|
DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION NO. 928 OF JULY 19, 2004 "QUESTIONS OF THE FEDERAL MIGRATION SERVICE" (with the Amendments and Additions of October 6, 2004, May 7, 2005)
For the purposes of THE provision of guarantees for human and civil rights and freedoms in the sphere of migration in keeping with Article 32 of Federal Law No. 2-FKZ of December 17, 1997 on the Government of the Russian Federation, and pending the adoption of the respective federal laws, I hereby resolve as follows:
1. To approve the appended Regulations on the Federal Migration Service.
Decree of the President of the Russian Federation No. 1285 of October 6, 2004 amended Item 2 of this Decree
2. To allow for the Federal Migration Service to have six deputies of the director, including one first deputy director, and also up to 13 administrations for the key spheres of activity of the Service.
Decree of the President of the Russian Federation No. 516 of May 7, 2005 amended Item 3 of this Decree
3. To establish:
a) a maximum of 18,135 staff members to be employed by the Federal Migration Service and its territorial bodies (without guards and the personnel servicing the buildings), including 12,290 staff members of the internal affairs agencies of the Russian Federation, 3148 federal public servants and 2697 workers;
b) a maximum of 399 staff members to be employed by the Federal Migration Service central staff (without guards and personnel servicing buildings), including 160 staff members of the internal affairs agencies of the Russian Federation.
4. To transform the missions of the Ministry of Internal Affairs of the Russian Federation in the Republic of Armenia, the Kirghiz Republic, the Latvian Republic, the Republic of Tadjkistan and Turkmenistan into missions of the Federal Migration Service in the said states.
5. To establish that pending the adoption of the respective federal laws:
a) the commanding officers of the internal affairs agencies of the Russian Federation serving with the Federal Migration Service shall be regarded as staff members of the internal affairs agencies of the Russian Federation and attached to the Service in the procedure established by the legislation of the Russian Federation;
b) persons appointed in the established procedure to posts at the Federal Migration Service with their simultaneous promotion to special ranks of commanding officers of the internal affairs agencies of the Russian Federation shall be taken on the staff of the internal affairs agencies of the Russian Federation and dismissed from said agencies on the recommendation of the chiefs (managers) of the respective bodies of the Service;
c) the persons appointed to the respective posts at the Federal Migration Service:
shall be awarded special ranks of medium and senior commanding officers of the internal affairs agencies of the Russian Federation or special ranks of "militia colonel" and "internal service colonel" by the Minister of Internal Affairs of the Russian Federation on the recommendation of the Director of the Federal Migration Service;
special ranks of top-echelon commanding officers of the internal affairs agencies of the Russian Federation shall be awarded by the President of the Russian Federation;
d) the director of the Federal Migration Service shall exercise the rights granted to the deputy Minister of Internal Affairs of the Russian Federation in the part relating to the application of the Regulations of Service with the Internal Affairs Agencies of the Russian Federation with respect to the commanding officers of the said agencies subordinated to him;
e) the law application functions and the functions of control, supervision and rendering state services in the sphere of migration:
transferred by the Ministry of Internal Affairs of the Russian Federation to the migration service, pending the completion of formation of the Service's territorial bodies shall be performed by the ministries of internal affairs, central administrations, internal affairs administrations of the subjects of the Russian Federation, internal affairs administrations (departments) of districts, cities and other municipal formations, internal affairs administrations (departments) in closed territorial administrative formations, at especially important and secret facilities;
vested with the Ministry of Internal Affairs of the Russian Federation by the legislation of the Russian Federation shall be performed by the Federal Migration Service.
6. Neither payments shall be made nor monetary compensation paid, established by the legislation of the Russian Federation, to persons dismissed from their service (posts), to the commanding officers of internal affairs agencies of the Russian Federation, to the federal public servants or staff members of the Ministry of Internal Affairs of the Russian Federation appointed to posts of the Federal Migration Service. The said persons shall preserve the entitlement to said payments and monetary compensations in the event of their dismissal from the Federal Migration Service.
