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(As amended on 08.12.2011 N 424-FZ)
Section I. General Provisions
Article 1. State border of the Russian Federation
The state border of the Russian Federation (hereinafter referred to as the State Border) is a line and a vertical surface passing along this line, defining the limits of the state territory (land, water, subsoil and airspace) of the Russian Federation, that is, the spatial limit of the state sovereignty of the Russian Federation.
Article 2
The state border of the Russian Federation is the border of the RSFSR, fixed by the current international treaties and legislative acts of the former USSR; the borders of the Russian Federation with neighboring states that are not formalized in international legal terms are subject to their contractual fixing.
The Russian Federation, when establishing and changing the course of its State Border, establishing and maintaining relations with foreign states on the State Border, as well as regulating legal relations in the border areas (water areas) of the Russian Federation and on international communications routes running on Russian territory, is guided by the following principles:
Ensuring the security of the Russian Federation and international security;
Mutually beneficial comprehensive cooperation with foreign countries;
Mutual respect for the sovereignty, territorial integrity of states and the inviolability of state borders;
Peaceful resolution of border issues.
Article 3. Protection and protection of the State Border
The protection of the State Border as part of the system for ensuring the security of the Russian Federation and the implementation of the state border policy of the Russian Federation consists in the coordinated activities of federal state authorities, state authorities of the subjects of the Russian Federation and local self-government bodies, carried out by them within their powers by adopting political, organizational and legal , diplomatic, economic, defense, border, intelligence, counterintelligence, operational-search, customs, environmental, sanitary-epidemiological, environmental and other measures. Organizations and citizens participate in this activity in accordance with the established procedure.
Measures to protect the State Border are taken in accordance with the status of the State Border determined by international treaties of the Russian Federation and the legislation of the Russian Federation.
The Russian Federation cooperates with foreign states in the field of protecting the State Border on the basis of generally recognized principles and norms of international law and international treaties of the Russian Federation.
The protection of the State Border ensures the vital interests of the individual, society and the state on the State Border within the border area (border zone, the Russian part of the waters of border rivers, lakes and other water bodies, internal sea waters and the territorial sea of the Russian Federation, where the border regime is established, points passes through the State Border, as well as the territories of administrative districts and cities, sanatorium-resort zones, specially protected natural territories, objects and other territories adjacent to the State Border, the border zone, the banks of border rivers, lakes and other water bodies, the sea coast or points passes) and is carried out by all federal executive bodies in accordance with their powers established by the legislation of the Russian Federation.
The protection of the State Border is an integral part of the protection of the State Border and is carried out by the border agencies that are part of the federal security service (hereinafter referred to as the border agencies), within the border territory, the Armed Forces of the Russian Federation in the airspace and underwater environment and other security forces (bodies) Russian Federation in cases and in the manner determined by the legislation of the Russian Federation. The protection of the State Border is carried out in order to prevent illegal changes in the passage of the State Border, to ensure compliance by individuals and legal entities with the regime of the State Border, the border regime and the regime at checkpoints across the State Border. Measures for the protection of the State Border are considered in this Law as border measures.
Border measures are included in the system of security measures implemented within the framework of a unified state security policy and corresponding to a threat to the vital interests of the individual, society and the state.
Article 4. Legislation on the State Border
Legislation on the State Border is based on the Constitution of the Russian Federation, as well as on international treaties of the Russian Federation, and consists of this Law and other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with it.
If an international treaty of the Russian Federation establishes rules other than those contained in this Law and other legislative acts of the Russian Federation on the State Border, then the rules of the international treaty shall apply.
Section II. Establishment and change of passage, designation of the state border
Article 5
1. The passage of the State Border is established and modified by international treaties of the Russian Federation, federal laws.
Documents on changes, clarifications of the passage of the State Border on the ground, made in the procedure for checking the State Border on the basis of international treaties of the Russian Federation, shall be put into effect in accordance with the legislation of the Russian Federation.
2. The passage of the State Border, unless otherwise provided by international treaties of the Russian Federation, is established:
A) on land - along characteristic points, lines of relief or clearly visible landmarks;
B) at sea - along the outer border of the territorial sea of the Russian Federation;
C) on navigable rivers - in the middle of the main fairway or thalweg of the river; on non-navigable rivers, streams - in their middle or in the middle of the main branch of the river; on lakes and other water bodies - along an equidistant, median, straight or other line connecting the exits of the State Border to the shores of a lake or other water body. The state border, passing along a river, stream, lake or other water body, does not move either when the outline of their banks or water level changes, or when the riverbed, stream deviates in one direction or another;
D) on reservoirs of hydroelectric facilities and other artificial water bodies - in accordance with the line of the State Border that passed on the ground before its flooding;
E) on bridges, dams and other structures passing through rivers, streams, lakes and other water bodies - in the middle of these structures or along their technological axis, regardless of the passage of the State Border on the water.
3. Excluded.
4. Excluded.
Article 6. Designation of the State Border
The state border on the ground is marked by clearly visible boundary markers.
The description and procedure for the installation of boundary markers are determined by international treaties of the Russian Federation, decisions of the Government of the Russian Federation.
Section III. State border regime
Article 7. Maintenance and establishment of the regime of the State Border
The regime of the State Border includes the rules:
Crossing the State Border by persons and vehicles;
Movement of goods, goods and animals across the State Border;
Passage through the State Border of persons, vehicles, cargo, goods and animals;
Conducting economic, fishing and other activities on the State Border or near it on the territory of the Russian Federation;
Permits with foreign countries incidents related to the violation of these rules.
The regime of the State Border is established by this Law, other federal laws, international treaties of the Russian Federation.
Taking into account the mutual interests of the Russian Federation and neighboring states, separate rules for the regime of the State Border may not be established, and the nature of the established rules may be simplified.
Article 8. Maintenance of the State Border
The Rules for the Maintenance of the State Border govern the procedure for installing, maintaining and maintaining in good condition border markers, their control inspections, equipping and maintaining border clearings, conducting joint inspections with the neighboring state of the passage of the State Border.
Documents of joint inspections of the passage of the State Border, which do not contain changes to it, are approved by the Government of the Russian Federation.
In the interests of the proper maintenance of the State Border, the border authorities, in accordance with the procedure established by the legislation of the Russian Federation, are allotted a land strip running directly along the State Border on land and, if necessary, along the shore of the Russian part of the waters of a border river, lake or other water body.
