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.
Official website of the Supreme Court of the Russian Federation
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.
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 Rostovite Arseny Titov, who in 2021 studied in the last year of his 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".
Administrative expulsion from the Russian Federation (deportation). Entry is undesirable
Author: Anatoly Antonov, November 14, 2021 at 00:57 Good afternoon!
According to Article 3.10 of the Code of Administrative Offenses, administrative expulsion from the Russian Federation of foreign citizens or stateless persons consists of the forced and controlled movement of these citizens and persons across the State Border of the Russian Federation outside the Russian Federation (hereinafter referred to as forced expulsion from the Russian Federation) , and in cases provided for by the legislation of the Russian Federation - in the controlled independent departure of foreign citizens and stateless persons from the Russian Federation. Administrative deportation from the Russian Federation as a measure of administrative punishment is established in relation to foreign citizens or stateless persons and is appointed by a judge, and if a foreign citizen or stateless person commits an administrative offense upon entry into the Russian Federation - by the relevant officials. Administrative expulsion from the Russian Federation cannot be applied to military personnel who are foreign citizens. When imposing an administrative penalty in the form of administrative deportation from the Russian Federation of a foreign citizen or stateless person, the judge makes a decision on his forced deportation from the Russian Federation or controlled independent departure from the Russian Federation. In order to execute the administrative punishment imposed on a foreign citizen or stateless person in the form of forced deportation from the Russian Federation, the judge has the right to impose on such persons detention in a special institution provided for by Federal Law of July 25, 2002 N 115-FZ “On the Legal Status of Foreign Citizens in Russian Federation". Administrative punishment in the form of controlled independent departure from the Russian Federation may be imposed on a foreign citizen or stateless person in the event of administrative expulsion from the Russian Federation at the expense of such foreign citizen or stateless person or at the expense of the body that invited them, a diplomatic mission or consular an institution of a foreign state, the citizen of which is the expelled foreign citizen, an international organization or its representative office, an individual or legal entity specified in Article 16 of the Federal Law of July 25, 2002 N 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation.” According to Article 27 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation,” entry into the Russian Federation is not permitted to a foreign citizen or stateless person if: - in accordance with the Constitution of the Russian Federation to the extent that they are aimed at protecting health as a constitutionally significant value and for these purposes provide for the possibility of making in relation to a foreign citizen or stateless person who has been diagnosed with an infectious disease that poses a danger to others, a decision on the undesirability of his stay (residence) in the Russian Federation in the event of refusal or evasion of such a foreign citizen or stateless persons from treatment, as well as their violation of the established procedure for treatment, entailing a real threat to public health; - do not comply with the Constitution of the Russian Federation to the extent that in the system of legal regulation of relations regarding the adoption of a decision on the undesirability of a foreign citizen or stateless person staying (residing) in the Russian Federation due to the presence of an infectious disease that poses a danger to others, these provisions create insurmountable obstacles to the entry of such a foreign citizen or stateless person into the Russian Federation - regardless of the fact of his subsequent documented recovery from this infectious disease 1) this is necessary in order to ensure the defense capability or security of the state, or public order, or the protection of public health, for except for the cases provided for in paragraph two of paragraph 3 of Article 11 of the Federal Law of March 30, 1995 N 38-FZ “On preventing the spread of the disease caused by the human immunodeficiency virus (HIV infection) in the Russian Federation”; 2) in relation to a foreign citizen or stateless person, a decision has been made on administrative expulsion from the Russian Federation, on deportation or transfer by the Russian Federation to a foreign state in accordance with the international treaty of the Russian Federation on readmission - within five years from the date of administrative expulsion from the Russian Federation Federation, deportation or transfer by the Russian Federation to a foreign state in accordance with the international treaty of the Russian Federation on readmission; 2.1) in relation to a foreign citizen or stateless person, a decision was made repeatedly (two or more times) on administrative expulsion from the Russian Federation, on deportation or transfer by the Russian Federation to a foreign state in accordance with the international