7. To allow for the Federal Migration Service to use the slips, seals and stamps of the Central Passport-and-Visa Administration of the Ministry of Internal Affairs of the Russian Federation and of the Federal Migration Service of the Ministry of Internal Affairs of the Russian Federation pending the issue of slips, seals and stamps of a new model.
8. The Government of the Russian Federation shall:
a) adopt a decision on the former official salaries to be preserved by the commanding officers of the internal affairs agencies of the Russian Federation, federal public servants and staff members of the Ministry of Internal Affairs of the Russian Federation who have been appointed with their consent to posts with the Federal Migration Service with lower official salaries, for the period of performance of their new duties;
b) determine the list of state institutions of the Ministry of Internal Affairs of the Russian Federation being transferred to the sphere of jurisdiction of the Federal Migration Service;
c) present within three months a draft federal law stipulating for the introduction of amendments to the legislative acts of the Russian Federation in connection with the formation of the Federal Migration Service;
d) assign buildings and service quarters and also determine the list of the property of the Ministry of Internal Affairs of the Russian Federation, transferred to the Service within two months after the adoption of the respective federal law;
e) submit proposals on the introduction of the necessary amendments to the acts of the President of the Russian Federation within a month after the adoption of the respective federal law;
f) bring its acts in line with this Decree;
g) provide guarantees for financing expenses to be incurred in connection with the execution of this Decree.
9. The Minister of Internal Affairs of the Russian Federation shall:
a) resolve in the established procedure jointly with the director of the Federal Migration Service organisational, material-and-technical and other problems in connection with the establishment of the Federal Migration Service and with the formation of its territorial bodies;
b) determine the procedure of interaction by the Ministry of Internal Affairs with the Federal Migration Service and also the powers of the director of the Federal Migration Service for the solution of problems in the sphere of migration pending the adoption of the respective federal law and completion of the formation of the Service's territorial bodies.
10. The Ministry of Internal Affairs of the Russian Federation shall hold talks with the Armenian, Kirghiz, Latvian, Tadjik and Turkmen Parties on the transformation of the Ministry of Internal Affairs of the Russian Federation for the Affairs of Migration in the said states into missions of the Federal Migration Service and, after reaching an agreement, draw up the required documents.
11. To recognise as invalid Decree of the President of the Russian Federation No. 232 of February 23, 2002 on the Improvement of State Administration in the Sphere of Migration Policy (Sobraniye Zakonodatelstva Rossiiskoi Federatsii, No. 8, 2002, Item 813).
12. This Decree shall take effect from the day of its signing.
President of
the Russian Federation
Vladimir Putin
Moscow, the Kremlin
No. 928
July 19, 2004
Regulations on the Federal Migration Service
(Approved by Decree of the President of the Russian Federation No. 928 of July 19, 2004)
I. General Provisions
1. The Federal Migration Service (hereinafter referred to as the "FMS of Russia") shall act as the federal executive body performing law application functions and functions of control, supervision and rendering public services in the sphere of migration.
The FMS of Russia shall be subordinated to the Ministry of Internal Affairs of the Russian Federation.
2. The primary tasks of the FMS of Russia shall be as follows:
1) proceedings in the cases of citizenship of the Russian Federation, drawing up and issue of the basic documents certifying the identity of the citizen of the Russian Federation;
2) registration records of citizens of the Russian Federation kept at the place of sojourn and at the place of residence within the Russian Federation and the exercise of control over compliance by individuals and officials with the rules for registration and for taking off the books citizens of the Russian Federation;
3) drawing up and issue to foreign nationals and stateless persons of documents for entry into the Russian Federation, residence and temporary stay in the Russian Federation;
4) the exercise of control over compliance by foreign nationals and stateless persons with the established rules of residence and temporary stay in the Russian Federation;
5) the elaboration and implementation in interaction with other state bodies of measures to prevent and cut short illegal immigration;
6) the execution of the legislation of the Russian Federation on the questions of refugees and forced migrants, participation in established procedure in granting political asylum to foreign nationals and stateless persons;
7) the exercise of control and supervision in accordance with the legislation of the Russian Federation in the sphere of external labour migration, attraction of foreign workers to the Russian Federation and provision of jobs to citizens of the Russian Federation outside the Russian Federation;
8) management of the territorial bodies of the FMS of Russia, its missions abroad and other organisations and divisions established for the solution of tasks entrusted to the FMS of Russia.