Article 9. Crossing the State Border by Persons and Vehicles
The crossing of the State Border on land by persons and vehicles is carried out on the ways of international railway, road traffic or in other places determined by international treaties of the Russian Federation or decisions of the Government of the Russian Federation. These acts may determine the time of crossing the State Border, establish the procedure for traveling from the State Border to checkpoints across the State Border and in the opposite direction; at the same time, it is not allowed to disembark people, unload cargo, goods, animals and take them onto vehicles.
The requirements for the designation and equipment of sections of international railroad and road traffic from the State Border to the checkpoint across the State Border are established by the Government of the Russian Federation.
The checkpoint across the State Border is understood as the territory (water area) within the boundaries of a railway, automobile station or railway station, sea (trade, fish, specialized), river (lake) port, airport, military airfield, open for international traffic (international flights), and as well as another specially allocated area in the immediate vicinity of the State Border, where, in accordance with the legislation of the Russian Federation, persons, vehicles, cargo, goods and animals are allowed to pass through the State Border. The limits of checkpoints across the State Border and the list of checkpoints across the State Border, specialized in the types of transported goods, goods and animals, are determined in the manner established by the Government of the Russian Federation.
The border authorities are granted the right to use, in agreement with the authorities of the states neighboring the Russian Federation, a different procedure for crossing the State Border by the military personnel of these authorities and other persons in the performance of their duties to protect the State Border.
Russian and foreign ships, foreign warships and other government ships operated for non-commercial purposes cross the State Border on the sea, rivers, lakes and other water bodies in accordance with this Law, international treaties of the Russian Federation, federal laws.
Parts five - seven are excluded.
Navigation on border rivers, lakes and other water bodies crossing the State Border without calling at ports (roadsteads) of the Russian Federation and neighboring states is regulated by agreements between the Russian Federation and neighboring states.
Foreign ships, foreign warships and other government ships operated for non-commercial purposes, Russian ships when sailing from the State Border to checkpoints across the State Border and back, when sailing in the Russian part of the waters of border rivers, lakes and other water bodies without calling at ports (on raids) of the Russian Federation are obliged to comply with the following requirements of the border authorities:
Show your flag if for some reason it has not been raised;
Change course if it leads to an area prohibited for navigation or temporarily dangerous for navigation, as well as to a safety zone established around an artificial island, installation or structure;
Report the purpose of entering the territory of the Russian Federation;
Other requirements stipulated by laws and other regulatory legal acts of the Russian Federation.
When sailing from the State Border to checkpoints across the State Border and back, the ships specified in paragraph six of this Article are prohibited (except for cases provided for by international treaties of the Russian Federation, laws and other regulatory legal acts of the Russian Federation):
A) entry into the ports (roadsteads) of the Russian Federation not opened by the Government of the Russian Federation for the entry of foreign vessels;
B) entry into an area prohibited for navigation or temporarily dangerous for navigation, as well as into a safety zone established around an artificial island, installation or structure, if such areas and zone have been reported to the public;
C) stopping, disembarking (landing) of people, unloading (loading) of any cargo, goods, currency, animals, launching or taking on board any floating craft, lifting into the air, landing or taking on board any aircraft, conducting fishing, research, prospecting or other activities without the appropriate permission from the specially authorized federal executive bodies that protect the internal sea waters and territorial sea of the Russian Federation and their natural resources within their competence, or with their permission, but in violation of the conditions of such permission;
Aircraft cross the State Border along specially designated air flight corridors in compliance with the rules established by the Government of the Russian Federation and published in aeronautical information documents. Crossing the State Border outside the allocated air corridors, except for the cases specified in part twelve of this article, is allowed only with the permission of the Government of the Russian Federation.
When flying from the State Border to checkpoints across the State Border and back, as well as when transiting through the airspace of the Russian Federation, it is prohibited (except for cases provided for by this Law):
A) landing at airports, at airfields of the Russian Federation not opened by the Government of the Russian Federation for international flights;
B) departure from airports, from airfields of the Russian Federation, not opened by the Government of the Russian Federation for international flights. In some cases, when performing special international flights, the departure of aircraft from the Russian Federation, as well as their landing after entering the Russian Federation, may be carried out at airports, at airfields of the Russian Federation that are not open for international flights, only with the permission of the federal executive body authorized in areas of use of the airspace of the Russian Federation, agreed with the federal executive authorities authorized in the field of security, defense, customs, control over ensuring the sanitary and epidemiological welfare of the population;
C) flying into no-fly areas that have been reported to the public;
D) other actions prohibited by the legislation of the Russian Federation, international treaties of the Russian Federation.
In the interests of ensuring the security of the Russian Federation, as well as at the request of foreign states, by decision of the Government of the Russian Federation, crossing the State Border in its individual sections may be temporarily restricted or terminated with notification of the authorities of the states concerned.
In the event of emergencies of a natural and man-made nature, emergency rescue, emergency recovery units (forces) cross the State Border to localize and eliminate such situations in the manner determined by international treaties of the Russian Federation, acts of the Government of the Russian Federation.
The forced crossing of the State Border by persons, vehicles on land, the entry of foreign ships, foreign warships and other state ships operated for non-commercial purposes into the territory of the Russian Federation, the forced entry into the airspace of the Russian Federation of aircraft, is not a violation of the rules for crossing the State Border, due to the following extraordinary circumstances:
accident;
An accident or natural disaster that threatens the safety of a foreign ship (including aircraft), a foreign warship or other state-owned ship operated for non-commercial purposes;
Severe storm, ice drift or ice conditions that threaten the safety of a foreign ship, a foreign warship or other state-owned ship operated for non-commercial purposes;
Towing a damaged foreign vessel, foreign warship or other government vessel operated for non-commercial purposes;
Delivery of rescued people;
Providing urgent medical assistance to a crew member or passengers, as well as due to other emergency circumstances.
The captain of a ship, commander of a warship, commander of an aircraft in case of forced crossing of the State Border or forced non-compliance with the rules defined by this Law for the passage of ships from the State Border to checkpoints across the State Border and back, the procedure for staying in the Russian part of the waters of border rivers, lakes and other water objects, in the internal sea waters, in the territorial sea and airspace of the Russian Federation is obliged to immediately inform the administration of the nearest Russian sea, river (lake) port, the relevant body of the unified air traffic management system, which notify the border authorities and the Armed Forces of such crossing of the State Border. Forces of the Russian Federation, and in the future to act according to their instructions or instructions of the commander of a warship, the captain of a sea, river vessel or the commander of an aircraft of the Russian Federation, who arrived to provide assistance or to clarification of what happened.
