Criminal Code of the Russian Federation in the latest edition:
Article 322 of the Criminal Code of the Russian Federation. Illegal crossing of the State border of the Russian Federation
1. Crossing the State Border of the Russian Federation without valid documents for the right to enter or exit the Russian Federation or without proper permission obtained in the manner established by the legislation of the Russian Federation -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to two years, or by imprisonment for the same term.
2. Crossing the State Border of the Russian Federation upon entry into the Russian Federation by a foreign citizen or stateless person whose entry into the Russian Federation is known to be not permitted for the culprit on the grounds provided for by the legislation of the Russian Federation -
shall be punishable by a fine in the amount of up to three hundred thousand rubles, or forced labor for a term of up to four years, or imprisonment for the same term.
3. Acts provided for in parts one or two of this article, committed by a group of persons by prior conspiracy or by an organized group, or with the use of violence or the threat of its use, -
shall be punishable by imprisonment for a term of up to six years.
Note. This article does not apply to cases of foreign citizens and stateless persons arriving in the Russian Federation in violation of the rules for crossing the State Border of the Russian Federation to exercise the right of political asylum in accordance with the Constitution of the Russian Federation, unless the actions of these persons contain another crime.
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Crossing the border with a visa
Citizens of countries with which Russia does not have visa-free agreements are required to apply for a visa to travel to Russia. Visas can be:
- tourist;
- business;
- working;
- educational;
- guest;
- transit.
To obtain a tourist visa, you need a tourist invitation to visit Russia for tourism purposes. The maximum period of stay is 30 days. To obtain a business visa, you need a business invitation, which is issued through the Federal Migration Service and the Ministry of Foreign Affairs of the Russian Federation. The periods for which a business visa is issued are 30, 90, 180, 365 days. To obtain a work visa you need a work invitation. She has no restrictions on her stay. A study visa is issued on the basis of an invitation to study at an educational institution. A guest visa is issued on the basis of a private invitation at the request of a Russian citizen who has permanent residence in Russia. The maximum period of stay is 3 months. Finally, a transit visa is issued on the basis of documents submitted to the Russian Consulate for transit purposes. The maximum stay is 72 hours.
Entry ban to Russia
Not every person can enter Russian territory. There is a prohibited list for certain categories of people. Entry into Russia may be denied for the following reasons:
- provision of knowingly false information;
- providing false documents;
- have a criminal record;
- did not provide all the documents required to obtain a visa;
- not enough money to live in Russia;
- unwanted stay of this citizen on the territory of Russia;
- debt on taxes or fines unpaid in Russia;
- decision on deportation, expulsion or readmission;
- there is no voluntary health insurance policy (VHI policy);
- the period of temporary stay in Russia in a previous visit to the country was exceeded.
Laws on liability for violation of territorial integrity and calls for this have been published
The President signed laws on criminal liability for violating the territorial integrity of the Russian Federation and on the introduction of administrative prejudice for public calls for actions aimed at violating the territorial integrity of the state (bills No. 989291-7, No. 989303-7).
As AG previously wrote, the amendments are aimed at implementing the new Part 2.1 of Art. 67 of the Constitution, according to which Russia ensures the protection of its sovereignty and territorial integrity. Calls for the alienation of part of the territory of the state and actions aimed at such alienation are not allowed. The exception is the delimitation, demarcation and re-demarcation of borders with neighboring states.
During the consideration of draft laws by deputies, they underwent virtually no changes.
Amendments to the Criminal Code and Code of Criminal Procedure
Article 18.1. Violation of the State Border regime of the Russian Federation
Ruling of the Supreme Court of the Russian Federation dated January 23, 2017 N 303-AD16-18972 in case N A24-428/2016, the limited liability company "MV-Line" (hereinafter referred to as the company, the applicant) appealed to the arbitration court with an application to declare it illegal and cancel the decision dated January 26, 2016 N 9862/19-16 of the federal state government institution “Border Department of the Federal Security Service of the Russian Federation for the Eastern Arctic Region” (hereinafter referred to as the department, administrative body) on bringing the company to administrative liability on the basis of Part 1 of Article 18.1 of the Code of the Russian Federation on administrative offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) with a penalty of a fine in the amount of 400,000 rubles.
