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An employee, who has received Russian citizenship, does not need to notify migration authorities upon dismissal


The Supreme Court of the Russian Federation decided to cancel an administrative fine of 200,000 rubles, imposed on a businessman for late notification regarding the termination of an employment contract with a Kyrgyz citizen (Decree of the Supreme Court of the Russian Federation No. 81-AD17-17 dated June 26, 2017).

It should be recalled that the employer was punished because he did not notify the regional migration authority about entering into and terminating an employment contract with a foreigner for the provision of services within a period not later than 3 working days after his dismissal (chapter 8 article 13 of the Federal Law, dated July 25, 2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation").

Having considered this case, the Court held that at the time of the termination of the employment contract, the employee acquired Russian citizenship, and therefore ceased to be a foreigner.  As a consequence, there was no need to carry out migration control over his work activity, as well as the employer's obligation to send a notice of his dismissal. Thus, there was no administrative violation committed.

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