Russian ships engaged in fishing in internal sea waters, in the territorial sea, in the exclusive economic zone and (or) on the continental shelf of the Russian Federation without reloading catches of aquatic biological resources on foreign ships, as well as on Russian ships, in respect of which border control has been carried out, in the case of fishing activities, the purpose of which is the delivery of catches of aquatic biological resources for the sale or production of fish and other products from these aquatic biological resources on the territory of the Russian Federation, they can repeatedly cross the State Border without passing through border, customs and other types of control on the basis of permission from border authorities organs. Said Russian ships are prohibited from entering the open sea, entering the exclusive economic zone, the territorial sea, the internal sea waters of a foreign state, foreign ports and disembarking (embarking) people, unloading (loading) any cargo without the appropriate permission from the border authorities , goods, currency, animals to foreign ships, as well as to Russian ships, in respect of which border control has been carried out, except when this is caused by the need to save people and ships or other emergency circumstances, about which the captain of the ship immediately informs the border authorities.
The procedure for obtaining a permit for the repeated crossing of the State Border, the spatial and temporal limits of the validity of the permit, as well as the procedure for exercising control in relation to the Russian ships indicated in part fourteen of this article, are established by the Government of the Russian Federation.
Russian ships engaged in fishing in the exclusive economic zone and (or) on the continental shelf of the Russian Federation (with the exception of ships that have permission to repeatedly cross the State Border), in respect of which border control has been carried out, and Russian ships in respect of which border control has been carried out, for reloading catches of aquatic biological resources, fish and other products from aquatic biological resources in the internal sea waters and in the territorial sea of the Russian Federation, they can cross the State Border without passing through border, customs and other types of control on the basis of permission from the border authorities in cases where adverse hydrometeorological conditions do not allow transshipment of catches of aquatic biological resources, fish and other products from aquatic biological resources in the exclusive economic zone of the Russian Federation.
The procedure for obtaining permission to cross the State Border for the transshipment of catches of aquatic biological resources, fish and other products from aquatic biological resources in the internal sea waters and in the territorial sea of the Russian Federation, the list and boundaries of areas for transshipment of catches of aquatic biological resources, fish and other products from aquatic biological resources resources in internal maritime waters and in the territorial sea of the Russian Federation and the procedure for exercising control over the Russian ships specified in Part Sixteen of this Article shall be established by the Government of the Russian Federation.
Article 10. Movement across the State Border of goods, goods and animals
The movement of goods, goods and animals across the State Border is carried out in places and in the manner established by international treaties of the Russian Federation, the legislation of the Russian Federation, decisions of the Government of the Russian Federation.
Article 11
The passage through the State Border of persons, vehicles, cargo, goods and animals is carried out at the checkpoints across the State Border established and open in accordance with Article 12 of this Law and consists in recognizing the legality of crossing the State Border by persons, vehicles arriving on the territory of the Russian Federation, movement of goods, goods, animals across the State Border to the territory of the Russian Federation or in a permit for crossing the State Border by persons, vehicles departing from the Russian Federation, movement of goods, goods, animals across the State Border outside the Russian Federation.
The basis for the passage of persons, vehicles, cargo, goods and animals across the State Border is the availability of valid documents for the right of entry of persons into the Russian Federation or their exit from the Russian Federation, documents for vehicles, cargo, goods and animals.
Foreign citizens and stateless persons who, in accordance with the legislation of the Russian Federation, are not allowed to enter the Russian Federation, as well as persons in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made to prohibit their exit from the Russian Federation, are not subject to passage through the State Border.
An agreement between the Russian Federation and a neighboring state may establish a simplified procedure for the passage of citizens of the Russian Federation and a neighboring state across the State Border in terms of determining documents for the right to leave the Russian Federation and enter the Russian Federation.
The passage of persons, vehicles, cargo, goods and animals across the State Border includes the exercise of border and customs control, and in cases established by international treaties of the Russian Federation and federal laws, other types of control.
Passage through the State Border of Russian aircraft performing special international flights from airports, from airfields not open for international flights, as well as foreign and Russian aircraft performing forced landings in unspecified places, is carried out by federal security service bodies together with the administration of airports, airfields or by the command of the aviation units of the Armed Forces of the Russian Federation with subsequent notification of the interested bodies of the Russian Federation.
By decision of the Government of the Russian Federation, border, customs control, and in cases established by international treaties of the Russian Federation and federal laws, and other types of control in international passenger transportation by rail may be carried out outside the checkpoints across the State Border.
Article 11.1. Lost strength.
Article 12. Establishment and opening of checkpoints across the State Border
Checkpoints across the State Border are established by international treaties of the Russian Federation or the Government of the Russian Federation on the proposals of the federal executive authorities, subjects of the Russian Federation, agreed with the border authorities and other interested federal executive authorities, taking into account the interests of neighboring and other foreign states.
The opening of a checkpoint across the State Border is carried out after the construction (reconstruction), equipment and acceptance into operation by the interested federal executive body of the relevant buildings, premises, structures according to projects agreed with the border authorities, as well as customs and other authorities participating in control at the checkpoint across the state border. When developing these projects, the premises and facilities necessary for organizing border and other types of control should be provided. Design, construction (reconstruction) and equipment of premises and structures necessary for the organization of border, customs and other types of control at the checkpoint across the State Border are carried out at the expense of the federal budget and other sources of funding provided for by the legislation of the Russian Federation (subject to transfer on a gratuitous on the basis of premises and structures for organizing border, customs and other types of control at the checkpoint across the State Border).
Part three is no longer valid.
The procedure for establishing, opening, functioning (operating), reconstructing and closing checkpoints across the State Border, as well as general requirements for the construction, reconstruction, equipment and technical equipment of the relevant buildings, premises and structures necessary for organizing border, customs and other types of control, carried out at checkpoints across the State Border are established by the Government of the Russian Federation.
Article 13
Economic, fishing and other activities related to crossing the State Border and otherwise affecting the interests of the Russian Federation or foreign states, carried out by Russian and foreign legal entities and individuals, including jointly, directly on the State Border or near it on the territory of the Russian Federation (in within a five-kilometer strip of terrain), must not:
Cause harm to the health of the population, environmental and other security of the Russian Federation, neighboring countries and other foreign states, or contain a threat of causing such damage;
To interfere with the maintenance of the State Border and the performance of tasks by border agencies.
The activity specified in part one of this article is carried out in accordance with international treaties of the Russian Federation or other agreements with foreign states, in compliance with the rules for crossing the State Border and on the basis of the permission of the border authorities, including information about the places, time of crossing the State Border and the performance of work, the number of participants used by fishing and other vessels, vehicles and other means, mechanisms.
