On March 17, 2006 in the State Duma of the Russian Federation have passed in the first reading the following projected federal laws: ?On migration registration (record) of foreign citizens and persons without citizenship in the Russian Federation? and ?On entry of amendments into the federal law of the Russian Federation ?On legal status of the foreign citizens in the Russian Federation??.
The main contents of the projected federal law ?On migration registration (record) of foreign citizens and persons without citizenship in the Russian Federation?:
General liberalization of legal norms regarding the rules of stay of foreigners in the Russian Federation. The foreigners arriving at the Russian Federation shall be obliged to be registered in the authorities of the Federal Migration Service of Russia, but the registration is going to be arranged by the notification method. Former (currently valid) permissive method shall be allowed only in the closed administrative territorial districts, border zones, military towns, ecological disaster zones, zones of conduction of the anti-terrorist operations.
Also is supposed that the registration of a foreigner in the RF shall be possible not only at the place of residence (stay) but also at the place of employment.
The main contents of the projected federal law ?On entry of amendments into the federal law of the Russian Federation ?On legal status of the foreign citizens in the Russian Federation?.
The projected law is aimed at the simplification of migration procedures associated with the obtaining of status of the temporary resident of the Russian Federation, mechanism of employment of foreign citizens and persons without citizenship as well as at the excelling of the state regulation of the foreign labor market.
A number of innovations of the projected law are related to the granting of the legal benefits to the citizens of the foreign states with which the Russian Federation has signed agreements about the mutual visa-free trips of citizens. The new regulation, first of all, will be applicable to the citizens of the states ? members of CIS (Commonwealth of Independent States). It is supposed to provide the possibility for the foreign citizens, arriving at the Russian Federation, by the visa-free method, to obtain the temporary residence permits without taking into considerations the quotes, on the basis of the application with the subsequent, within a month, submission of other necessary documents.
The foreign citizens constantly and temporally residing in the Russian Federation shall be released from the obligation of the annual re-registration.
The possibility is proposed that the foreign citizens who have arrived in Russia by the visa-free method will be able to independently obtain the work permits within 10 days from the date of application submission. The employers shall be entitled to employ such foreign employees without obtaining the employment permit, but only subject to compliance of the foreign employee with the compulsory requirements towards the health condition, profession, occupation and qualification, as determined by the legislation.
Simultaneously with simplification of the migration procedures for the foreign citizens shall be provided the subsequent development of state regulation tools in the migration area.
For the purpose of regulation of the migration flows of the foreign citizens the Government of the Russian Federation shall be authorized to increase or reduce the determined 90-days period of the temporary stay either for whole Russia or on the territory of one or several subjects of the Russian Federation for particular categories of foreign citizens.
This measure can be applied for the purpose of provision of the national security, support of optimal balance of the labor resources, assistance to the priority employment of citizens of the Russian Federation.
The offered by the projected law additions to the existing mechanism of determination of the labor migration quotes are substantiated by the fact that the current mechanism of determination of the quotes for issue of letters of invitation for entry into the Russian Federation for the purpose of conducting of labor activity is not efficient. The indicated quotes are not applicable to the most multiple category of labor migrants ? CIS citizens having the right for the visa-free entry into the Russian Federation.
The new migration quotes will, in turn, provide the opportunity to register not only the quantitative but also the qualitative (profession, qualification) features of the labor migrants and to regulate the migration flows on the federal level and on the level of subject of the Russian Federation.
The projected law shall determine that the foreign citizens will be able to work only within the borders of subject of the Russian Federation, for work on the territory of which the work permit has been issued.
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