3. The FMS of Russia shall be guided in its activity by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and of the Government of the Russian Federation, acts of the Ministry of Internal Affairs of the Russian Federation and also by these Regulations.
4. The FMS of Russia shall carry out its activity directly and/or via its territorial bodies or via other organisations and divisions within its system.
5. The FMS of Russia shall carry out its activity in interaction with other federal executive bodies, the executive bodies of the subjects of the Russian Federation, local self-government bodies, public associations and other organisations.
II. Powers
6. The FMS of Russia shall exercise the following powers:
1) exercise control and supervision in accordance with the legislation of the Russian Federation:
over compliance by citizens of the Russian Federation and officials with the rules for registration and for striking off the books citizens of the Russian Federation at the place of sojourn and at the place of residence within the Russian Federation;
over compliance with the immigration rules by foreign nationals and stateless persons;
over compliance with the rules for the attraction by employers, customers of works (services) of foreign workers to the Russian Federation and for the utilisation of their labour;
2) issue in the established procedure permits for the attraction by the employers, customers of works (services) of foreign workers to the Russian Federation and for the utilisation of their labor or permits for work to foreign nationals and stateless persons;
3) in accordance with the legislation of the Russian Federation, make arrangements for it and:
issue visas to foreign nationals and stateless persons for entry into the Russian Federation;
determine whether or not persons residing in the Russian Federation are the citizens of the Russian Federation;
accept applications from persons residing in the Russian Federation on the questions of citizenship of the Russian Federation;
check the facts and documents presented for the justification of applications on the questions of citizenship of the Russian Federation and, if necessary, request the appropriate governmental bodies for the supply of further information;
forward to the President of the Russian Federation applications on questions of citizenship of the Russian Federation, documents and
other materials presented for their justification and also judgements on these application, documents and materials;
implement the decisions adopted by the President of the Russian Federation on the questions of citizenship of the Russian Federation with respect to persons residing in the Russian Federation;
consider the applications on the questions of citizenship of the Russian Federation submitted by persons residing in the Russian Federation and adopt decisions on the questions of citizenship of the Russian Federation in a simplified procedure;
keep records of the persons in relation to whom the federal executive body or its territorial body has adopted a decision on a change in their citizenship;
draw up documents for granting citizenship of the Russian Federation;
cancel decisions on the questions of citizenship of the Russian Federation;
issue and replace the documents of citizens of the Russian Federation certifying their identity;
keep registration records of citizens of the Russian Federation at the place of sojourn and at the place of residence within the Russian Federation and also register foreign nationals and stateless persons staying temporarily in the Russian Federation;
draw up and issue passports and other documents to citizens of the Russian Federation for departure from the Russian Federation and for entry into the Russian Federation;
keep records of the issued passports of the citizen of the Russian Federation;
draw up invitations to foreign nationals and stateless persons for entry into the Russian Federation and also keep records of the legal entities drawing up invitations;
implement measures to prevent and cut short illegal immigration, exercise immigration control in relation to foreign nationals and stateless persons;
make a note of the prohibition of entry into the Russian Federation in the document certifying the identity of the foreign national or of the stateless person;
carry out state finger-printing registration;
carry out proceeding in the cases of administrative offenses within the established jurisdiction;
represent in courts the interests of the President of the Russian Federation, the Government of the Russian Federation and of the Ministry of Internal Affairs of the Russian Federation in matters belonging to the established sphere of activity of the FMS of Russia or represent the defence in courts of the interests of the FMS of Russia;
carry out federal state statistical observation in the established sphere of activity in accordance with official statistical methods;
