- Статьи
- Auto
- A stranger among his own: foreign rights do not always need to be changed to Russian ones
A stranger among his own: foreign rights do not always need to be changed to Russian ones
The requirement to obtain Russian rights instead of foreign ones does not take into account that a citizen of the Russian Federation can repeatedly enter Russia temporarily while remaining permanently resident abroad. The Constitutional Court considered that this puts Russians in a worse legal position than foreign citizens, and allowed them to drive vehicles on the basis of foreign driver's licenses, but subject to certain conditions. Details can be found in the Izvestia article.
Lived there, traveled here
The reason for the proceedings was the appeal to the Constitutional Court of a citizen of the Russian Federation Sergey Sh. In August 2019, he was fined 5,000 rubles for driving with a foreign driver's license, while his Russian license expired in 2004. The car owner did not agree with the fine, as an argument, he indicated that, being a citizen of the Russian Federation, he permanently resided in the Republic of Estonia on the basis of a residence permit.
The judge of the Arkhangelsk District Court left the decision on bringing to administrative responsibility unchanged. The higher courts also agreed with him, pointing out that driving with a driver's license issued abroad is permissible only for foreigners who reside in Russia permanently or temporarily, or temporarily stay in our country.
They gave me a year
In July 2023, amendments to the legislation came into force, allowing those who have obtained a residence permit (residence permit) or citizenship of the Russian Federation to drive a car on the basis of foreign national driver's licenses, but for a certain period of time. Such drivers were given a one-year period to replace the document with a Russian license.
The exception is holders of driver's licenses issued in Belarus. Citizens of the Republic of Belarus with a residence permit in the Russian Federation do not need to change their driver's license. In addition, if citizens of the Republic of Belarus want to get Russian rights, they may not take the exams.
"If, from the moment of the first temporary entry into Russia of a citizen of the Russian Federation who permanently and lawfully resides in a foreign state party to the Convention on Road Traffic, which is not related to the change of his place of permanent residence, the one—year period begins, after which it is prohibited to drive vehicles in the Russian Federation on the basis of foreign driving documents," the the press service of the Constitutional Court.
Puts you in a worse position
However, this mechanism does not take into account that a citizen of the Russian Federation may repeatedly enter Russia temporarily while permanently residing abroad. At the same time, foreign drivers are allowed to drive with a foreign license without any time limits.
"In this regard, the requirement for Russian citizens residing in a foreign state party to the Convention on Road Traffic and temporarily entering the Russian Federation to drive in Russia after a one—year period only if they have domestic driver's licenses puts them in a worse legal position than foreign citizens," the Constitutional Court noted.
This restricts the constitutional right to freedom of movement, so the Constitutional Court decided to review the applicant's case.
The legislator should make the necessary changes to the current legislation, the court ruling says. Up to this point, Russian citizens who find themselves in the same situation as the applicant have the right to drive a vehicle in Russia on the basis of foreign rights, the Constitutional Court said. At the same time, certain conditions must be met.
Come as much as you want
— Let's say a person entered Russia with his foreign driver's license, then left back. I came back a year later. According to the current regulations, if a year has passed, he is obliged to replace his foreign certificate with a Russian one, otherwise he will not have the right to manage. But the Constitutional Court ruled that this was unconstitutional. Therefore, a person can come as many times as he wants, even after a year, and his foreign identity card will be valid. But if he lives here for no more than 183 days," Sergei Radko, a lawyer for the Freedom of Choice movement, told Izvestia.
Ot clarified that those who have obtained Russian citizenship are still required to change their foreign rights to Russian ones within a year of obtaining citizenship, or within a year of their first entry.
For exams
The innovation concerns only a few citizens of the Russian Federation, noted Sergey Radko. Igor Morzharetto, a member of the Presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation, agrees with him.
— It is difficult to say how many people, on the one hand, having Russian citizenship, on the other hand, citizenship or residence permit, conditionally, of Western Europe, permanently live there and come here for a while. In my opinion, in the current conditions, these are some thousands, but not millions. — he told me.
ID replacement is a common global practice, Igor Morzharetto noted.
— If you live in a country, you must have a national driver's license. If you come to Germany and get a residence permit, you can only travel with a Russian license for six months. It's the same with us. At one time, they were simply changed, a medical certificate was needed. We need to take exams now," the expert explained.
Переведено сервисом «Яндекс Переводчик»
