ST 322 of the Criminal Code of the Russian Federation.
1. Crossing the State Border of the Russian Federation without valid documents for the right to enter or leave the Russian Federation, or without proper permission obtained in the manner established by the legislation of the Russian Federation, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or forced labor for a term of up to two years, or imprisonment for the same period.
2. Crossing the State Border of the Russian Federation upon entry into the Russian Federation by a foreign citizen or a stateless person whose entry into the Russian Federation is obviously not permitted for the culprit on the grounds provided for by the legislation of the Russian Federation is punishable by a fine 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, are 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.
Commentary to Art. 322 of the Criminal Code
1. The act (part 1) consists of illegal actual movement across the State Border of the Russian Federation. The illegality of movement is determined by its completion without valid documents for the right to enter or leave the Russian Federation or without proper permission obtained in the manner established by the legislation of the Russian Federation. Establishing the signs of an act requires reference to the relevant provisions of the Law of the Russian Federation of April 1, 1993 N 4730-1 “On the State Border of the Russian Federation”, as well as the Federal Law of August 15, 1996 N 114-FZ “On the procedure for leaving the Russian Federation and entry into the Russian Federation”, which sets out the procedures and documents required to cross the border.
The method of crossing the border can be any: moving, flying, crossing, etc.
2. The subject of the crime in Part 1 is a person who has reached the age of 16, with the exception of foreign citizens and stateless persons who arrived in the territory of the Russian Federation to exercise the right of political asylum, unless the actions of these persons contain another corpus delicti (note to Article 322 of the Criminal Code ).
3. Part 2 establishes liability for crossing the State Border of the Russian Federation upon entry by a foreign citizen or stateless person whose entry into the Russian Federation, known to the culprit, is not permitted on the grounds provided for by the legislation of the Russian Federation. Special subject: foreign citizen or stateless person.
4. If the analyzed act is associated with the intentional infliction of serious harm to health or death on the victim (Part 3), additional qualification is required under Art. 111 or 105 of the Criminal Code.
The Supreme Court clarified when it is possible not to punish for illegally crossing the state border
Photo: Pixabay Russian courts can exempt citizens from punishment under the article on illegally crossing the state border if this act was minor. This is stated in the resolution of the Plenum of the Armed Forces of the Russian Federation “On judicial practice in cases of illegal crossing of the State Border of the Russian Federation and crimes related to illegal migration.”
The Plenum of the Supreme Court had previously discussed this issue, but in the end the document was sent for revision to correct various inaccuracies. As a result, comments and suggestions came from the legal department of the President of Russia, the Prosecutor General's Office and the Federal Security Service, after which the project was finalized.
The new version of the resolution provides a new explanation of what can be considered a socially dangerous act under Art. 322 of the Criminal Code of the Russian Federation on illegal border crossing. These include crossing the border without proper permission obtained in the manner established by the legislation of the Russian Federation, or crossing the border by a person who is not allowed to enter the country for any reason.
Crossing the border without valid documents can also be qualified as an act committed using deliberately forged papers (for example, documents with false information about the identity of the owner, including his last name, first name, patronymic, date of birth) or using genuine documents belonging to another person .
The Plenum recalls that the crimes provided for in Art. 322 of the Criminal Code of the Russian Federation (illegal crossing of the state border of the Russian Federation), can only be committed with direct intent. In this case, the accused must be aware of the fact that he crossed the state border in violation of established requirements. Crimes are considered completed from the moment of actual crossing of the state border line, regardless of the place and method of committing this crime.
“When qualifying the offense under Part 2 of Article 322 of the Criminal Code of the Russian Federation, the court must establish that the foreign citizen or stateless person was aware that they were not allowed to enter the Russian Federation on the grounds provided for by law,” notes the Plenum of the Supreme Court.
For example, the suspect’s document may contain notes prohibiting entry into Russia.
