Deportation is the expulsion of a foreign citizen from the Russian Federation, which is carried out when such a person ceases to have grounds for staying in the country. Expulsion is used as a measure of administrative punishment, which should be distinguished from deportation, although these concepts are often identified.
A specific type of administrative responsibility for the Russian legal system is administrative expulsion from the country. This punishment should be distinguished from deportation, which applies to those foreign citizens, stateless persons, whose right to stay in the Russian Federation has ceased. The use of deportation is not a consequence of the commission of any offenses, therefore, it cannot be considered a type of administrative punishment. At the same time, administrative expulsion is imposed precisely for the commission of offenses, entails negative legal consequences and additional restrictions for violators. The categories "administrative expulsion" and "deportation" are unreasonably identified by some lawyers, but it is the expulsion that is an administrative punishment.
How is administrative expulsion ordered?
Administrative expulsion can only be imposed on foreign citizens, stateless persons. The exclusive right to apply this type of punishment is assigned to the court, but the exception is cases of offenses committed by foreign citizens at the border, since in this case this measure can be applied by other bodies, officials. Prior to the application of expulsion, the guilty person may be held in a special institution for a certain amount of time. The procedure itself can be implemented in two main forms: forced departure and controlled independent departure. The specific form of expulsion in each case is chosen by the court, however, in practice, independent controlled departure is applied to violators based on the results of the first administrative offense.
For what offenses is expulsion assigned?
Administrative expulsion is an additional measure of administrative punishment, which is imposed along with a fine. In some cases, the application of this measure of responsibility is left by the law at the discretion of the authorized body, which is considering a specific case (depending on the wording of the sanction of the administrative norm). Most of the offenses, for the commission of which expulsion can be applied, is associated with a violation of the rules for entering the Russian Federation, the rules for staying on its territory. These compositions are enshrined in Chapter 18 of the Code of Administrative Offenses of the Russian Federation.
