Equipo Nizkor - Law of the Russian Federation on Forcibly Displaced Persons.

This law, in accordance with the Constitution (Fundamental Law) of the Russian Federation - Russia, and generally recognized norms of international law, shall determine the legal status of forcibly displaced persons on the territory of the Russian Federation and shall affirm legal, economic and social guarantees for the protection and implementation of rights and legitimate interests of citizens of the Russian Federation and of other persons, permanently resident of the territory of the Russian Federation, who were forced to leave the place of their permanent residence.

Article 1 - Notion of "Forcibly Displaced Persons".

A forcibly displaced person shall be a citizen of the Russian Federation who was forced to leave, or intends to leave, the place of his/her permanent residence on the territory of another State or on the territory of the Russian Federation due to violence or persecution committed against him/her or against members of his/her family in any form, or due to a real danger of being subjected to persecution on the grounds of race, nationality, religion, language, as well as membership of a particular social group or political opinion, following hostile campaigns aimed against certain individuals or groups of individuals, massive disturbance of public order and other circumstances seriously violating human rights.

Recognition as a forcibly displaced person may also be extended to a person not having the citizenship of the Russian Federation who was forced to leave the place of his/her permanent residence on the territory of the Russian Federation on the grounds provided for in paragraph one of this Article.

Recognition as a forcibly displaced person may be extended to a citizen of the former USSR residing on the territory of a former constituent republic of the USSR, who has arrived to the Russian Federation under the circumstances referred to in paragraph one of this article and has acquired the citizenship of the Russian Federation while residing on the territory of the Russian Federation.

No person may be recognized as forcibly displaced if he/she has committed a crime against peace and humanity or another grave international crime.

Article 2 - Procedure for Applying for the status of forcibly displaced persons.

To be recognized as a forcibly displaced person, after he/she has left the place of his/her permanent residence on the grounds specified in paragraph one of article 1 of this law, a person must, either in person or through an authorized representative, at his/her new place of stay address an application to the corresponding office of the Federal Migration Service of Russia, i.e. the migration service of a constituent republic of the Russian Federation, autonomous region, autonomous area, territory, region, the cities of Moscow and St. Petersburg or, in the absence of such offices, to a corresponding executive authority.

The authority referred to in paragraph one of this article shall decide on the registration of the application for recognition of a person as forcibly displaced within five days from the date of submitting such application.

In the event of a sudden massive influx to a certain territory of the Russian Federation of persons on the grounds set forth in paragraph one of article 1 of this law, decisions on registration of such persons shall be taken by the Federal Migration Service without delay.

A person wishing to be recognized as forcibly displaced prior to abandoning his/her place of permanent residence shall have the right to file an application in advance at the place of his/her proposed relocation to the corresponding authority of the Federal Migration Service of Russia or, in the absence of such authority, to the corresponding executive authority or to a diplomatic or consular representation of the Russian Federation in the country of his/her stay. The said representations shall forward such applications to the Federal Migration Service of Russia.

Article 3 - Rights and Obligations of Persons Applying for Recognition as Forcibly Displaced Persons.

In case the application for recognition as forcibly displaced is registered, the applicant shall receive a temporary residence permit and, in accordance with the procedure determined by the Government of the Russian Federation, he/she shall be entitled to travel and shipment of baggage to the place of such temporary residence. Persons in special need applying for recognition as forcibly displaced (lonely pensioners, lonely disabled, single mothers with children under three years of age, families with three or more children aged under 18) shall enjoy the right of free travel and shipment of baggage to the place of such temporary residence on the territory of the Russian Federation.

In accordance with the procedure established by the Government of the Russian Federation, persons referred to in paragraph one of this article staying on the territory of the Russian Federation, pending the adoption of decision on recognition as forcibly displaced, shall have the right to:

live at the place of his/her temporary residence and to make use of communal facilities;
receive an approved food ration;
have access to medical treatment and medicines;
receive a lump-sum and other allowances in the amount determined by the Government of the Russian Federation;

A person applying for recognition as a forcibly displaced person shall be obligated to provide the respective Government authorities with such information as may be required for the consideration of his/her application.

A person applying for recognition as forcibly displaced, residing on the territory of the Russian Federation, shall be under obligation:

to comply with the established order at the place of temporary residence;
to undergo a medical examination at the request of the medical authorities.

In case the applicant is refused registration for recognition as forcibly displaced person, he/she shall, within five days as from the date of adoption of the corresponding decision, receive a written notice to that effect, which notice shall state the reasons for such rejection and explain the procedure of appeal against such decision; if the applicant resides outside the Russian Federation, such notice shall be forwarded to him/her.

A decision to refuse to register an applicant for recognition as a forcibly displaced person may be appealed to a higher authority of the Federal Migration Service of Russia or to a court of law within one month as from the date of receipt by the applicant of an appropriate written notice of the refusal. The applicant shall be exempt from costs related to the examination of his/her application at all stages.

Article 4 - The Procedure for Recognition of a Person as Forcibly Displaced.