Article 14. Resolution of incidents related to violation of the State Border regime
The procedure for resolving incidents related to violation of the regime of the State Border, referring them to the competence of the border representatives of the Russian Federation, the federal executive body authorized in the field of defense, or the federal executive body authorized in the field of foreign affairs, are determined by the agreements of the Russian Federation with neighboring states on The state border and its regime, other international treaties of the Russian Federation, this Law, decisions of the Government of the Russian Federation.
Persons, aircraft, Russian and foreign sea, river vessels and warships, other vehicles that have crossed the State Border in violation of the rules established by this Law shall be recognized as violators of the State Border.
Foreign citizens and stateless persons who do not have the status of persons residing or staying on the territory of the Russian Federation, who have crossed the State Border from the territory of a foreign state, if there are signs of a crime or an administrative offense in their actions, shall be held liable under the legislation of the Russian Federation.
In cases where there are no grounds for initiating criminal cases or proceedings on cases of administrative offenses in relation to the violators of the State Border indicated in part three of this article and they do not enjoy the right to obtain political asylum, in accordance with the Constitution of the Russian Federation, the border authorities officially transfer to their authorities of the state from whose territory they crossed the State Border. If the transfer of violators to the authorities of a foreign state is not provided for by an agreement between the Russian Federation and this state, the border authorities will expel them from the Russian Federation in places determined by the border authorities. The authorities of the state to (or through) whose territory they are being expelled are notified of the expulsion of foreign citizens and stateless persons from the Russian Federation from the checkpoints across the State Border, if this is provided for by an agreement between the Russian Federation and the relevant state.
Citizens of the Russian Federation who have arrived at checkpoints across the State Border and who have lost documents for the right to enter the territory of the Russian Federation during their stay abroad, are left at checkpoints for the time necessary to establish their identity, but not more than 30 days. The procedure and conditions for their stay at checkpoints across the State Border are determined by the Government of the Russian Federation.
Article 15. Border representatives of the Russian Federation
In order to resolve issues of compliance with the regime of the State Border, to resolve border incidents on certain sections of the State Border, the head of the federal executive body authorized in the field of security, in agreement with the federal executive body authorized in the field of foreign affairs, in accordance with international treaties of the Russian Federation, appoints border guards. representatives of the Russian Federation (border commissioners, border commissioners and their deputies).
Border representatives in their activities are guided by this Law, other federal laws, international treaties of the Russian Federation, the Regulations on the border representatives of the Russian Federation, approved by the Government of the Russian Federation.
The settlement of border incidents related to the actions of Russian or foreign military aircraft and warships, other military installations or military personnel (with the exception of objects or military personnel of border agencies, when the interests of preventing dangerous military activities are not affected), is carried out by representatives of the federal executive body authorized in areas of defense, if necessary - with the participation of border representatives of the Russian Federation.
Issues, incidents not settled by the border representatives of the Russian Federation or representatives of the federal executive body authorized in the field of defense are resolved through diplomatic channels.
Section IV. Border regime
Article 16. Content and establishment of the border regime
The border regime serves exclusively the interests of creating the necessary conditions for the protection of the State Border and includes the rules:
1) in the border zone:
Entry (passage), temporary stay, movement of persons and vehicles;
Economic, fishing and other activities, holding mass socio-political, cultural and other events within a five-kilometer strip of terrain along the State Border on land, the sea coast of the Russian Federation, Russian banks of border rivers, lakes and other water bodies and on islands at these water bodies , as well as to the boundary of engineering structures in cases where it is located outside the five-kilometer strip of terrain;
2) in the Russian part of the waters of border rivers, lakes and other water bodies, in internal sea waters and in the territorial sea of the Russian Federation:
Commercial, research, prospecting and other activities.
Part two is excluded.
The establishment of other rules of the border regime is not allowed. Any restriction of citizens in their rights and freedoms is permissible only on the basis and in the manner prescribed by law.
The border zone is established within the territory of settlements and inter-settlement territories adjacent to the State Border on land, the sea coast of the Russian Federation, the Russian banks of border rivers, lakes and other water bodies, and within the territories of islands on these water bodies. The border zone, at the proposal of local self-government bodies of settlements, may not include certain territories of settlements and sanatoriums, rest houses, other health-improving institutions, cultural institutions (objects), as well as places of mass recreation, active water use, religious rites and other places of traditional mass residence of citizens. Warning signs are installed at the entrances to the border zone.
Based on the nature of relations between the Russian Federation and a neighboring state, a border zone may not be established in certain sections of the State Border.
The boundaries of the border zone are determined and changed, warning signs are established by decisions of the authorized federal executive bodies on the proposals of senior officials of the border authorities in the territories of the constituent entities of the Russian Federation.
In the same manner, sections (regions) of the inland waters of the Russian Federation are determined and changed, within which the border regime is established.
The specific content, spatial and temporal limits of the operation of the rules of the border regime provided for by this Law, the circle of persons in respect of which one or another of these rules apply, are established and canceled by decisions of the authorized federal executive bodies in agreement with senior officials of the border authorities in the territories of the constituent entities of the Russian Federation. Federation and are subject to publication.
Article 17. Entry (passage), temporary stay, movement of persons and vehicles in the border zone
Entry (passage) of persons and vehicles to the border zone is carried out on the basis of identity documents, individual or collective passes issued by border authorities on the basis of personal statements of citizens or petitions of enterprises and their associations, organizations, institutions and public associations. Places of entry (passage) to the border zone are established. The time of entry (passage), routes of movement, duration and other conditions of stay in the border zone of persons and vehicles can be determined.
Article 18
Features of economic, fishing and other activities related to the use of lands, forests, subsoil, water resources, holding mass socio-political, cultural and other events in the border zone are regulated by federal laws, regulatory legal acts of local governments. Economic, fishing and other activities, holding mass socio-political, cultural and other events within a five-kilometer strip of terrain or to the boundary of engineering structures in cases where it is located outside a five-kilometer strip of terrain, are carried out on the basis of a permit, and in the rest of the - Notifying the border authorities.
Permission to conduct work, events or notification of the conduct of work, events, in addition to the issues provided for in Article 17 of this Law, includes determining the place, time, number of participants, and the person responsible for their conduct. For regular works, events, permanent places of their holding can be established.
Article 19
In order to prevent the transfer of contagious diseases across the State Border, the keeping and grazing of livestock in the strip of terrain (quarantine strip) along the State Border on land may be prohibited or restricted.
The quarantine strip, its width, the procedure for its fencing, the veterinary regime on it are established by the federal executive body authorized in the field of the agro-industrial complex, or, on its instructions, by the veterinary supervision bodies of the constituent entities of the Russian Federation. At the same time, the maintenance and grazing of livestock in the border zone is also carried out in the manner prescribed by Articles 17 and 18 of this Law.
