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After the announcement in the Russian Federation “period days” millions of labor migrants from the former Soviet Union was in a situation close to disaster. Most of them employers sent on unpaid leave “at own will”, and they lost their income. While many were running out of time to legally stay in Russia and had expired patents, granting the right to work. To leave Russia, they too could not – the borders were closed.

While on unpaid leave, legally employed migrant all the same was required to make monthly payments for the patent, giving the right to work of immigrants from those countries with which at Russia the visa-free regime. It is, in fact, income tax. Currently the cost of a patent in Moscow – 5350 rubles a month. But with no income have to pay this tax the worker if the employer does not pay him a salary?

After 18 April, President Putin signed a decree № 274 “On temporary measures for settlement of the legal status of foreign citizens and individuals without citizenship in the Russian Federation in connection with the threat of further spread of the novel coronavirus infection (COVID-19)” and there is hope that these issues will be resolved. In accordance with the decree from 15 March to 15 June inclusive in the Russian Federation extended the period of temporary stay, temporary or permanent residence for foreigners. Also extended the terms of the documents, such as visa, temporary residence permit, residence permit, migration card, patent.

That is, as can be seen from this document, the migrant does not seem to have a specified period to pay for the patent, neither to extend nor any other documents giving him the right to live and work in Russia (this is impossible – MFC closed). However, the reality is quite different: employers require that workers pay patents for the period of forced isolation, threatening dismissal, and the courts continue to exclude “violators” of migration laws. Why is this happening, “MK” talked with the famous human rights activist, Chairman of the Committee Civil Assistance, Svetlana Gannushkina.

Svetlana, how do you assess the presidential decree and why it’s not working?

the presidential Decree No. 274 – a wonderful, reasonable, appropriate now. And, of course, favourable for migrants. But there is another side. The presidential decree has a lower legal standard than the law. We are all the time faced with the fact that not only employers, but also the judges say: “we can not judge in accordance with the decree, because there is a law”. The decree States: do not deport and not take the decision on undesirability of stay. And in the Code of administrative offenses States: “If the wrong C��tion in Russia possible penalty with expulsion or no expulsion”. And for Moscow and St. Petersburg only with the removal. And the judge says, “I can’t rely on the decree, when it is contrary to law.” That kind of logic.

– Get a stalemate. What is the way out?

My attitude to this: a judge may not formally relate to his functions. He has an oath, which is formulated in the 8th article on the status of judges. The judge gave the oath to judge on the basis of the law – this time. But based on the principles of justice are the two and three from inner conviction. These two principles for our judges, unfortunately, does not play a role. They are absolutely formally, algorithmically are related to how they make decisions. Because this was the legal situation. In fact, the judge can give below the lowest in a criminal case, if any circumstances allow him to become more positive about the accused. He can take into account the decree of the President as “special circumstances”. But he’s not used to it.

we can only appeal to the conscience of judges and employers?

– There is another side. We have some judges saying quietly: “the Decree was, there was no indication”. This is another aspect of our legal system. Work is not a decree and the guidance of the authorities. The court is not independent. The case primarily in the organization of the judicial system. In another case, all violations of the decree of the President would be easy to challenge in court. But, unfortunately, clear guidance on the implementation of this decree was not. An employer who requires you to pay for the patents, comes from the same principle as the judge. And the employee can, of course, to go to court, but with the result I mentioned above. Our organization has appealed the migrants, which employers are required to pay the patent for the period of enforced leave. And the head of one of our regional organizations reported that they are migrants themselves pay for the patents because they are afraid of deportation and do not believe the decree.