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RUSSIA: A New Law Has Been Enacted

Under a new federal law (#142-FZ) dated April 6, 2014, as of August 4, 2014, the following groups of people must file notification: Russian nationals who permanently reside in the territory of the Russian Federation and those who:

A. have another foreign citizenship or permanent resident status or any other valid document that gives the right to permanently reside in a foreign country;

B. have obtained another foreign citizenship or permanent resident status or any other valid document that gives the right to permanently reside in a foreign country;

C. are a Russian national who is a legal representative of a Russian national who is under 18 years old or incapacitated;

D. are a foreign national who is a legal representative of a Russian national who is under 18 years old or incapacitated; and

E. citizens of the Republic of Crimea (the rules will be applied to this group of people as of January 1, 2016).

Russian citizens who permanently reside outside of Russia do not need to file this notification.  This includes those who have the relevant mark in their Russian passport and/or departure sheet in accordance with Federal Migration Service (FMS) Decree (#288) dated November 9, 2012.  Registration at the Russian consulate abroad does not affect the status of a Russian national.

The notification should be filed in the following cases and within the following terms:

  • As of August 2014, those who possess another foreign citizenship or permanent resident status or any other valid document that gives the right to permanently reside in a foreign country, within 60 days;
  • Those obtaining another foreign citizenship or permanent resident status or any other valid document that gives the right to permanently reside in a foreign country, within 60 days as of the date of obtaining another foreign citizenship or permanent resident status or any other valid document that gives the right to permanently reside in a foreign country.

The date of obtaining another foreign citizenship or any other valid document that gives the right to permanently reside in a foreign country, and the status of the document that gives the right to permanently reside in a foreign country, are defined in accordance with the internal legislation of the relevant foreign country.

The authority responsible for receipt of notifications is the regional office of the FMS:

  • based on the place of permanent residence within the territory of the Russian Federation; or
  • failing this, based on the place of temporary stay within the territory of the Russian Federation; or
  • failing both, based on the place of actual location within the territory of the Russian Federation.

Notifications can be filed in person, or in the stipulated order by post, provided a sender presents his or her Russian passport or other identification document valid in the territory of the Russian Federation.  The notification can be sent to the address of the regional FMS office only through the official Post of Russia.  It is essential that the list of enclosures contains the stamp of the Post of Russia.

If a Russian citizen located abroad files a notification in accordance with the aforementioned provisions, he or she should send it to the Russian Federation via the Post of Russia.  Russian consulates are not authorized to accept such notifications.

The FMS has not yet approved the form of such a notification.  However, the law stipulates the list of information that should be included in the notification:

a) full name;

b) date and place of birth;

c) place of residence (failing this, place of stay; failing both of these, actual location);

d) number of Russian passport or other identification document valid in the territory of the Russian Federation;

e) proof of foreign citizenship, number and date of issue of a foreign passport or another document confirming foreign citizenship, and/or indication of a permanent residence document in a foreign country, its number and date of issue;

f) date and grounds for obtaining another citizenship or obtaining the document that gives the right to permanently reside in a foreign country;

g) information on renewal a permanent residence document in a foreign country or about receipt of a new relevant document;

h) information on application for withdrawal of citizenship or residence in a foreign country (if applicable).

The list of required documents includes:

  • A copy of the passport of a foreign country or another document that gives the right to permanently reside in a foreign country;
  • A copy of a Russian passport.

Failing to file such a notification is punishable by a fine of up to 200,000 rubles or in the amount of the salary or another source of the person's income for up to one year, or by compulsory community service for a term of up to 400 hours.

A violation of the stipulated order for notification filing by an untimely filing, filing of incomplete information in the application, or deliberate misrepresentations is subject to administrative fines of 500 to 1,000 rubles.

The FMS has authority over compliance with these requirements.  Due to the lack of subordinate legislation on this issue, it is not possible to clarify control procedures.

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