The Federal Law on the Legal Position of Foreign Citizens in the Russian Federation introduced in July 2002, sets out the regulations for foreign citizens residing in the Russian Federation. Breaking the regulations set out in this law is an administrative offence that can result in deportation under Article 31(3) of the law.

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The Russian Constitution under Article 56 states that individuals rights and liberties may be restricted in conformity with the Federal constitutional law under conditions of a state of emergency in order to ensure the safety of citizens and protection of the constitutional system. The Federal Law on the Fight against Terrorism of 1998 sets out the legal and organisational basis of anti-terrorist and measures in the Russian Federation. Terrorism is defined in Article 3 as violence or the threat of violence against individuals or the destruction of property "implemented with a view to violating public security, intimidating the population, or influencing the adoption of decisions advantageous to terrorists by organs of power…" Among the organs that implement this law is the Federal Security service and Federal border service. Persons conducting anti-terrorist activities have wide powers under Article 13 of the law these include powers to: check identity documents and detain persons without such documents; detain persons who impede the demands of those conducting anti-terrorist operations; and freely enter houses and territory to suppress terrorist action or pursue suspected terrorists. Chechnya was decreed to be in a state of emergency in 1991 with such powers being exercised over Chechen citizens. The State of emergency Decree, number 178, was issued by President Yeltsin. There is no provision in the Constitution requiring that state of emergency measures be implemented without discrimination, however under Article 56(3) fundamental rights such as the rights to life, dignity of the person and privacy, may not be restricted.

A new Criminal Procedure Code came into effect in July 2002, which includes provisions on detention which will not come into effect until January 2004. The Code only allows police to detain persons when they believe them to have committed a crime, or that they are an imminent threat to others, if so they may detain them for 24 hours. The procurator then has 24 hours to confirm the charge or release the suspect. The new Code also provides that suspects should have access to legal counsel promptly, this brings into force a provision in Article 48(2) of the Russian Constitution that states that persons detained shall have the right to legal counsel from the moment of detention.

Irregular migrants may be detained under Article 322(1) of the Russian penal code, which allows for the punishment of persons who have crossed the border without the necessary documents or permission for by a fine or imprisonment for up to two years. Article 322 does not apply to persons entering the country to claim asylum without the correct documentation.

Trafficking is a particular concern in the Russian Federation, particularly trafficking out of Russia. A new draft law of February 2002 On Countering Trafficking in Persons and measures to protect victims of trafficking in persons, introduces provisions to counter the traffic of persons, to protect victims and prevent trafficking. Those found to have participated in trafficking in the Russian Federation may be prosecuted under the legislation. Trafficking is defined as "recruitment, transportation, transfer, harbouring or receipt of persons by means of force or threat of use of force or by coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or by means of bribery in the form of payments or benefits, to achieve the consent of a person having control over another person". The draft legislation also includes provisions on international co-operation to combat trafficking.

At the time of writing there is no specific prohibition of trafficking in Russian law in force, although Article 322(2) of the Criminal Code creates an offence of unlawful violation of the countries border "by a group of persons in prior arrangement or by an organized group either using violence or the threat of violence". This offence is punishable by 5 years imprisonment and may be used to prosecute traffickers. However it may be difficult to prosecute persons who traffic individuals who have given their consent. The crime of smuggling persons across the border without valid documents is punishable by fines or imprisonment of up to two years.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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