The Plenum of the Supreme Court also clarifies the concept of “organization of illegal migration” - it is understood as “the deliberate commission of actions that create conditions for one or more foreign citizens or stateless persons to carry out illegal entry into the Russian Federation, illegal stay in the Russian Federation, illegal transit passage through the territory Russian Federation, including entry into the Russian Federation of foreign citizens on tourist visas for the purpose of illegal migration to another state using the territory of the Russian Federation as a transit territory.”
After comments from various departments, the paragraph of the Plenum resolution on fictitious registration was completely revised.
“Within the meaning of Article 322.2 of the Criminal Code of the Russian Federation, fictitious registration of a citizen of the Russian Federation at the place of stay or place of residence or fictitious registration of a foreign citizen or stateless person at the place of residence is the recording in the prescribed manner by the registration (migration) accounting authorities of the fact of the presence of a citizen of the Russian Federation at his place stay or place of residence in a residential building in the Russian Federation, the fact that a foreign citizen or stateless person is at his place of residence in a residential building in the Russian Federation on the basis of submitting to these authorities knowingly false information or documents for such registration, or in the absence of these persons intention to stay (reside) in this premises, or if the owner or tenant of the residential premises does not have an intention to provide this residential premises for the stay (residence) of these persons,” the new version of the document says.
At the same time, they may not be punished for fictitious registration or illegal migration (without qualifying criteria) if this act was not socially dangerous.
“When deciding whether an act is minor, the courts need to take into account, in particular, the motive and purpose that guided the accused (defendant), his relationship with the person in connection with whom the provisions of the migration legislation were violated (for example, during fictitious registration a close relative at the place of stay or at the place of residence in a residential building in the Russian Federation,” concludes the Supreme Court.
At the same time, the clause stating that crossing the Russian state border under emergency circumstances does not constitute a crime was excluded from the resolution. Previously, it was proposed to include an accident, breakdown, or natural disaster that threatens the safety of the vessel as circumstances exempting from criminal liability.
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.
In the name of the Russian Federation
“14” March 2022 Sevsk
Sevsky District Court of the Bryansk Region composed of presiding judge M.A. Pavlyutenkova, with secretary O.V. Yakovleva, with the participation of the state prosecutor, assistant prosecutor of the Sevsky district of the Bryansk region Lukyanenko A.A., defendant Krupski P.,
defender Mashkov E.A., who presented certificate No. issued by the Rosregistration Department for St. Petersburg and the Leningrad Region DATE of the year, and warrant No., having examined in open court the criminal case against Krupski P., DATE of year of birth, native address., previously unconvicted, accused of committing crimes under Part 2 of Art. 322 of the Criminal Code of the Russian Federation, part 2 of Art. 322 of the Criminal Code of the Russian Federation, part 2 of Art. 322 of the Criminal Code of the Russian Federation, part 2 of Art. 322 of the Criminal Code of the Russian Federation,
INSTALLED:
Citizen of the Republic.address. Krupski P., knowingly knowing that on May 24, 2013, the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare in relation to him, under the identification data he previously had about his identity, namely as a “citizen of the Republic.address. FULL NAME1, DOB DATE”, a decision was made about the undesirability of staying in the Russian Federation indefinitely, changing the personal information, namely the last name and first name with FULL NAME1 DOB DATE.” to “Krupski P., DOB DATE”, November 6, 2013 at 23:42, April 13, 2014 at 10:09, following as a passenger on a flight with the message “Chisinau Moscow”, crossed the State border to enter The Russian Federation at the checkpoint of the Border Control Detachment of the FSB of Russia at the Domodedovo International Airport, located in the Domodedovo urban district, Moscow region, by passing through border control, after which he proceeded to the territory of the Russian Federation.