Article 20
Russian small-sized self-propelled and non-self-propelled (surface and underwater) vessels (vehicles) and vehicles on ice used in the Russian part of the waters of border rivers, lakes and other water bodies, in internal sea waters and in the territorial sea of the Russian Federation, are subject to mandatory accounting and storage at marinas, moorings, and other base points. The procedure for the exit of these vessels and assets from their base points and return with notification of border authorities can be established, the time of exit, stay at water bodies, and removal from base points and coasts can be limited.
Article 21
1. Commercial, research, prospecting and other activities are carried out in the Russian part of the waters of border rivers, lakes and other water bodies, in internal sea waters and in the territorial sea of the Russian Federation in accordance with the legislation of the Russian Federation.
2. For the purpose of protecting the State Border, the activities referred to in paragraph 1 of this article shall be carried out in the Russian part of the waters of border rivers, lakes and other water bodies with the permission of the border authorities, and in the internal sea waters and in the territorial sea of the Russian Federation - with the notification of the border authorities. At the same time, information is provided on the places, time of fishing, research, prospecting or other activities, the number of participants, fishing and other vessels used for this purpose, and other means.
3. Persons carrying out the activities specified in paragraph 1 of this article, without notifying (permitting) the border authorities, as well as notifying them (with their permission), but in violation of the terms of such notification (permit), bear the responsibility established by the legislation of the Russian Federation.
Section V. Regime at checkpoints across the state border
Article 22
The regime at checkpoints across the State Border includes the rules for entry into these points, stay and exit from them of persons, vehicles, import, stay and export of goods, goods and animals, established solely in the interests of creating the necessary conditions for the implementation of border and customs control, and in cases established by international treaties of the Russian Federation and federal laws, and other types of control.
The regime at checkpoints across the State Border is established in the manner determined by the Government of the Russian Federation in accordance with this Law and international treaties of the Russian Federation.
Article 23
Persons and vehicles enter and leave checkpoints across the State Border, as well as import and export of goods, goods and animals are carried out in places specially allocated for these purposes according to passes issued by the administration of airports, airfields, sea, river (lake) ports , railway, automobile stations and stations, other transport enterprises in agreement with the border authorities.
Article 24. Stay at checkpoints across the State Border of persons and vehicles
The places and duration of stops at checkpoints across the State Border of vehicles of foreign traffic are determined by the administration of airports, airfields, sea, river (lake) ports, railway, automobile stations and stations, other transport enterprises in agreement with the border and customs authorities.
Access of persons to vehicles and vehicles of foreign traffic during the period of implementation of border and other types of control is limited, and, if necessary, is prohibited.
Boarding of passengers in vehicles upon departure from the Russian Federation and disembarkation upon arrival in the Russian Federation, as well as loading (unloading) of luggage, mail and cargo are carried out with the permission of the border and customs authorities.
Officials of transport enterprises, organizations, owners of vehicles are obliged, at the request of representatives of the border authorities, to open for inspection sealed (sealed) wagons, cars, holds and other premises of vehicles and the goods transported on them.
Vehicles traveling abroad may start moving to leave the territory of the Russian Federation or move inland of the territory of the Russian Federation, as well as change their parking place only with the permission of the border and customs authorities.
Stay at checkpoints across the State Border of citizens of the Russian Federation without valid documents for the right to enter the Russian Federation is regulated in the manner prescribed by paragraph five of Article 14 of this Law.
Article 25 Excluded.
Article 25.1. Economic and other activities carried out at checkpoints across the State Border
The list of types of economic and other activities that can be carried out within the border crossing points across the State Border, and the procedure for carrying out economic and other activities within the border crossing points across the State Border are established by the Government of the Russian Federation.
Article 26. Additional regime rules at checkpoints across the State Border
At checkpoints across the State Border, territories and premises are determined where border and customs control is directly carried out, and in cases established by international treaties of the Russian Federation and federal laws, other types of control. In the places of implementation of border and customs control, additional regime restrictions are introduced, established in accordance with the rules and in the manner provided for in Articles 22, 23 and 24 of this Law.
Section VI. Powers of state authorities in the field of state border protection
Article 27
The bodies of state power of the Russian Federation shall exercise in the field of protection of the State Border the powers provided for by the Constitution of the Russian Federation and this Law.
The federal executive body authorized in the field of security carries out state administration in the field of protection and protection of the State Border, as well as the organization of the border service. The border agencies responsible for protecting and guarding the State Border are part of the federal security service.
Article 28
1. The federal executive body authorized in the field of foreign affairs:
On the basis of the decisions of the state authorities of the Russian Federation, conducts negotiations on the establishment and consolidation of the State Border, the establishment of the State Border regime, prepares the necessary documents and materials;
Carries out foreign policy, international legal support for the protection of the State Border;
Draws up, within its competence, documents for the right of entry into the Russian Federation and exit from the Russian Federation for citizens of the Russian Federation, foreign citizens and stateless persons;
Resolves issues of compliance with the regime of the State Border, incidents on the State Border that are not settled by the border representatives of the Russian Federation or the federal executive body authorized in the field of defense.
1.1. The federal executive body authorized in the field of security:
Together with the federal executive authorities, organizes and ensures, within its powers, the protection and protection of the State Border on land, sea, rivers, lakes and other water bodies, at checkpoints across the State Border, intelligence, counterintelligence, operational-search activities, as well as the passage across the State Border of persons, vehicles, cargo, goods and animals;
Coordinates the activities of the federal executive bodies exercising on the State Border all types of control over compliance with the regime of the State Border, the border regime and the regime at checkpoints across the State Border;
Provides, together with the federal executive body authorized in the field of defense, coordination by the border agencies of the activities of the Air Defense Forces and the Navy for the protection and protection of the State Border, together with other competent federal executive bodies, coordination of activities of law enforcement agencies and special services of the Russian Federation Local Federations in the interests of protecting and guarding the State Border;
Participates in the preparation by state authorities of regulatory legal acts relating to the activities of individuals and legal entities that affect the interests of protecting and protecting the State Border;
Participates in the delimitation, demarcation, redemarcation of the State Border, the development of regulatory legal acts establishing the regime of the State Border;
Carries out, on behalf of the Government of the Russian Federation, direct management of the activities of the border representatives of the Russian Federation;
Carries out the acquisition and processing of information about threats to the security of the Russian Federation in the interests of protecting and protecting the State Border, submitting it to the President of the Russian Federation, the Government of the Russian Federation, informing the interested federal executive bodies in the manner prescribed by federal laws;
Ensures own security of federal security service organs;
Participates in ensuring the security of objects of state protection on the State Border within the boundaries of the border area together with the state security bodies;
In cooperation with the federal executive authorities authorized in the field of customs, control over the circulation of narcotic drugs and psychotropic substances, develops and implements measures to combat smuggling;
Provides counterintelligence support for the entry into the territory of the Russian Federation and exit from the territory of the Russian Federation of citizens of the Russian Federation, foreign citizens and stateless persons, as well as the regime for the stay of foreign citizens and stateless persons on the territory of the Russian Federation;
Interacts with federal executive authorities and public associations, as well as with the relevant bodies of foreign states, international organizations in the interests of protecting and protecting the State Border.
