The Constitutional Court examined the complaint of a foreigner who was not allowed to leave the Russian Federation

The Constitutional Court of the Russian Federation considered the case of verification of the constitutionality of the provisions of the laws "On the State Border of the Russian Federation", "On entry into the Russian Federation and departure from the Russian Federation" and the Code of Administrative Offenses. The reason for this was the complaint of a citizen of Nigeria Uvangue Hudson Ebuva, according to the court website .

“In January last year, the applicant was going to fly out of Moscow to his homeland. Nigeria citizen was legally in Russia, having permission to temporarily stay (RVP). Despite this, he was not allowed to leave the country, and then was fined three thousand rubles for violation of the border passage,” the message said.

Employees of passport control at the airport considered that for departure from Russia, a citizen of Ebuva had to have a valid visa or residence permit. RVP, in their opinion, did not provide such an opportunity. The court in which the applicant disputed the decision on a fine, agreed with a similar interpretation of the law, the Constitutional Court of the Russian Federation notes.

The applicants consider the restriction of the right to leave the unjustified, excessive and violating the principle of equality before the law. In their opinion, this was facilitated by the uncertainty and inconsistency of the contested provisions. The applicants demand to recognize these norms by the relevant articles 19, 27, 45, 46, 55 and 62 of the Constitution of the Russian Federation, the court notes.

The side of the applicant was taken by the representative of the Commissioner for Human Rights Ella Pamfilova Anton Bazhanov. He believes that a foreigner has become a "hostage in the country of his temporary residence."

Lawyer Uvangue, Associate Professor of the Higher School of Economics, Viktor Mikhailov added that the situation of the Nigerian is typical. “I asked the“ Civil Assistance ”committee (specializing in the help of migrants) and lawyers who are professionally engaged in such matters,” said Mikhailov, whose words quoted “Fontanka.ru.” “They say that many foreigners are forced to go to the federal migration service asking them to deport them from Russia. FMS officers often study documents, look for mistakes and violations, look for mistakes and violations, look for mistakes and violations To administratively expel the petitioners. "

Mikhailov is sure: Russian legislation is "obviously inhumane and repressive." In other countries, migrants with RVP, but they are fined without a visa, but at least go home, adds a lawyer. The lawyer Irina Biryukova, who collaborates with “civil assistance”, says that only this public organization has been faced with a dozen similar cases over the year, therefore, hundreds of them are taking place in the country.

Representatives of the State Duma and the Federation Council noted that the Nigerian to the Nigerian had to be extended automatically when issuing a permit, but "there was some inappropriation with the FMS employees." A special statement is not necessary for this. Officials announced the need to improve law enforcement practice, "so that there are no such situations," for example, to introduce special forms. The representative of the Prosecutor General’s Office proposed to improve administrative procedures and amending the administrative regulations, RIA Novosti reports.

After listening to the opinion of the parties, the court retired to the meeting. The decision in the case of the Constitutional Court will be announced publicly in a few weeks. There is a chance, he will agree with the position of the Nigerian, he believes "Fontanka.ru".

According to Sudya -Rosom, Konstantin Aranovsky, the constitutionality of the challenged laws is "non -obvious", and the practice of their application is "contradictory", and the Supreme Court did not summarize it. For example, in 2014, a similar incident with a citizen of Serbia took place in Khimki, and the court decided that a foreigner was not a violator.