On January 5, 2024 amendments to the Russian Code of Administrative Offenses made by Federal Law No. 649-FZ of December 25, 2023 came into force.
In accordance with new provisions when imposing a penalty on a foreign citizen in the form of an administrative expulsion from the RF court judges are empowered to consider, among other things, circumstances characterizing the personality of an offender, namely, duration of his residence in the RF, family status, payment of Russian taxes, income and availability of a residing place in the RF, type of activities and profession, law-abiding behavior, application for Russian citizenship and other circumstances.
In addition, court judges are now entitled to replace administrative expulsion from the RF prescribed to a foreign citizen as a mandatory penalty under the relevant article of the Russian Code of Administrative Offenses with a lighter penalty in the form of an administrative fine in the amount from 40,000 rubles to 50,000 rubles or compulsory works for the term from 150 up to 200 hours taking into account the above- circumstances characterizing the personality of an offender as well as the conclusion about excessive restrictions on the right and disproportionality to the goals of penalty when imposing expulsion from the RF. Please note that the Federal Law establishes a number of exceptions to this rule.
The Russian Code of Administrative Offenses also contains provisions clarifying the procedure and terms for detention of foreign citizens at special institutions when imposing penalty in the form of an administrative expulsion from the RF, issues on execution of the decisions on administrative expulsion from the RF and some other issues.