A decision on recognition of a person as forcibly displaced shall be taken by the appropriate migration service authority of a constituent republic of the Russian Federation, autonomous region, autonomous area, territory, region, the cities of Moscow and St. Petersburg or, in the event of an application being filed through diplomatic or consular representation of the Russian Federation, by the Federal Migration Service of Russia, within three months from the date of registration of the application for recognition as a forcibly displaced person.

A person recognized as forcibly displaced shall be issued appropriate identification papers.

Should a person be refused recognition as forcibly displaced, he/she shall, within five days from the date of adoption of the corresponding decision, receive a written notice to that effect or, if the applicant resides outside the Russian Federation, such notice shall be forwarded to him/her, which notice shall state the reasons for such rejection of his/her application and explain the procedure of appeal against such decisions.

A negative decision on recognition of a person as forcibly displaced may be appealed to a higher authority of the Federal Migration Service of Russia or to a court of law within one month from the date of receipt by the applicant of the written notice.

Pending the adoption of a final decision on the appeal, the appellant shall enjoy the rights provided for in article 3 of this law.

Article 5 - Ensuring the Rights of Forcibly Displaced Persons in Places of Temporary Residence. vPending the adoption of a decision regarding a permanent place of residence in accordance with the procedure established by the Government of the Russian Federation, the Federal Migration Service of Russia shall ensure that forcibly displaced persons:

may live in the place of temporary residence (at the forcibly displaced's option he/she may live with relatives or other persons, subject to their consent, regardless of their housing space);
may have assistance in finding employment at the place of temporary residence;
may receive free meals in the event of lack of capacity to work, which must be supported by duly formalized medical documents;
may have an access to medical assistance and medicines;
may receive allowances in accordance with the procedure and in the amount determined by the Russian Federation Government.

A forcibly displaced person shall have the right to chose a place for permanent residence on the territory of the Russian Federation at his/her own option, including residential areas where his/her relatives live, subject to their consent to such joint residence, or in a residential site from among those offered by the Federal Migration Service of Russia.

In accordance with the procedure established by the Government of the Russian Federation, a forcibly displaced person shall be entitled to travel and shipment of baggage to the place of his/her permanent residence. Persons in special need recognized as forced immigrants (lonely pensioners, lonely disabled, single mothers with children under three years of age, families with three or more children aged under 18) shall be entitled to travel and ship their baggage to the place of such temporary residence free of charge.

Article 6 - Obligations of Government Authorities and Local Self-Government Bodies with Regard to Forcibly Displaced Persons.

The relevant Government authorities and local self-government bodies shall have the obligations as follows:

to provide a forcibly displaced person with a list of residential sites recommended by the Federal Migration Service of Russia or its agencies for permanent settlement, as well as with information on living conditions and employment opportunities in those places;
to provide a forcibly displaced person, in case of selection by him/her of a place for permanent residence at the recommendation of the Federal Migration Service of Russia or its agency, with housing from the special housing fund intended for forced migrants, or to put such forcibly displaced persons on a list of citizens who, in accordance with housing legislation of the Russian Federation are entitled to acquiring (purchasing) housing on a priority basis from the State or municipal housing fund;
to assist a forcibly displaced person in joining a house-building cooperative, in individual housing construction, including acquisition (purchase) of a plot of land and building materials, as well as providing them access to loans on privileged terms for the above purposes, in accordance with the procedure established by the Government of the Russian Federation;
to assist a forcibly displaced person in finding occupation in accordance with his/her profession (specialty) and qualification, with due account of the level of employment of the population in the given region; whenever necessary, to provide him/her with a possibility of a professional training (re-training) and advanced training;
to pay to a forcibly displaced person during the period of his/her professional training (re-training) a student grant in the amount determined by the Law of the Russian Federation "On the Employment of the Population in the Russian Federation";
to offer to a forcibly displaced person, in case of his/her employment in a rural area, privileges as provided for by the legislation of the Russian Federation for persons relocating to rural areas;
in accordance with the Law of the Russian Federation "On the Employment of the Population in the Russian Federation", to grant additional tax privileges and rebates to enterprises, institutions and organizations offering employment to forcibly displaced persons, with the view of compensating costs related to the employment of the said persons;
to register a forcibly displaced person as unemployed in case of impossibility to provide an employment for him/her in accordance with the applicable legislation, regardless of the duration of his/her residence on the territory of the Russian Federation;
to offer places in social protection institutions, on the first priority basis, to the lonely forcibly displaced persons, i.e. the aged and the disabled, who are in need of special care;
to assist in providing State or municipal pre-school or general education facilities for forcibly displaced children, as well as to assist in transfer of students to the appropriate general and higher professional education institutions;
to assist a forcibly displaced person at his/her request in returning to the place of his/her former habitual residence.

Article 7 - Compensation of Losses to a Forcibly Displaced Person.

