human rights analysis. 2007. Issue. 106: Review September 2006. January 20th.