Ruling of the Supreme Court of the Russian Federation dated 02/06/2017 N 306-AD16-19776 in case N A06-9921/2015
Limited Liability Company "Zemland Shipping" (hereinafter referred to as the company, the applicant) applied to the arbitration court to declare illegal and cancel the resolution of 07.10.2015 in case No. 2349/1778-15 of the Border Directorate of the Federal Security Service of the Russian Federation for the Republic of Kalmykia and Astrakhan Region (hereinafter referred to as the department, administrative body) to bring the company to administrative liability on the basis of Part 1 of Article 18.1 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) with a fine of 450,000 rubles.
Ruling of the Supreme Court of the Russian Federation dated February 28, 2017 N 303-AD16-17929 in case N A24-162/2016
at the request of the limited liability company "VETERAN-Mortrans" to recognize as illegal and cancel the resolution of the federal state treasury institution "Border Directorate of the Federal Security Service of the Russian Federation for the Eastern Arctic Region" dated December 11, 2015 N 9862/2128-15 on bringing to administrative liability for Part 1 of Article 18.1 of the Code of the Russian Federation on Administrative Offenses with the imposition of punishment in the form of an administrative fine in the amount of 400,000 rubles, and the decision dated January 11, 2016, adopted based on the results of consideration of the complaint against the contested resolution,
Ruling of the Supreme Court of the Russian Federation dated February 28, 2017 N 303-AD16-18003 in case N A24-165/2016
at the request of the limited liability company "VETERAN-Mortrans" to recognize as illegal and cancel the resolution of the federal state treasury institution "Border Directorate of the Federal Security Service of the Russian Federation for the Eastern Arctic Region" dated December 14, 2015 N 9862/2127-15 on bringing to administrative responsibility for Part 1 of Article 18.1 of the Code of the Russian Federation on Administrative Offenses with the imposition of punishment in the form of an administrative fine in the amount of 400,000 rubles, and the decision dated January 11, 2016, adopted based on the results of consideration of the complaint against the contested resolution,
Ruling of the Supreme Court of the Russian Federation dated February 28, 2017 N 303-AD16-19028 in case N A24-164/2016
according to the application of the limited liability company "VETERAN-Mortrans" to declare illegal and cancel the resolution of December 11, 2015 in case No. 9862/2129-15 of the federal state government institution "Border Directorate of the Federal Security Service of the Russian Federation for the Eastern Arctic Region" on bringing to administrative liability on the basis of Part 1 of Article 18.1 of the Code of the Russian Federation on Administrative Offences,
Ruling of the Supreme Court of the Russian Federation dated 03/09/2017 N 310-AD17-315 in case N A84-630/2016
at the request of the limited liability company "Crimean Fishing Aviation SP-Shipping" (hereinafter referred to as the company, the applicant) appealed to the arbitration court with a statement to declare illegal and cancel the resolution of the Federal State Treasury Institution "Border Directorate of the Federal Security Service of the Russian Federation for the Republic of Kalmykia and Astrakhan region" (hereinafter - management, administrative body) dated 04/01/2016 N 2349/475-16 on bringing the company to administrative liability on the basis of Part 1 of Article 18.1 of the Code of the Russian Federation on Administrative Offenses (hereinafter - the Code of Administrative Offenses of the Russian Federation) with a penalty of 800 000 rubles fine.
Ruling of the Supreme Court of the Russian Federation dated November 24, 2017 N 303-AD17-16945 in case N A37-1666/2016
according to the application of the limited liability company "Mag-Si International" to recognize as illegal and cancel the resolution of the Border Directorate of the Federal Security Service of the Russian Federation for the Eastern Arctic region dated January 20, 2016 N 9862/2277-15 on bringing to administrative liability provided for in Part 1 of Article 18.1 Code of the Russian Federation on Administrative Offenses with the imposition of punishment in the form of an administrative fine in the amount of 400,000 rubles,
Ruling of the Supreme Court of the Russian Federation dated April 14, 2020 N 303-ES20-4072 in case N A51-13697/2019
Limited Liability Company "Sea Breeze" (hereinafter - the company, the applicant) applied to the arbitration court with a statement to declare illegal and cancel the decisions of the Federal State Treasury Institution "Border Directorate of the Federal Security Service of the Russian Federation for the Khabarovsk Territory and the Jewish Autonomous Region" (hereinafter - the Jewish Autonomous Region) management, administrative body) dated 06/07/2019 N 9783/146-19, N 9783/147-19 on bringing to administrative liability on the basis of Part 1 of Article 18.1 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) with the imposition of punishment in the form 400,000 rubles fine for each resolution.
