Russia cancel the mass expulsion of illegal immigrants, which could begin in the spring

They are postponed for three years - in the evening of December 9, the State Duma adopted the “generally” appropriate law, they are not expected from the Federation Council. The prosperous majority is unlikely to represent what abomination we bounced from.

What scale are we talking about? All data is valuable.

On December 2, the president held in St. Petersburg a meeting of the Council for Culture and Art and the Council in the Russian Language. By the way, Vladimir Putin noted: “In our country, as well as in the United States, there is an approximately equal number of people who are in an illegal or semi -legal position, these are over 10 million people. And, of course, we must keep this in mind, since it causes legitimate concern and irritation among the local population, especially in large Russian cities. ”

The first of January could be a black day, of course, not for all 10 million.

January 1, 2017 ends the action of Chapter VIII.1 of the Law “On Citizenship of the Russian Federation”. She simplified the legalization:

a) having the citizenship of the USSR and who arrived in the Russian Federation until November 1, 2002, if they do not have other citizenship, a residence permit or residence permit in a foreign state;

b) their children;

c) those who received a passport of a citizen of the Russian Federation before July 1, 2002, but who subsequently did not determine the “existence of citizenship of the Russian Federation” having citizenship of a foreign state, provided that they do not have a real document confirming the right to live in a foreign state.

According to the Ministry of Internal Affairs, this chapter facilitated the registration of citizenship (it was not required to seek permission for temporary residence or residence permit, present data on the source of funds for existence, take an exam in the Russian language) more than 70 thousand compatriots, but used its norms 45 thousand. The rest - at least 25 thousand people - were obliged to leave Russia. The Law of November 12, 2012 established the deadline: until March 31, 2017 (no later than three months from the date of expiration of Chapter VIII.1), otherwise - deportation.

The bill, extending the action of this chapter for another three years, was introduced in November by the first deputy chairman of the CIS Constantine Committee Konstantin Zatulin. On December 8, on the eve of the consideration, Irina Yarovaya was added to the project initiators. And the Duma supported him. It is noteworthy that the legislative requirement of the deportation of former compatriots, that is, the results of the previous composition of the Duma, the composition of the current (not to say that the very different) called the "discrediting of the Russian Federation".

"Unable to try out the National Guard"

Meanwhile, the HRC, meanwhile, recommends that the immigration amnesty for compatriots who became “involuntarily” because of the imperfection of the legislation. The relevant letters from the presidential administration were sent to the first persons of all departments involved in migration. As the chairman of the executive committee of the “Forum of Migrant Organizations” Lidia Grafova writes, “Unfortunately, the answers have been received so far.”

Where did they want to deport all these people? Or are they going to deport after three years? They have been living in Russia for at least 14 years (someone all their lives), many of them are Russian and indigenous Russians. Where are them?

The President of the Ural Association of Refugees, a consultant-expert of the Public Chamber of the Sverdlovsk Region Lyudmila Lukasheva speaks of the need for urgent measures: “If at least one department responded to our previous appeals, we would not have to warn the humanitarian catastrophe in an aral regime, to which the society is not to be pushed by the National Guard.” This is a quote from Lukasheova’s letter of December 9, when it was still unknown how the Duma would react to the Zatulin project. And this letter was sent to Sergey Chanipolo, the Siberian President of the President. Why is he? Because Natalya Corver, the heroine of the series of publications of Novaya Gazeta (No. 131 for 2011, No. 105 and 134 S.G.) lives in Krasnoyarsk. Constitutional law Corver to change citizenship was appropriated by officials. They refuse her that she is a Russian citizen.

