That's it: migrants will be expelled from the Russian Federation for extremist symbols and hooliganism

The list of administrative offenses for which expulsion from Russia is envisaged will be expanded almost twice. Currently, 22 articles of the Administrative Code provide for such punishment. The standard, which was approved by the government commission on legislative activity, suggests the possibility of deportation for two dozen more articles. Expulsion from the Russian Federation will be threatened, in particular, for disobeying the police, minor hooliganism, firing weapons outside designated areas and displaying extremist symbols. Izvestia understood who could be affected and how this mechanism would work.

What will they be deported from Russia for?

The draft law, developed by the Ministry of Internal Affairs, was approved by the government commission on legislative activity on Monday, March 16. The document suggests the possibility of deporting foreigners under another 20 articles. The changes tighten the responsibility for foreign citizens for committing offenses related to extremism, a threat to public and information security, said Vladimir Gruzdev, Chairman of the Board of the Association of Lawyers of Russia.

"For the most dangerous acts, for example, for the dissemination of extremist materials, it is proposed to establish expulsion as the main and mandatory punishment, completely replacing the fine," the expert noted.

In particular, this measure is going to be applied for propaganda or demonstration of Nazi or extremist symbols, violation of martial law, firing weapons in the wrong place, abuse of freedom of the media.

In addition, this sanction is proposed to be used in cases of dissemination of content with public calls for terrorist acts or justification of terrorism, discrediting the Russian Armed Forces, calls for the introduction or extension of sanctions against the Russian Federation, as well as for participation in illegal rallies.

The measure can be applied for minor hooliganism, disobedience to the lawful request of police officers or the Rosgvardiya, violation of the procedure for holding rallies, marches and pickets, as well as for organizing a mass stay of citizens in public places, resulting in a violation of public order or causing harm to health and property.

What other tightening measures are planned

For a number of compositions that infringe on constitutional values, for example, participation in the activities of an undesirable foreign organization, it is proposed to abolish the mandatory assessment of the violator's personality and the circumstances of the case when deciding whether to apply this measure, making it uncontested, Vladimir Gruzdev added.

"Also, according to a number of articles, expulsion will act as a mandatory additional punishment to the main fine," he added. — At the same time, confiscation of the instrument or object of the offense may be imposed at the same time, however, the draft law explicitly prohibits the imposition of two or more additional punishments for one act. This leads to a proposal for some compounds to replace the fine as the main punishment with mandatory expulsion.

In parallel, according to Vladimir Gruzdev, the bill provides for an increase in the amount of administrative fines under Chapter 18 of the Administrative Code of the Russian Federation. It is proposed to increase the penalty for violation of the stay regime: for simple trains — from 2-5 to 4-7 thousand rubles, for qualified trains — from 5-7 to 7-9 thousand rubles.

One of the reasons for the appearance of the document was the increased illegal activity of foreign citizens, especially in the field of public security and law and order, which has been observed in recent years, the authors of the bill note.

"Illegal activities of foreign citizens are often accompanied by violent actions that endanger the life and safety of citizens, the use of force against government officials, as well as obstruction of the normal functioning of life support facilities, transport or social infrastructure," the explanatory note to the bill says. —In addition, migration flows often increase the level of conflict and serve as additional arguments to justify xenophobic violence for ideologues of extremism and terrorism."

In 2024, almost 183.7 thousand administrative expulsion orders were issued, 89 thousand of them on deportation (forced expulsion). At the same time, over the same period, 60.3 thousand protocols were drawn up against migrants for offenses for which it is proposed to introduce stricter responsibility.

Why did the changes take place?

The appearance of the draft law is a continuation of the trend in recent years towards stricter migration regulation and increased administrative responsibility for violations of the stay regime, said Alexey Gavrishev, lawyer and Managing partner at AVG Legal.

"The amendments strengthen existing mechanisms — they increase the size of fines and expand the use of administrative expulsion for foreign citizens and stateless persons," he said. — In fact, we are talking about making administrative sanctions more sensitive and leading to real consequences faster.

Currently, a significant part of such violations ends with relatively small fines, which do not always have a preventive effect, the lawyer emphasized. Therefore, the state is trying to strengthen sanctions and more often apply expulsion as a measure of influence.

"There is also an attempt to close legal gaps," he added. — In practice, authorities are faced with situations where a foreign citizen repeatedly violates the regime of stay, but current regulations do not always allow them to respond promptly or apply more stringent measures. The bill aims to unify the practice and make sanctions more specific.

At the same time, such changes almost always provoke a discussion about the balance between the effectiveness of migration control and the risks of excessive application of sanctions, Alexey Gavrishev added. Administrative expulsion is a rather harsh measure, and in law enforcement it is important that it is used proportionately and taking into account the specific circumstances of the case.

— From the point of view of practice, it can be expected that after the adoption of the amendments, the number of cases on migration administrative structures will increase, and the courts will order expulsion more often, — the expert believes. — This may speed up decision-making in such cases, but at the same time it will increase the burden on the system of execution of administrative penalties.

At the same time, the amendments will significantly strengthen the control of migration policy, as well as increase the safety of citizens, said Sofya Lukinova, head of the legal department of VMT Consult.

— The efficiency of the establishment of cases of expulsion and their consideration will noticeably increase, — she said. — One of the negative aspects is the increased burden on law enforcement agencies, as there will definitely be more cases to consider. The pressure on the budget will also increase: money will be needed for expulsion, maintenance and escort, payment for travel to the homeland.

There is also a risk of cases where the punishment does not correspond to the severity of the violation, especially with regard to online behavior, the experts added.