Russia | Migration Registration Criminal Liability

We continue keeping you up to date on the latest changes in migration law.

New amendments to Article 322.3 of the Criminal Code of the Russian Federation are to come into force on November 23, 2018 (Fictitious registration of a foreign citizen or stateless person at a place of residence in a residential area in the Russian Federation).

Under these amendments, a foreign citizen’s migration registration at the address of a company where he / she actually does not work is considered a crime. In our opinion, there is the risk that the responsibility for such a crime may be borne by a representative of the company (e.g. CEO) or another person who actually signed the blank of notification about the arrival of a foreign citizen and / or personally conducted a registration with the state migration authorities.

Please note that the penalty for a fictitious registration of a foreign citizen remains unchanged.

This crime may result in a fine of up to 500,000 rubles, or in the amount of the salary or other income of the convicted for a period of up to 3 years, or in forced labour for up to 3 years with the deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or without it, or imprisonment for up to 3 years with the deprivation of the right to occupy certain positions or engage in certain activities for up to 3 years or without it.

We recommend ensuring that foreign employees who stay in Russia for different purposes complete their migration registration properly and in fact reside / live at the appropriate address of registration. Should you have any questions or require our assistance, please contact our experts.

Alex Stolarsky
Director for Legal, Compliance and Tax
+7 / 495 / 956 55 57
Denis Bushnev
Legal Team Leader Labor and Migration Law
+7 / 495 / 956 55 57
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