Vladimir Putin signed a law extending the catalogue of offences for which a foreigner in Russia may face administrative expulsion. The number of grounds is expected to emergence from 22 to 45, and the fresh rules include, among another things, discrimination, disobedience to officers, and part of public policy violations. The state sends a simple signal: the right to reside does not mean the right to disregard the rules of the host.
From 22 to 45 grounds for expulsion
Russian president Vladimir Putin signed a bill amending the code of administrative misconduct. According to the Russian paper "Kommersant", the paper was published on the authoritative legal portal and is expected to enter into force 90 days after publication.
The scale of change is clear. According to information previously provided by the Russian State Duma, the number of grounds that could lead to expulsion of the foreigner will increase from 22 to 45. The earlier catalogue included, among another things, violations of migration laws, illicit drug trafficking and acts related to banned propaganda.
The amendment adds further offences. They included discrimination on grounds, inter alia, of sex, race, nationality, age or religion and non-compliance with the legitimate request of a border guard. The catalogue besides covers certain cases of disobedience to the police, participation in illegal gatherings, insignificant hooliganism, promotion of prohibited symbolism, calling for violations of Russia's territorial integrity and participation in the activities of organisations recognised by the Russian state as undesirable.
Stricter sanctions, but with a court decision
In many of the cases indicated, expulsion is to be an additional punishment alongside the fine. The Russian authorities present improvement as a tool for protecting public order and security. The president of the State Duma Viachesław Wołodin argued during his work on the bill that people coming to the country should respect his law and orders of services.
However, it is crucial to separate between concepts. Administrative expulsion is not a simple synonym for deportation. In the Russian system, it may mean forced removal of a foreigner abroad or controlled independent departure. The application of the offence punishment shall be decided by the court, taking into account the circumstances of the peculiar case. With respect to calls for terrorism and extremism, Russian government is to exclude the anticipation of self-exit and supply for a coercive procedure.
It's an crucial reservation. Border protection and law enforcement are an inalienable work of the State, but a wide catalogue of acts requires a fair procedure, evidence and proportionality. Especially in Russia, where part of the rules on assembly, media or criticism of the armed forces besides serves political control, a hard migration policy must not be confused with the freedom of the apparatus of power.
Lesson for Poland: Control alternatively of chaos
The Russian amendment is not a model for non-reflective copying. Russia is simply a country conducting an aggressive war in Ukraine and limiting the fundamental freedoms of its own citizens. The specified fact that Moscow is utilizing a circumstantial tool, however, does not prejudge that a democratic state is to quit the right to remove foreigners seriously violating its legal order.
For Poland, the stake is specific: the safety of residents, the reliability of the border and the trust in the state. Migration policy must begin with the control of who enters, on what grounds they are present and whether they respect the law. A man retains dignity regardless of his passport. The state only retains sovereignty if it can enforce the rules towards everyone.
Poland needs its own transparent solutions: efficient identification, fast procedure, real execution of return decisions and effective protection against expulsion to the country in which a individual is threatened with torture or persecution. Hardness without law leads to self-sustaining. Law without execution becomes an empty declaration. National interest requires both: firm borders and states that act honestly, rapidly and in their own name.
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