provide information and legal support to the activity of the FMS of Russia, its territorial bodies and also other organisations and divisions within the system of the FMS of Russia in matters of the established sphere of activity;
|
According to Decision of the Government of the Russian Federation No. 186 of April 6, 2005, the central databank for registration of foreign citizens and stateless persons temporary staying and temporary or permanently residing in the Russian Federation shall be a federal informational resource and shall be within the scope of authority of the Federal Migration Service
4) organise in the procedure established by the legislation of the Russian Federation:
the issue to foreign nationals and stateless persons of a permit for temporary residence in the Russian Federation;
the issue of a residence permit in the Russian Federation to foreign nationals and stateless persons;
the recording, registration, reception and temporary accommodation of persons applying for asylum or refugee status, of those with refuge status or assistance to refugees for fitting them out temporarily in the Russian Federation;
the recording, registration, reception and temporary accommodation of persons applying for forced migrant status, of those with forced migrant status or assistance to forced migrants for setting them at the new place of residence in the Russian Federation;
identification of foreign nationals and stateless persons applying for refugee status who are located in the Russian Federation;
5) take part in accordance with the legislation of the Russian Federation in the elaboration of and provide support to the preparation of proposals on the distribution in the subjects of the Russian Federation of persons with refugee status or those who have been granted temporary asylum;
6) make decisions in accordance with the legislation of the Russian Federation:
on the extension or on the reduction of the period of temporary stay of foreign nationals or stateless persons in the Russian Federation;
on the issue to foreign nationals or stateless persons of permits for temporary residence in the Russian Federation or of a residence permit or on the cancellation of the said permits or of the residence permit;
on the issue, suspension or cancellation of the permits for the attraction and utilisation of foreign workers, permits to work for foreign nationals or stateless persons, licenses for carrying out activity in connection with the provision of jobs to the citizens of the Russian Federation outside the Russian Federation;
on the deportation of foreign nationals or stateless persons or implementation measures for their deportation and administrative expulsion from the Russian Federation;
on the undesirability of foreign nationals' and stateless persons' stay in the Russian Federation or on the prohibition of entry in the Russian Federation by foreign nationals or stateless persons;
7) carry out in accordance with the legislation of the Russian Federation licensing of activity in the sphere of migration;
8) take part in conducting state policy of the Russian Federation in relation of compatriots abroad;
9) organise and carry out address-and-reference work;
10) organise the reception of individuals, ensure the prompt and all-round consideration of the individuals' verbal and written applications, adopt the respective decisions on them and forward replies within the time limit fixed by the legislation of the Russian Federation;
11) take part in the preparation of proposals on setting a quota for the issue of invitations for foreign nationals' and stateless persons' entry into the Russian Federation for the purposes of carrying out labour activity;
12) provide guidance to the territorial bodies and also other organisations and divisions within the system of the FMS of Russia, exercise control over their activity;
13) prepare and forward to the Ministry of Internal Affairs of the Russian Federation proposals on the aspects of implementation of state policy in the established sphere of activity of the FMS of Russia;
14) adopt measures to consolidate and develop the material-and-technical base of the FMS of Russia, of its territorial bodies and also of other organisations and divisions within the system of the FMS of Russia;
15) coordinate the activity of the federal executive bodies in connection with the solution of forced migrants' problems;
16) create a uniform information system in the established sphere of activity;
17) form and keep federal databases and also ensure methodological uniformity and coordinated functioning of information systems in the established sphere of activity;
18) take part in the elaboration of federal goal-oriented programmes in the established sphere of activity;
19) interact in the established procedure with the authorities of foreign states and with international organisations in matters belonging to the established sphere of activity;
20) take part in the elaboration and implementation of international cooperation programmes, in the preparation and conclusion of international treaties of the Russian Federation, including those of an interdepartmental nature, on the issues belonging to the established sphere of activity;