The Federal Migration Service of Russia shall adopt measures to recover and return to a forcibly displaced person property abandoned at the place of his/her former permanent residence, the possession of which is supported by appropriate documents. Should it be impossible to recover such property, the forcibly displaced person shall receive compensation in accordance with the procedure and in the amount determined by the Government of the Russian Federation.

Article 8 - Guarantees of Rights of a Forcibly Displaced Person.

A forcibly displaced person may not be returned against his/her will to the territory (or place of residence) he/she left on the grounds provided for in article 1 of this law.

Decisions and actions by Government authorities and local self-government bodies and officials infringing upon the rights of a forcibly displaced person as established by the legislation of the Russian Federation may be appealed to higher authorities of to a court of law.

Article 9 - Loss and Deprivation of the Status of Forcibly Displaced Persons.

A person shall lose the status of forcibly displaced person if he/she:

has acquired the citizenship of another State;
has left the Russian Federation for permanent residence elsewhere.

A person shall be deprived of the status of forcibly displaced person by the Federal Migration Service of Russia or its agency, if such person had intentionally resorted to fraudulent representations which provided the ground for recognition of himself/herself as forcibly displaced.

Article 10 - Rendering Assistance to Forcibly Displaced Persons.

The issues related to reception, recognition, accommodation, settlement and employment of forcibly displaced persons shall be resolved by the Federal Migration Service of Russia and its agencies.

The Federal Migration Service of Russia shall coordinate the activities of Ministries and Departments of the Russian Federation as regards the problem of forcibly displaced persons.

Article 11 - Collaboration between Governmental Authorities and Local Self-Government Bodies and Public Associations as well as other NGOs as Regards Rendering Assistance to Forcibly Displaced Persons.

The relevant Government authorities and local self-government bodies shall help public associations and other non-governmental organizations in their work as regards rendering assistance to forcibly displaced persons; shall work out and undertake, jointly with them and subject to their consent, appropriate programs.

Article 12 - Aid Fund for Forcibly Displaced Persons.

With the view of providing favorable material conditions to forcibly displaced persons and compensation of costs related to their settlement in places of new permanent residence on the territory of the Russian Federation, an Aid Fund for Forcibly Displaced Persons (a special pool of financial resources intended for rendering assistance to forcibly displaced persons) shall be established under the Government of the Russian Federation.

This Fund shall be formed through allocations from the republican budget of the Russian Federation, direct allotments from the Reserve Fund of the Russian Federation Government; credits and leaned (loans?) for economic installation and settlement paid out by the Central Bank of the Russian Federation, the Peasant's Bank of the Russian Federation or the Savings Bank of the Russian Federation; remittances from the budgets of constituent republics of the Russian Federation, autonomous region, autonomous area, territory, region, the cities of Moscow and St. Petersburg, the territories of which were left by forcibly displaced persons; funds from other States and international organizations on the basis of treaties (agreements) entered into by the Russian Federation; voluntary contributions, as well as receipts from other sources.

Article 13 - Sources for Reimbursement of Costs Related to the Reception and Accommodation of Forcibly Displaced Persons.

The Costs born by Government authorities and local self-government bodies, related to the reception and accommodation on their territories of forcibly displaced persons, shall be reimbursed from the republican budget of the Russian Federation and from the Aid Fund for Forcibly Displaced Persons established in accordance with article 12 of this law.

Constituent republics of the Russian Federation, the autonomous region, autonomous areas, territories (kraj), regions, the cities of Moscow and St. Petersburg, and the territories which were left by forcibly displaced persons shall fully reimburse the expenses of the Aid Fund for Forcibly Displaced Persons related to the reception and accommodation of the said persons, in accordance with the procedure established by the Government of the Russian Federation.

The reimbursement of costs born by Government authorities of the Russian Federation in connection with the reception and accommodation of forcibly displaced persons from other States, as well as payment of compensation to the said persons, shall be effected on the basis of treaties (agreements) entered into by the Russian Federation and the respective States.

Article 14 - International Cooperation as Regards the Problem of Forcibly Displaced Persons.

The Russian Federation shall adopt measures to conclude with other States treaties (agreements) on the problem of forcibly displaced persons arriving, or having the intention to arrive, to the Russian Federation from those States, providing in such instruments for the protection of economic, social and other rights and legitimate interests of forced migrants and the State interests of the Russian Federation.

Should international treaties (agreements) entered into by the Russian Federation establish rules other than those set forth in this law, then the rules of such international treaties (agreements) shall apply, except in the cases when the application of the said instruments may lead to restrictions of the rights and legitimate interests of forcibly displaced persons as spelled out in this law and other Laws of the Russian Federation.

Article 15 - Liability for violation of this law.

Persons guilty of violation of this law shall be liable in accordance with the legislation of the Russian Federation.

This is an unofficial translation of the Law dated 19 February 1993. It includes amendments made on 5 August 1993.

19Feb1993 - RUS

Law of the Russian Federation on Forcibly Displaced Persons

[Source: refworld, United Nations High Commissioner for Refugees - UNHCR.]

Legislation
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