On December 4, 2014, at 04:39 a.m., traveling as a passenger on a Chisinau-Moscow flight, he crossed the State Border to enter the Russian Federation at the checkpoint of the Border Control Detachment of the FSB of Russia at Sheremetyevo International Airport, located in Khimki. Moscow region, by passing border control, during which he introduced himself to the border guard as a citizen of the Republic.address. Krupski P., unhinderedly passed border control and was allowed through the State Border of the Russian Federation, after which he proceeded to the territory of the Russian Federation.
The same person, on April 09, 2022 at 08:50, following as a passenger of a vehicle with the state registration plate “No. DATE at 19:40, following as a passenger of a vehicle with the state registration plate No. crossed the State Border from Ukraine to the entrance to the Russian Federation at the checkpoint across the State Border of the Russian Federation "Troebortnoye - Autodorozhny" PU of the FSB of Russia for the Bryansk region, located at the address: Bryansk region, Sevsky district, 518th kilometer + 580 meters of the M-3 "Ukraine" highway, by passing border control, during which he introduced himself to the border guards as a citizen of the Republic.address. Krupski P., in connection with which, unimpededly passed border control and was allowed through the State Border of the Russian Federation, after which he proceeded to the territory of the Russian Federation.
On July 19, 2022, at 15:36, following as a passenger in a vehicle with state registration plate No., he crossed the State Border from Ukraine to enter the Russian Federation at the checkpoint across the State Border of the Russian Federation “Krupets” of the FSB of Russia in the Kursk region. , located at the address: 2.5 kilometers from the village. Gorodishche, Rylsky district, Kursk region, on the E-38 “Kyiv - Voronezh” highway, by passing border control, during which he introduced himself to the border guards as a citizen of the Republic. Address. Krupski P., in connection with which, unimpededly passed border control and was let through by the border patrol of the Federal Security Service of Russia for the Kursk Region through the State Border of the Russian Federation, after which he proceeded to the territory of the Russian Federation.
When familiarizing himself with the materials of the criminal case, P. Krupski filed a petition for a verdict without a trial.
At the court hearing, the defendant Krupski P. confirmed the petition for a sentencing without a trial, made when familiarizing himself with the case materials, explaining that he understood the charge, he pleads guilty in full, this petition was submitted voluntarily and after consultation with a defense lawyer, the consequences of a sentencing without a trial of the trial are explained to him and understood by him.
The court, having discussed the petition, having listened to the opinion of defense attorney E.A. Mashkov and state prosecutor A.A. Lukyanenko, came to the conclusion that it was filed in accordance with the requirements of Chapter 40 of the Code of Criminal Procedure of the Russian Federation and is subject to satisfaction.
The totality of evidence collected in a criminal case allows the court to conclude that the guilt of the defendant Krupski P. has been proven, and the court qualifies his actions as:
- for crimes of November 6, 2013, April 13, 2014 under Part 2 of Art. 322 of the Criminal Code of the Russian Federation; dated December 4, 2014 under Part 2 of Art. 322 of the Criminal Code of the Russian Federation; dated April 9, 2022, May 28, 2022 under Part 2 of Art. 322 of the Criminal Code of the Russian Federation; dated July 19, 2022 under Part 2 of Art. 322 of the Criminal Code of the Russian Federation – crossing the State border of the Russian Federation upon entry into the Russian Federation by a foreign citizen whose entry into the Russian Federation, known to the guilty party, is not permitted on the grounds provided for by the legislation of the Russian Federation.
As mitigating circumstances for Krupski P., the court recognizes remorse for his actions, the presence of minor children when committing crimes in 2013, 2014.
The court did not establish any circumstances aggravating Krupski P.'s punishment.
Discussing in accordance with the requirements of Part 6 of Art. 15 of the Criminal Code of the Russian Federation, the question of the possibility of changing the category of the crime committed by Krupski P. to a less serious one, the court finds no reason to change it.
When assigning punishment to Krupski P., the court takes into account information about the personality of the defendant, who is positively characterized at the place of permanent residence and detention, state of health, admission of guilt, repentance, which is collectively recognized by the court as circumstances mitigating the punishment, the impact of the imposed punishment on his correction, the living conditions of his family.
