Temporary measures to regulate the legal status of citizens of Ukraine, the DNR and the LNR in Russia

Edict No. 585 of the President of the Russian Federation “Concerning Temporary Measures to Regulate the Legal Status of Citizens of the Donetsk People’s Republic, the Lugansk People’s Republic and Ukraine in the Russian Federation” (“the Edict”) was published on 27 August 2022.

The Edict grants citizens of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic the right:

• To temporary reside in the Russian Federation without the time restrictions established by the Federal Law No. 115-FZ of 25 July 2002 “On the Legal Status of Foreign Citizens in the Russian Federation” (“Federal Law No. 115-FZ”);
• To work in the Russian Federation without obtaining a work permit or patent and without being subject to requirements relating to the declared purpose of visit (after undergoing fingerprint registration and medical examination in Russia).

At the same time, citizens of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic are obliged to undergo compulsory state fingerprint registration, photographing and medical examination prescribed for foreign citizens in accordance with the procedures and within the time limits established by Federal Law No. 115-FZ, and if they entered the Russian Federation before the effective date of the Edict and work in the Russian Federation without having undergone fingerprint registration, photographing and (or) medical examination – to undergo these procedures within 30 calendar days from the effective date of the Edict.

Employers and customers hiring citizens of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic for work are obliged:

• To check that they have a document confirming that they have undergone fingerprint registration and photographing;
• To notify the local office of the Ministry of Internal Affairs of the Russian Federation in the region of Russia where the foreign citizens are working on employment agreement or civil contracts for the performance of work (rendering of services) conclusion or termination with those persons not later than three working days after a contract is concluded or terminated (rescinded), or, if such contracts were concluded before the effective date of the Edict and the employers or customers did not notify the local office of the Ministry of Internal Affairs accordingly, within 10 calendar days of the effective date of the Edict.

Citizens of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic who have valid work permits or patents as at the effective date of the Edict may work in the Russian Federation in accordance with the Edict after they expire and after those permits or patents have been annulled, except where they are annulled on the following grounds:

• the foreign citizen expresses support for the violent dismantling of the constitutional order of the Russian Federation or otherwise threatens the security of the Russian Federation or citizens of the Russian Federation;
• the foreign citizen finances or plans terrorist (extremist) acts, aids and abets in the commission of or commits such acts, or otherwise supports terrorist (extremist) activities;
• the foreign citizen has submitted counterfeit or falsified documents or knowingly provides false information about himself.

If any of these circumstances are found to exist or in event of a failure to provide medical examination documents to a local office of the Ministry of Internal Affairs of the Russian Federation within the set time limits, citizens of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic will cease to have the rights conferred by this Edict and will be subject to the normal provisions of Russian legislation governing the legal status of foreign citizens.

In addition, the Ministry of Internal Affairs will carry out checks in relation to the foreign citizens concerned.

At the same time, the following decisions will not be adopted in relation to citizens of Ukraine, the Donetsk People’s Republic and the Lugansk People’s Republic*:

• administrative expulsion from the Russian Federation;
• deportation;
• refusal of entry in the Russian Federation or conferment of persona non grata status in the Russian Federation;
• reduction of the period of temporary stay in the Russian Federation.

* This provision does not apply to persons who are released from places of imprisonment or pose a threat to the national security of the Russian Federation, including those who express support for the violent dismantling of the constitutional order of the Russian Federation, finance or plan terrorist (extremist) acts, aid and abet or commit such acts, or otherwise support terrorist (extremist) activities or commit offences against public order and public safety, including those who participate in an authorised gathering, meeting, demonstration, procession or picket.

The changes described above have effect from the date of signing of the Edict until the measures established by the Edict are annulled.

B1 will continue monitoring the situation and keep you up to date on the latest legal developments.