Meanwhile: N. Corover was born on 10/28/1961 in Krasnoyarsk. Her mother, Ignatova Alexandra Vasilievna, a native of the village of Novo-Mikhailovka of the Partizan District of the Krasnoyarsk Territory, was a citizen of Russia by birth, did not stop Russian citizenship, and did not acquire otherwise. Her father, Ignatov Viktor Pavlovich, a native of the village of Osipovka, Turukhansky district of the Krasnoyarsk Territory, was a citizen of Russia by birth, did not stop Russian citizenship, and did not acquire other things. “The carver acquired the citizenship of the Russian Federation at the time of its birth and continues to be in it, because it did not apply for its termination,” I quote an expert opinion from Lukasheva. Yes, at the time of the collapse of the USSR, the carver constantly lived in the territory that went to the Republic of Ukraine. But since the Russian Federation does not have a double citizenship agreement with Ukraine, the authorized bodies of the Russian Federation do not have the right to recognize a carver of the citizen of Ukraine. “Another interpretation of the law and the actions following them actually arbitrarily without the free will of the citizen deprive the carver of legally acquired Russian citizenship, violate Article 6 of the Constitution, and will diminish the dignity of her personality.”

In history, a carver with all clarity reflects some essential features of Russian statehood. With her desire to make everyone outwardly, with the distribution of Russian passports to foreign artists, residents of South Ossetia and Abkhazia, with the struggle against the “arbitrary deprivation of citizenship” as a tool of Riga and Tallinn. With the endowment of two million Crimeans by Russian passports, which did not prevent their Ukrainian passports, and the casing of the refusal to recognize its Russian citizenship due to the same Ukrainian passport.

“Judging by the behavior and answers sent by the leadership of the local migration department, there are no specialists competent in its structure in terms of determining the citizenship of the Russian Federation,” Lukasheva writes. - Unfortunately, this is typical not only for Siberia. We know an isolated case when the leadership of the local migration department has positively responded to a civil initiative to self -determine the status of citizenship. It was in the Chelyabinsk region. In our region, despite the positive judicial practice, the already former UFMS, led by the former boss, entered into an open confrontation with citizens and for years arranged bureaucratic red tape around the reluctance of compatriots who had not lost their citizenship of birth, get a passport without re -acquiring citizenship. ”

Corruption in standby mode

At the Anti -Corruption Forum in Yekaterinburg on December 5 and 7, organized by the regional public chamber, stated: reforming the FMS is held closed. October appeals of Lukasheva to the first deputy head of the Ministry of Internal Affairs Alexander Gorovoy, in four Duma factions with proposals for reforming the FMS remained unanswered. And there is no reason to wait for changes for the better.

“Currently, corruption in the field of migration has passed into the standby mode (for the period of reforms), but also the activities of the migration department for the implementation of basic functions (passporting, determining the presence of citizenship, execution of the court decision on migration disputes). Until now, not a single court decision has been fulfilled, which has entered into force by disputes that has passed under the control of our organization and its partners, ”says Lukasheva.

She asks Manyo to entrust the chief Fed The Special Inspector in the Siberian Federal District to take under personal control of the compliance with the rights of the carver.

After the release of our last note about the Corver case, Colonel Irina Muzhetskaya, the head of the information and public relations of the regional Ministry of Internal Affairs, called me, and invited the FMS to the head of the former territorial department of the FMS for constructive dialogue, now the Office for Migration of the Regional Ministry of Internal Affairs. I am not a walker to this office, because listening for the 129th time the same arguments, why the carver was never a citizen of the Russian Federation and why it should be expelled in a good way is pointless. Carver - where to go - went. She went out and confirmed: the argument does not change.

Listen. All independent lawyers, who were addressed by both I and the Corumber, say: the citizenships of the Russian Federation and the RSFSR - the same thing, only renaming was held. See, for example, the Law of the RSFSR dated December 25, 1991 No. 2094-I: “The state of the Russian Soviet Federal Socialist Republic (RSFSR) will continue to be called the Russian Federation (Russia)”. And-nothing about the termination of someone else's citizenship. A citizen of Russia by birth (it doesn’t matter what the state was called - the Russian Empire, the RSFSR or the Russian Federation) remains its citizen forever, unless he refers to citizenship.