At the same time, taking into account that Krupski P. committed a crime classified by criminal law as a category of medium gravity, the duration of the criminal activity encroaching on public relations ensuring the procedure established by the state for crossing the state border by foreign citizens, based on the proportionality and fairness of the punishment imposed, and also taking into account the assessment of all the circumstances of the case and information about the identity of the defendant, the court comes to the conclusion that the purposes of punishment provided for in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, can be achieved only in conditions of his real isolation from society in a correctional colony - settlement when imposing a sentence of imprisonment, taking into account the requirements of Part 5 of Art. 62 of the Criminal Code of the Russian Federation.
The issue of material evidence in the case is resolved by the court in accordance with the requirements of Art. 81.82 Code of Criminal Procedure of the Russian Federation.
Based on the aforesaid and guided by Article. Art. 304, 307-309, 316 Code of Criminal Procedure of the Russian Federation, court
The number of cases of illegal entry into the territory of the Russian Federation has increased during the pandemic
Shots at the border
Russia calls on Georgia to abandon provocative actions on the border with the Russian Federation - a corresponding message was published on the website of the Russian Foreign Ministry.
The department is concerned about the increasing number of cases of crossing the border of Russia, Abkhazia and South Ossetia from Georgia. Thus, the Russian Foreign Ministry noted that on July 11, a 33-year-old citizen of Georgia, dressed in a camouflage uniform, managed to walk 300 m from the border deep into the Republic of South Ossetia. There, Russian border guards tried to detain him, but the man decided to escape and shot at the service officers about 10 times.
In response, a Georgian citizen was wounded in the leg - he is now in the hospital. During interrogation, the man admitted that he “consciously and purposefully” crossed the borders of South Ossetia.
On July 9, another Georgian citizen was detained 9 km from the border on the territory of the Republic of Dagestan. On June 13, a 24-year-old Georgian managed to travel 600 meters into the same region; border patrol caught him in the Tsuntintsky district of the region. It is noted that the man was dressed in camouflage uniform and armed with a Vepr hunting carbine with 28 rounds. In addition, he had binoculars with him. According to the Russian Ministry of Internal Affairs, law enforcement officers decided not to initiate a criminal case against the man, but handed him over to Georgian border guards.
On June 6, Russian border guards detained three Georgian citizens near the Abkhaz village of Alakumkhara - after which they were taken to the regional department of the State Security Service of Abkhazia in the Gali region.
In this regard, the Russian Foreign Ministry asked the Georgian authorities to convey to the population that crossing borders is currently prohibited. “We call on the Georgian authorities to put an end to provocative actions and statements, to use all available dialogue formats with Russia, Abkhazia and South Ossetia <...>. We expect the Georgian authorities to conduct more energetic explanatory work with their own population in order to prevent new cases of illegal border crossings,” the department’s website says.
Where do scammers trade?
If Georgians are trying to penetrate Russia on their own, then residents of Belarus use the services of scammers. Criminals publish advertisements offering help on social networks - some offer to transport them across the border along a bypass route, while others are ready to carry them along this route remotely. “100% success, since there are no checkpoints or posts,” the scammers claim.
At the same time, their prices for this service are constantly rising. “Your border guards do not let Belarusians into Russia, they only let them back in. I found out how much it costs to transfer: only recently they asked for 5 thousand rubles, now it’s already 10 thousand rubles per person.
They promise that they either “know the place” or lead through forests where there is no control at all. Some people immediately ask for an advance payment - I immediately refuse them, they are definitely scammers,” a citizen of Belarus named Yuri, who found work in Russia and wants to cross the border, told the RBC Autonews.ru project owned by Grigory Berezkin.
Often, attempts to illegally travel abroad are unsuccessful if citizens try to cheat on their own. Thus, one of the interlocutors of Autonews.ru said that his neighbor hid in a friend’s truck - they were driving along the M1 highway, but did not pass the Redki-Krasnoe checkpoint.