21) sum up the practice of application of the legislation of the Russian Federation in the established sphere of activity and submit proposals to the Ministry of Internal Affairs of the Russian Federation on the improvement of the legislation of the Russian Federation;
22) elaborate and submit to the Minister of Internal Affairs of the Russian Federation draft decrees on matters belonging to the established sphere of activity, take part in the preparation of opinions of and judgements on draft decrees of the Russian Federation;
23) conduct in the procedure established by the legislation of the Russian Federation tenders and conclude state contracts for placement of orders for the delivery of goods, performance of works, rendering of services for the needs of the FMS of Russia or for research and development to be carried out for state needs in the established sphere of activity;
24) perform the functions of the chief superintendent of the federal budget funds allowed for the maintenance of the FMS of Russia and for the performance of functions entrusted to it and also of the funds received from other financing sources in accordance with the legislation of the Russian Federation;
25) ensure within its jurisdiction protection of information representing state and other secrets protected by the law;
26) carry out work in accordance with the legislation of the Russian Federation for the stocking, storage, recording and utilisation of archival documents dealing with the activity of the FMS of Russia;
27) ensure the mobilisation training of the FMS of Russia, control over and coordination of the activity of its territorial bodies and also of the organisations and divisions for mobilisation training within the system of the FMS of Russia;
28) organise professional training of the commanding officers of the internal affairs agencies of the Russian Federation (hereinafter referred to "personnel") and of the federal public servants of the FMS of Russia, its territorial bodies and other organisations and divisions within the system of the FMS of Russia, their retraining, improvement of their skill and training and also adopt measures to ensure their legal and social protection;
29) perform other functions in the established sphere of activity if such functions are stipulated by federal constitutional laws, federal laws, the acts of the President of the Russian Federation and of the Government of the Russian Federation.
7. For the purposes of exercise of its powers the FMS of Russia shall be authorised:
1) to organise the necessary research, tests, expert examination, analysis and appraisal or research into the aspects of control and supervision in the established sphere of activity;
2) to perform the state customer's functions and organise the capital construction, modernisation and general overhaul of the facilities of the system of the FMS of Russia and also housing construction;
3) to request for the supply and receive in the established procedure information required for making decisions on matters belonging to the established sphere of activity;
4) to attract in the established procedure research and other organisations, researchers and specialists, including on a contractual basis, for the elaboration of solutions to problems belonging to the established sphere of activity;
5) to form in the established procedure on its own and jointly with other federal executive bodies deliberative bodies (councils, commissions) for the consideration of matters belonging to the established sphere of activity;
6) to conclude civil law contracts;
8. The FMS of Russia shall not carry out normative-and-legal regulation in the established sphere of activity unless stipulated otherwise by federal constitutional laws, federal laws, and laws and decrees of the President of the Russian Federation.
The restrictions of the powers of the FMS of Russia stipulated by Paragraph 1 of this Item shall not extend to the powers of the director of the Federal Migration Service in the sphere of management of property assigned to the FMS of Russia by the right of operative management, solution of personnel problems or the problems of organisational activity of the FMS of Russia.
III. Organisation of Activity
9. The FMS of Russia shall be led by the director of the Federal Migration Service (hereinafter referred to as the "director") appointed to his post and relieved of his duties by the President of the Russian Federation on the recommendation of the Chairman of the Government of the Russian Federation.
The director shall bear personal responsibility for the exercise of powers entrusted to the FMS of Russia.
The director shall have two deputies assigned to their post and relieved of their duties by the President of the Russian Federation on the recommendation of the Chairman of the Government of the Russian Federation.
The quantity of the director's deputies shall be determined by the President of the Russian Federation.