2. Has expired.
3. The federal executive body authorized in the field of defense:
Provides protection of the State Border in the airspace and underwater environment;
Ensures the participation of the Armed Forces of the Russian Federation in the protection of the State Border on land, sea, border rivers, lakes and other water bodies in the cases and in the manner determined by this Law and other federal laws;
Resolves, within its competence, incidents related to violation of the regime of the State Border;
Provides assistance to the border authorities in resource, intelligence and other support for the protection of the State Border on the basis of the legislation of the Russian Federation and interdepartmental agreements.
4. Federal executive authorities exercising customs control at the State Border, and in cases established by international treaties of the Russian Federation and federal laws, other types of control:
Organize and carry out activities to protect the economic, environmental and other interests of the individual, society and the state on the State Border;
Issue, within their competence, normative acts that are binding on all legal entities and individuals on the territory of the Russian Federation;
Control compliance by enterprises, organizations, institutions, public associations, citizens with the requirements of international treaties of the Russian Federation, the legislation of the Russian Federation on issues within their competence;
Create control bodies (points) and organize their work;
Interact with each other and assist the border authorities in protecting the State Border;
Cooperate in the protection of the State Border with the relevant authorities of foreign states.
4.1. In addition to the powers specified in paragraph 4 of this article, customs authorities:
Carry out separate actions related to the implementation of other types of control in accordance with the legislation of the Russian Federation;
Ensure the entry of data on goods, goods and animals transported across the State Border into the interdepartmental information system. The regulation on the interdepartmental information system is approved by the Government of the Russian Federation.
5. The federal executive body authorized in the field of internal affairs:
Provides assistance to the border authorities in carrying out measures to protect the State Border, combat illegal activities across it, search for persons who have violated the regime of the State Border, in clarifying and verifying the circumstances of offenses of citizens detained in an administrative or criminal procedure;
Informs the border authorities about the state of law and order in the border regions of the Russian Federation, revealed illegal actions, criminal groups and persons who have illegal aspirations in relation to the State Border and border authorities;
Ensures the participation of the internal troops of the federal executive body authorized in the field of internal affairs in the protection of the State Border in the cases and in the manner provided for by this Law;
Ensures the participation of internal affairs bodies in monitoring compliance with the border regime and the regime at checkpoints across the State Border;
Provides, on the proposals of the border authorities, a temporary restriction or prohibition of access of citizens to certain areas of the terrain or objects near the State Border during border searches and operations, when repelling armed incursions into the territory of the Russian Federation or preventing illegal mass crossings of the State Border;
Ensures public order when mass events of a federal or international nature are held on the State Border and in the border regions of the Russian Federation;
Ensures law and order in the border areas in case of emergencies, the introduction of a state of emergency;
Participates in the legal education of the population of the border regions of the Russian Federation, the prevention, together with the border authorities, of offenses on the State Border and at checkpoints across it.
6. Has expired.
7. The federal executive body authorized in the field of foreign intelligence, in cooperation with the federal executive body authorized in the field of security, shall carry out intelligence activities in the interests of protecting the State Border.
Article 29
State authorities of the subjects of the Russian Federation in accordance with the powers established by the legislation of the Russian Federation:
Create conditions for the protection of the State Border by troops and bodies authorized to do so by law, adopt laws and other regulatory legal acts for this purpose within the limits established by this Law;
The paragraph is invalid.
Inform the border authorities on issues related to the situation in the border regions of the Russian Federation;
Create conditions for the participation of citizens on a voluntary basis in the protection of the State Border;
Control on their territories the implementation by all bodies, enterprises, institutions, organizations, public associations, as well as officials and citizens of the legislation of the Russian Federation on the State Border.
Section VII. Powers of border authorities, air defense troops, navy, other troops and military formations of the Russian Federation in the field of protecting the state border
Article 30
Border authorities guard the State Border on land, sea, rivers, lakes and other water bodies, at checkpoints across the State Border, and also carry out the passage through the State Border. For these purposes, they:
Provide all available measures to prevent unlawful changes in the course of the State Border on the ground;
Exercise control over the observance of the rules of the regime of the State Border, the border regime and the regime at checkpoints across the State Border, which have a permissive or notification character;
Carry out military, reconnaissance, counterintelligence, operational-search, access control and military-technical activities;
Carry out proceedings on cases of administrative offenses referred to their jurisdiction by the legislation of the Russian Federation, within their competence, consider these cases and execute decisions on them;
Conduct an inquiry on cases referred by the legislation of the Russian Federation to their jurisdiction;
Carry out the prevention of offenses, the fight against which is within the competence of the border authorities;
Participate in the activities of the border representatives of the Russian Federation;
Carry out, if necessary, border searches and operations;
Exercise control over foreign citizens and stateless persons entering the territory of the Russian Federation (including asylum seekers), as well as foreign citizens and stateless persons following in transit through the territory of the Russian Federation, their identification (comparison of identity documents , with the identity of the bearer) and registration at checkpoints across the State Border. The procedure for such registration and the procedure for interaction between border control authorities and immigration control authorities on the issues of registration of foreign citizens and stateless persons entering the territory of the Russian Federation (including asylum seekers), as well as foreign citizens and stateless persons transiting through territory of the Russian Federation are determined by the Government of the Russian Federation.