There are definitions of the constitutional and supreme courts, where it is explained that persons who had Russian citizenship by birth do not lose it due to the automatic adoption of citizenship of the CIS countries and by virtue of residence outside Russia. But to whom and how to poke these definitions?

Only now, the authorities have been preoccupied with many years of ignoring the decisions of the Constitutional Court - the bill introduced by the president, which must terminate this practice, the State Duma adopted on December 9 in the first reading. The interpretation of laws from the Constitutional Court will be unconditional for state bodies and a priority for ships when considering complaints of citizens about violation of their legal rights and freedoms. The bill stipulates the need to revise previously made decisions on such cases.

The president says

Returning to a meeting in St. Petersburg on December 2. The President, in particular, noted: "I have repeatedly drawn the attention of the government that issues related to the acquisition of Russian citizenship, especially certain categories of citizens of the former republics of the Soviet Union, should be most screened."

That is, the president is already tired of saying one and the same as an official.

Well, if Putin does not hear, I don’t know if it makes sense to repeat the common truths to the newspaper. And yet.

Once again: no officials, even the greatest, have the right to take citizenship from a person. The people, their personal composition, even if they do not like them at all, are not in their competence. Blood and soil - ancestors and place of birth - are not controlled by them.

The secondary state can record the movement of primary blood and soil, but you really can’t try to command them.

The legislation of Russia, in fact, claims this.

All that is required of migration officials in the Corver case is to fulfill their functional duties. The first paragraph in their powers is “determining the presence of citizenship of the Russian Federation in persons living in the territory of the Russian Federation”. And it should be determined on the basis of legislative acts of the Russian Federation, the RSFSR or the USSR, international treaties of the Russian Federation, the RSFSR or the USSR. In other words, officials must conduct a regulated by law for a verification of the carover of citizenship of the Russian Federation (it will be immediately discovered) and give it a passport of a Russian citizen, and not be interested in whether she received citizenship of Ukraine and what is the legislation of Ukraine? What do they care about Ukraine?

But the authority of the Russian Federation does not have authority to recognize indigenous Russians by citizens of the Russian Federation. And there are no such laws on the basis of which they could do this.

Lukasheva proposes to announce a competition for the development of a program for advanced training of employees of the Ministry of Internal Affairs “Competence“ Citizenship of the Russian Federation ”, to teach this competence the entire leadership of the Ministry of Internal Affairs of the Ministry of Internal Affairs on migration and its territorial structures. The State Duma could take care of this, if only three years later, they did not have to look for those who discredit Russia.

And Lukasheva also proposes to announce the competition for the development of the electronic public service “Determining the presence/absence of citizenship of the Russian Federation” on the basis of the technology for determining citizenship of the Ural Association of refugees (by the way, the laureate of the National Premium “Civil Initiative”).

Corumber:

- I am talking about this computer program since 2005, after my court decision. You enter the place of birth, the presence/absence of a decision to terminate Russian citizenship; the availability of a statement on the acquisition of foreign citizenship in the order of optation (i.e. voluntary choice) to two -way international treaties on the simplified manner of acquiring citizenship of another state (Kazakhstan, Kyrgyzstan), etc. And the piece of iron will not lie to me in the eyes and compose fables about the optation in the absence of a bilateral international citizenship treaty, the termination of the existence of the RSFSR and will not carry another folly that is ashamed to listen. Just: to test. But then you will have to how to reduce the regular number of the Ministry of Internal Affairs ... It’s a pity that my son will not be able to participate in such a competition - not a Russian ... But the programmer, although the authorities did everything possible so that I could not give him an education.

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This is an obvious injustice, by any standards - not to recognize Russia's citizenship for Russians by blood, by birth, which have never abandoned this land. No one is given to take away from a person his right to citizenship, to his homeland. It is natural or, if you like, given by God.