10. The director shall:
1) distribute duties among his deputies;
2) submit (present) to the Minister of Internal Affairs of the Russian Federation:
draft regulations of the FMS of Russia;
proposals on the maximum number of the personnel and on the fund of wages and salaries for the personnel, federal public servants and workers of the central staff of the FMS of Russia, its territorial bodies and also of the organisations and divisions within the system of the FMS of Russia;
proposals on the appointment to their post of the director's deputies and on relieving them of their duties;
proposals on the appointment to their post of the heads of the territorial bodies of the FMS of Russia and on relieving them of their duties;
recommendations on awarding special ranks of top-echelon commanding officers of the internal affairs agencies of the Russian Federation to the personnel or of class ranks to persons holding the posts of the federal civil service of the top and chief groups in the system of the FMS of Russia;
proposals on the composition of the board of the FMS of Russia and on the procedure of its activity;
the annual plan and the key indicators of the activity of the FMS of Russia and also the report on the fulfillment of the plan;
proposals on the formation of the draft federal budget in the part of financial support of the activity of the FMS of Russia;
the report summing up the results of the activity of the FMS of Russia in the sphere of implementation of the legislation of the Russian Federation in the established sphere of activity;
proposals on the conclusion of international treaties of the Russian Federation and of agreements in the established sphere of activity;
draft decrees on matters belonging to the established sphere of activity;
proposals on the introduction of departmental awards, breast badges and diplomas for the personnel, federal public servants and workers of the FMS of Russia and also for the persons assisting the FMS of Russia in the solution of problems entrusted to it; the regulations of these awards and their description;
3) appoint to their post and relieve of their duties personnel and federal public servants of the FMS of Russia, of its territorial bodies and also of other organisations and divisions within the system of the FMS of Russia unless a different procedure is stipulated by the legislation of the Russian Federation;
4) resolve problems in accordance with the legislation of the Russian Federation arising in connection with the federal state service and labour activity at the FMS of Russia;
5) approve:
the structure and manning table of the central staff of the FMS of Russia and of its territorial bodies, the manning table of other organisations and divisions within the system of the FMS of Russia within the limits of the fixed number of personnel and of the fund for the wages and salaries of the personnel, federal public servants and workers of the FMS of Russia;
the fund for the wages and salaries of the personnel, federal public servants and workers of the system of the FMS of Russia within the limits of the indicators established by the Government of the Russian Federation;
the estimate of expenditure on the maintenance of the personnel, federal public servants and workers of the FMS of Russia within the limits of the federal budget appropriations approved for the respective period;
the regulations on the board of the FMS of the Russia;
the regulations on the structural divisions of the central staff of the FMS of Russia;
6) sign in the established procedure international treaties of the Russian Federation of inter-departmental nature on issues belonging to the established sphere of activity;
7) issue orders on matters within the jurisdiction of the FMS of Russia;
8) approve in the established procedure the charters of organisations within the system of the FMS of Russia, appoint their managers to their posts and relieve them of their duties, conclude, amend and repudiate labor agreements (contracts) with them;
9) organise the work of the central staff of the FMS of Russia and approve the internal labor regulations;
10) determine the list (nomenclature) of posts in the FMS of Russia and in its territorial bodies and also of other organisations and divisions within the system of the FMS of Russia;
11) award in the established procedure special ranks of commanding officers of the internal affairs agencies of the Russian Federation to the personnel of the FMS of Russia;
12) award the respective class ranks to federal public servants holding posts of the federal civil service of the senior and junior groups in the system of the FMS of Russia;
13) possess award and gift funds;
14) act as the superintendent of monetary funds paid to the FMS of Russia from the federal budget, distribute funds received in accordance with the legislation of the Russian Federation from other financing sources;
15) exercise other powers in accordance with the legislation of the Russian Federation;
11. A board shall be formed in the FMS of Russia including the director (chairman of the board), his deputies acting as board members by virtue of their posts, the representative of the Ministry of Internal Affairs of the Russian Federation and other persons.
12. The expenses of maintenance of the central staff of the FMS of Russia, its territorial bodies and other organisations and divisions within the system of the FMS of Russia shall be financed by funds allocated from the federal budget.
13. The FMS of Russia shall act as a legal entity, it shall have its own seal with the representation of the State Emblem of the Russian Federation and its name, other seals, stamps and slips of established form and also have accounts at its disposal opened in accordance with the legislation of the Russian Federation.
14. Moscow shall be the location of the FMS of Russia.
|