The border authorities within the border area have the right to:
1) erect the necessary engineering and technical structures, carry out the construction of communication lines and communications, place and use equipment and weapons on land plots provided in accordance with the legislation of the Russian Federation;
2) to be in any areas of the terrain and move around them in the performance of official duties; require land owners, land users, landowners and tenants in the border zone to allocate places for the movement of border patrols, equipment and maintenance in proper condition of passages through fences, crossings through other obstacles; escort Russian and foreign ships and other vehicles and place border guards on them; in order to prevent and suppress violations of the regime of the State Border, the border regime, the regime at checkpoints across the State border, check the necessary documents of persons and documents of vehicles, inspect (examine) vehicles and the goods transported on them;
3) carry out by border patrols the detention and personal search of persons in respect of whom there are grounds to suspect them of violating the regime of the State Border, the border regime, the regime at checkpoints across the State border, delivering such persons to the location of subdivisions, parts of border agencies or other places for clarification the circumstances of the violation; stop, inspect and detain Russian and foreign vessels that have committed violations of the specified regimes by border ships, and deliver (escort) them to the nearest Russian port to clarify the circumstances of the violation. During the inspection and escort of the ship, the operation of its radio stations is not allowed. On each case of inspection, detention of the vessel, a protocol is drawn up. Ship and cargo documents confiscated from the captain shall be attached to the protocol of the ship's detention;
4) to carry out administrative detention of persons who have committed violations of the regime of the State Border, the border regime or the regime at checkpoints across the State Border, for a period of up to three hours for drawing up a protocol, and, if necessary, for identifying and clarifying the circumstances of the offense - up to three days with a message about this in writing to the prosecutor within twenty-four hours from the moment of detention or for a period of up to ten days - with the sanction of the prosecutor, if the offenders do not have documents proving their identity; to subject the detainees to a personal search, as well as to examine and, if necessary, seize the things they have, other things that are in their ownership or possession, and documents. A protocol is drawn up on each case of administrative detention, personal search of the detainee, search and seizure of things that were with him;
5) to detain, with the sanction of the prosecutor, foreign citizens and stateless persons who have committed an illegal crossing of the State Border, in respect of which, on the grounds provided for in part four of Article 14 of this Law, decisions have been made to transfer them to the authorities of neighboring states or expulsion from the Russian Federation, or decisions have been made on administrative expulsion from the Russian Federation, for the time necessary for the execution of the decision, resolution;
6) to keep persons subjected to administrative detention in the premises of border authorities specially equipped for these purposes, persons detained in criminal procedure on suspicion of committing a crime, and suspects in respect of whom detention has been applied as a measure of restraint - in temporary detention facilities or in the premises of border authorities specially equipped for keeping persons subjected to administrative detention, if necessary, to place such persons in pre-trial detention centers, temporary detention facilities and other specially equipped premises of internal affairs bodies;
7) invite persons to the subdivisions of the border authorities and receive explanations from them about the circumstances known to them of illegal crossing of the State Border or other violation of the regime of the State Border, violation of the border regime or regime at checkpoints across the State Border. In necessary cases, obtaining explanations about the circumstances of these violations may be carried out in other places;
8) make appropriate marks in the documents for the right to cross the State Border and, if necessary, temporarily withdraw such documents, as well as withdraw invalid documents; extend the validity of expired Russian visas for foreign citizens and stateless persons in places where there are no representative offices of the federal executive body authorized in the field of foreign affairs. For the extension of the validity of Russian visas that have expired up to ten days inclusive, a fee equal to 1,000 rubles is charged to the federal budget; for the extension of the validity of Russian visas overdue for more than ten days - 1,700 rubles;
9) to transfer to the customs authorities, and in the absence of customs authorities to detain the border authorities detected by the border authorities in the course of fulfilling the tasks assigned to them for the protection of the State Border within the border area, contraband and other goods, cargo and vehicles illegally transported across the State Border;
10) temporarily restrict or prohibit the movement of persons and vehicles, including small vessels (vehicles) and vehicles on ice, as well as prevent citizens from entering certain areas of the terrain, oblige them to stay there or leave these areas in order to protect the health and life of people when conducting border searches and operations, other search activities, as well as actions in criminal cases and cases of administrative offenses;
11) in the event of a threat to the interests of the Russian Federation at the State Border, temporarily with notification of local authorities, interested enterprises, institutions, organizations, to restrict the performance of various works, with the exception of works of defense significance and works related to natural disasters or especially dangerous infectious diseases;
12) enter at any time of the day into residential and other premises of citizens, on the territory and premises of enterprises, institutions, organizations, except for those with diplomatic immunity, and inspect them when pursuing persons in respect of whom there are sufficient grounds to suspect them of violating the regime of the State Border . If the entrance to the dwelling is carried out without the consent of the persons living in it, the prosecutor is notified about this within 24 hours;
13) to use means of communication without hindrance for official purposes, and when repelling armed incursions into the territory of the Russian Federation, preventing illegal mass crossings of the State Border, conducting search activities, delivering persons suspected of committing offenses, - vehicles belonging to enterprises (regardless of the form of ownership ), institutions, organizations, public associations, and, if necessary, citizens, with compensation to the owners, at their request, in the manner prescribed by law for expenses or damage caused. The exceptions are means of communication and transport belonging to diplomatic, consular and other representations of foreign states, international organizations, and vehicles for special purposes;
14) request and receive free of charge from state bodies, enterprises and their associations, institutions, organizations and public associations the information necessary for the performance of duties imposed by law on the border authorities, except in cases where the law establishes a special procedure for obtaining information, as well as receive and use fingerprint information contained in the information arrays of the internal affairs bodies and federal executive bodies, in accordance with the legislation of the Russian Federation;
15) to conduct the registration of persons and records of actual data, statistics necessary for the implementation of control over the maintenance of the regime of the State Border, the border regime and the regime at checkpoints across the State Border, and use information systems for these purposes in a manner that does not contradict federal law. On a quarterly basis and at the end of the year, the border authorities issue reference information on the number of persons who crossed the State Border, including indication of citizenship, the purpose of the visit (business, tourism, etc.), the balance of entry into the Russian Federation and exit from the Russian Federation of foreign citizens and citizens of the Russian Federation. The Federation, as well as stateless persons, together with the customs authorities, keep records of vehicles, cargo, goods and animals moved across the State Border, including transit ones, quarterly and at the end of the year publish reference information on the number of vehicles, goods and goods moved through State border;
16) submit to state bodies, enterprises and their associations, institutions, organizations, public associations submissions on the elimination of the causes and conditions conducive to the commission of offenses, the inquiry or proceedings on cases of which are within the jurisdiction of the border authorities;
17) involve citizens in solving problems in the field of protecting the State Border within the border area on a voluntary basis as part of public associations, as freelance employees of border agencies and in other forms, as well as encourage citizens who have distinguished themselves in protecting the State Border;
18) use weapons, military equipment, special means, physical force and service dogs in the manner and cases provided for by this Law;
19) in the internal sea waters and in the territorial sea of the Russian Federation, the Russian part of the waters of border rivers, lakes and other water bodies in relation to Russian and foreign ships, in addition:
Invite the vessel to display its flag if it is not flown; to interrogate the vessel about the purpose of its entry into these waters;
Propose to the ship to change course if it leads to a prohibited or temporarily dangerous area for navigation, as well as to a safety zone established around an artificial island, installation or structure, if such areas and zone are reported to the public, or may result in another violation swimming mode;
Stop a ship and inspect it if it does not raise its flag, does not respond to interrogation signals, does not obey a request to change course, or violates the generally recognized principles and norms of international law. Based on the results of the inspection of the vessel, it may be allowed to continue sailing (stay) in the waters of the Russian Federation in compliance with the established rules, or it may be offered to leave the waters of the Russian Federation, or it may be detained in accordance with the requirements of this Law;
Remove from the ship and detain persons who have committed crimes and are subject to criminal liability under the legislation of the Russian Federation, transfer these persons to bodies of inquiry and investigation, unless otherwise provided by international treaties of the Russian Federation;
To pursue and detain outside the territorial waters of the Russian Federation a ship that has violated international treaties of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, until the ship enters the territorial sea of its country or a third state, if the pursuit was started in the waters or in the adjacent zone the Russian Federation after giving a visual or audible signal to stop from a distance allowing the vessel to see or hear this signal, and was carried out continuously;
20) to carry out measures to ensure the own security of border agencies in accordance with the Federal Law "On operational-search activities";
21) in accordance with the legislation of the Russian Federation, impose a fine for the illegal transportation of persons across the State Border. (Note: Payment of a fine does not relieve carriers from the obligation to reimburse the actual costs of sending foreign citizens or stateless persons brought to the Russian Federation without documents established for entry to the point where foreign citizens or stateless persons began their trip, or to any other the place where they are allowed to enter, as well as from the actual costs of maintaining and expelling them from the territory of the Russian Federation.).