Determination of the Constitutional Court of the Russian Federation dated May 28, 2020 N 1117-O
As follows from the presented materials, by a resolution of an authorized official, left unchanged by the courts, Magadanryba LLC was found guilty of committing an administrative offense, expressed in violation of the regime of the State Border of the Russian Federation (Part 1 of Article 18.1 of the Code of Administrative Offenses of the Russian Federation), and he was sentenced administrative punishment in the form of an administrative fine in the amount of four hundred thousand rubles. However, the applicant paid the specified fine outside the sixty-day period established by part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation for executing the decision to impose an administrative fine, which served as the basis for bringing him to administrative responsibility for evading the execution of an administrative penalty.
Second commentary to Art. 322 of the Criminal Code of the Russian Federation
1. Objective side - crossing the State border of the Russian Federation (when entering or leaving) without valid documents or without proper permission.
2. The concept of the State Border of the Russian Federation and the procedure for crossing it are determined by the Law of the Russian Federation of April 1, 1993 “On the State Border of the Russian Federation.” According to this law, in order to pass persons, vehicles, animals, goods across the State border, it is necessary to have valid (established) documents for the right to enter or leave the Russian Federation: a passport identifying the subject in another state; diplomatic passport; service passport; seaman's passport. A simplified procedure for crossing the State Border of the Russian Federation is provided for CIS citizens, according to which a national passport can be used to cross the State Border of the Russian Federation.
3. Proper permission to cross the State Border of the Russian Federation - a properly issued Russian or foreign visa, a transit visa, or an invitation issued in the prescribed manner to a legal entity or individual.
It is illegal to cross the border: without presenting the specified documents; with the presentation of invalid documents (expired, foreign, counterfeit, executed in violation of the established procedure). The crime is completed from the moment of crossing the State border of the Russian Federation.
4. The subjective side of the crime in question is characterized by direct intent.
5. The subject of illegal crossing of the State Border of the Russian Federation is a person who has reached the age of 16 years.
6. The qualified composition of illegal crossing of the State Border of the Russian Federation is provided for in Part 2 of Art. 322 CC. In addition to the characteristics of the main composition, it includes the following alternative characteristics:
1) commission of a crime by a group of persons by prior conspiracy or by an organized group;
2) with the use of violence or the threat of its use.
For the content of these signs, see: comments to Articles 105 and 318 of the Criminal Code.
7. The note to Article 322 of the Criminal Code contains a provision limiting its effect in relation to foreign citizens and stateless persons crossing the State Border of the Russian Federation to exercise the right of political asylum. This provision implements the constitutional guarantee of the human right to political asylum in the Russian Federation (Article 63 of the Constitution of the Russian Federation).
According to paragraph 5 of the Regulations on the procedure for granting political asylum by the Russian Federation (approved by the Decree of the President of the Russian Federation of July 21, 1997), political asylum is not granted to persons guilty of committing acts contrary to the goals and principles of the UN; persons who were not at risk of persecution; persons who provided knowingly false information about themselves; persons who have citizenship of a third country in which they were not at risk of persecution; persons in respect of whom there is a court sentence that has entered into force and is subject to execution on the territory of the Russian Federation.
Documents required to cross the Russian border
Documents required to cross the border:
- passport or other identity document;
- completed migration card;
- visa (required for citizens of those states that do not have agreements on a visa-free regime with Russia).
When crossing the border, you must fill out a migration card. Here it is necessary to enter the citizen’s personal data, as well as the purpose of the visit to Russian soil. A migration card is needed to confirm the legality of a person’s presence in Russia, and it must be handed in when leaving the country. Another document that needs to be filled out when crossing the border is a customs declaration. It contains information about the person and the goods, money, and valuables that he transports. There are certain standards for transportation, and if these standards are higher than required, then the citizen is obliged to fill out a customs declaration and pay a duty. When obtaining a visa, you must also obtain a voluntary health insurance policy (VHI policy). A voluntary health insurance policy (VHI policy) does not need to be purchased:
- holders of official and diplomatic passports, as well as their guests;
- foreign civil servants who arrived in Russia at the invitation of federal or regional authorities;
- foreign guests who are not required to provide a voluntary health insurance policy (VHI policy) in accordance with international treaties.