“The FSB searched the cabin and found the poor fellow. There was a bus. They put him there. It was six in the morning. The driver was given a fine of 1.5 thousand rubles and was released with the cargo. And he was only taken to Smolensk at 17:00. We waited until the bus was full. In Smolensk, I sat in the FSB department almost until the morning. <…> They gave me a fine of 2 thousand rubles. They put everyone on the bus with passports of the Republic of Belarus and brought them back. That's how he went to work in Russia. He was pleasantly surprised by how the FSB officers behaved. Polite, correct,” said Belarusian Alexander Berezhnoy.
“I couldn’t understand how I ended up at the border”
As it turned out, it is possible to illegally cross the Russian border from Lithuania. This was told by Rostov resident Arseny Titov, who in 2022 studied in his final year of master’s degree at the Faculty of History of Moscow State University.
In February, when the coronavirus was not yet spreading so rapidly around the world, the young man went for an internship at Vilnius University. On May 29, Titov’s visa was expiring - on the same day, Moscow State University bought him a ticket back to Moscow, and on June 2, his diploma defense was supposed to take place. As a result, the student decided to return to his homeland at any cost.
He took a bus to the city of Kibartai, which was located near the border with Russia. “I asked passers-by how to get to the border. They kindly showed me the way. I walked, rattling my broken suitcase so that many people looked out of the windows. They probably thought that Russian tanks were in the city,” the guy told the Rostov portal Donday.
Soon he was already at the checkpoint - from the reaction of the border guards, the young man realized that he was the first who wanted to cross the borders after they were closed. “A polite border guard asked me what I was doing in Lithuania. I showed the student card. Then he asked why I didn’t stay until the end of quarantine, because there would be no sanctions for this. I explained that I was defending my diploma, and I didn’t want any problems in the future,” Titov said.
As a result, he managed to persuade the border guard to let him through - at the Russian barrier, the young man was met by his “familiar blonde in uniform.”
“To say that she was surprised is to say nothing. To her I was an almost unearthly being. She clearly could not understand how a young man, laden with heavy luggage, in the midst of a pandemic, in complete isolation, ended up at the border. And, of course, her first question was: “What are you doing here?”
- the student recalls.
As a result, the border guard called the boss - he allowed Titov to cross the border, but after sanitary, border and customs control. After taking his temperature, checking his documents and luggage, the student ended up in the small village of Chernyshevskoye, Kaliningrad region, and then reached the capital.
"Up to two years in prison"
Lawyer Alexey Gavrishev explained to Gazeta.Ru that Russians are allowed to return to their homeland across the land border, but not everyone - this right is reserved for diplomatic workers, their relatives, truck drivers, diplomatic couriers, military personnel and other employees whose movement is prohibited the border is mandatory.
“Within the meaning of the restrictions introduced in connection with the coronavirus pandemic, citizens of the Russian Federation had the right to enter the territory of the country, but their right to leave was limited; mirror measures were introduced in relation to foreigners, that is, they could freely leave the Russian Federation, but entry for them was denied closed,” the lawyer noted.
At the same time, he believes that citizens who entered Russia illegally during the pandemic should have been subject to more serious sanctions than a fine of 2 thousand rubles or return outside the border.
“Any attempts to illegally cross the state border are qualified under Article 322 of the Criminal Code of the Russian Federation - “Illegal crossing of the State Border of the Russian Federation”, the sanction for which, without taking into account aggravating circumstances, provides for up to two years in prison. It is absolutely the same for both citizens of the Russian Federation and foreigners. The only difference is that, as a rule, during the preliminary investigation, foreign citizens are more often placed in pre-trial detention centers, because they do not have a permanent place of residence on the territory of the Russian Federation and can hide from the preliminary investigation authorities,” Gavrishev said in a conversation with Gazeta. Ru".