treaty of the Russian Federation on readmission - within ten years from the date of administrative expulsion from the Russian Federation, deportation or transfer by the Russian Federation to a foreign state in accordance with the international treaty of the Russian Federation on readmission; 2.2) during the previous stay in the Russian Federation, the readmission procedure for a foreign citizen or stateless person was terminated in accordance with Article 32.5 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” - within three years from the date of departure from the Russian Federation ; 3) a foreign citizen or stateless person has an unexpunged or outstanding criminal record for committing an intentional crime on the territory of the Russian Federation or abroad, recognized as such in accordance with federal law; 4) a foreign citizen or stateless person has not submitted the documents required to obtain a visa in accordance with the legislation of the Russian Federation - before their submission; 5) a foreign citizen or stateless person has not submitted a health insurance policy valid on the territory of the Russian Federation - before its submission, with the exception (on the basis of reciprocity) of employees of diplomatic missions and consular offices of foreign states, employees of international organizations, family members of these persons and other categories of foreign citizens; 6) when applying for a visa or at a checkpoint across the State Border of the Russian Federation, a foreign citizen or stateless person was unable to confirm the availability of funds for living on the territory of the Russian Federation and subsequent departure from the Russian Federation or provide guarantees for the provision of such funds in accordance with the procedure established authorized federal executive body; 7) in relation to a foreign citizen or stateless person, a decision has been made that it is undesirable to stay (reside) in the Russian Federation, including if this citizen is included in the list of citizens of the United States of America who are prohibited from entering the Russian Federation; 9) a foreign citizen or stateless person used false documents; 10) a foreign citizen or stateless person, during his previous stay in the Russian Federation, evaded paying a tax or an administrative fine or did not reimburse the costs associated with administrative expulsion from the Russian Federation or deportation - until the corresponding payments have been made in full. The procedure for repayment by foreign citizens and stateless persons of such debt is determined by the Government of the Russian Federation; 11) a foreign citizen or stateless person has been repeatedly (two or more times) within one year brought to administrative responsibility for committing an administrative offense related to an encroachment on public order and public safety or violation of the regime of stay (residence) of foreign citizens or stateless persons citizenship in the Russian Federation or the procedure for carrying out labor activities on the territory of the Russian Federation - within five years from the date of entry into force of the last resolution on bringing to administrative responsibility; 12) a foreign citizen or stateless person during his previous stay in the Russian Federation exceeded the period of stay of ninety days in total during each period of one hundred and eighty days - within three years from the date of departure from the Russian Federation; 13) a foreign citizen or stateless person did not leave the Russian Federation during his previous stay in the Russian Federation and stayed in the Russian Federation continuously for more than one hundred and eighty days, but not more than two hundred and seventy days from the date of expiration of the period of temporary stay in the Russian Federation provided for by federal law , - within five years from the date of departure from the Russian Federation; 14) a foreign citizen or stateless person did not leave the Russian Federation during his previous stay in the Russian Federation and stayed in the Russian Federation continuously for more than two hundred and seventy days from the date of expiration of the period of temporary stay in the Russian Federation provided for by federal law - for ten years from day of departure from the Russian Federation. If the entry into the Russian Federation of a foreign citizen or stateless person is limited on the grounds provided for in subparagraphs 2, 2.1, 2.2, 3 and 7 of part one of this article, the border authorities of the federal security service and the federal executive body in the field of internal affairs or its territorial body in in cases established by the Government of the Russian Federation, puts a corresponding mark in the identity document of a foreign citizen or stateless person. A foreign citizen or stateless person who is not allowed to enter the Russian Federation on one of the grounds provided for in part one of this article, entry into the territory of the Russian Federation is permitted if there is written confirmation from the federal executive body in the field of internal affairs about the application against the specified foreign citizen or a stateless person, the readmission procedure indicating the date and intended checkpoint across the State Border of the Russian Federation. Thus, a reduction in the period of deportation is possible only if the court decision is declared illegal. Answer