When carrying out border searches and operations on the territory of the Russian Federation, border authorities may use the rights granted to them beyond the limits established by part two of this article.
When solving official tasks, ships and aircraft (helicopters) used by border authorities are granted the right to free of charge:
Use of the water and air space of the Russian Federation, sea, river (lake) ports, airports, airfields (landing sites) on the Russian territory, regardless of their ownership and purpose;
Obtaining navigational, meteorological, hydrographic and other information;
Providing flights and navigation.
Other rights to border authorities can be granted only by federal laws.
It is not allowed to use the rights granted to them by border authorities to solve tasks not assigned to them by federal laws.
Article 31. Powers of the Air Defense Forces
The Air Defense Troops protect the State Border in the airspace:
Exercise control over compliance with the rules for crossing the State Border;
Stop flights and take measures to land on the territory of the Russian Federation aircraft that illegally crossed the State Border or violated the procedure for using the airspace of the Russian Federation;
Provide assistance to aircraft that illegally crossed the State Border in cases of force majeure or unintentional actions of the crews of these aircraft, by restoring their orientation, taking them to the landing aerodrome on the territory of the Russian Federation or outside the airspace of the Russian Federation.
The Air Defense Forces have the right to:
1) use their means to identify aircraft in the airspace of the Russian Federation and airspace outside the territorial sea of the Russian Federation to the borders of foreign states in the event of a threat of illegal crossing or illegal crossing of the State Border;
2) in necessary cases, to involve in the procedure established by the Government of the Russian Federation the forces and means of other branches of the Armed Forces of the Russian Federation, state bodies to clarify the situation in the airspace and take measures to prevent or stop illegal crossing of the State Border in the airspace;
3) completely prohibit or restrict flights of aircraft in certain areas of the airspace of the Russian Federation in the event of a threat of illegal crossing or illegal crossing of the State Border in the airspace;
4) to invite crew members of aircraft that illegally crossed the State Border, after they landed on the territory of the Russian Federation in units of the Armed Forces of the Russian Federation or in other places to clarify the circumstances of illegal crossing and transfer to bodies of inquiry and investigation, unless otherwise provided by international treaties of the Russian Federation ;
5) use military equipment and weapons in accordance with this Law.
Article 32. Powers of the Navy
The Navy carries out the protection of the State Border in the underwater environment.
The forces of the Navy in their areas of responsibility for maintaining the operational regime in naval theaters:
Control the crossing of the State Border;
Carry out anti-submarine, including underwater sabotage, defense in the interests of the security of the Russian Federation;
Upon detection of underwater objects in the internal sea waters and in the territorial sea of the Russian Federation, as well as outside them (in the event of a threat of illegal crossing of the State Border by these objects), in accordance with the norms of international law and international treaties of the Russian Federation in the military field, measures are taken to stop or warning the actions of detected objects;
Use military equipment and weapons in accordance with this Law.
Article 33
Protection of the State Border in certain areas on land, the sea coast, the banks of border rivers, lakes and other water bodies in terms of the prohibition of illegal border crossing at the locations of military installations, garrisons of the Armed Forces of the Russian Federation, internal troops of the federal executive body authorized in the field of internal cases, other troops and military formations of the Russian Federation, closed to the passage (passage) of unauthorized persons, vehicles, is assigned to the command of these military facilities, garrisons. Such areas are determined jointly by the heads of regional border departments for federal districts, the heads of border departments for the constituent entities of the Russian Federation (in areas) and the commanders of the troops of military districts, fleets, flotillas, troops of operational-territorial associations of internal troops, commanders (chiefs) of other troops and military formations and supported by relevant documents.
The Armed Forces of the Russian Federation, the internal troops of the federal executive body authorized in the field of internal affairs, other troops and military formations of the Russian Federation shall allocate forces and means to the border agencies for participation in border searches and operations in the manner determined by joint decisions of the relevant federal executive bodies.
Other participation of the Armed Forces of the Russian Federation, internal troops of the federal executive body authorized in the field of internal affairs, other troops and military formations of the Russian Federation in the protection of the State Border is carried out only on the basis of federal laws.
Article 34
Border agencies, Air Defense Forces, Navy:
Provide assistance to each other in the performance of their duties to protect the State Border;
Within the powers established by this Law, coordinate the actions of state bodies exercising various types of control over the maintenance of regimes on the State Border, without interfering in these actions;
Organize directly on the State Border the interaction of their forces and state bodies, enterprises (regardless of ownership), institutions, organizations, public associations participating in the protection of the State Border or carrying out activities affecting the interests of protecting the State Border. The head of the federal executive body authorized in the field of security, the commanders-in-chief of the Air Defense Forces, the Navy, within their competence, issue orders on compliance with the regimes on the State Border, binding on all bodies, enterprises, institutions, organizations, public associations, officials persons and citizens on the territory of the Russian Federation;
Carry out interaction in the protection of the State Border with the relevant bodies, troops, fleets of foreign states in the manner established by international treaties of the Russian Federation, including those of an interdepartmental nature.
Article 35. Use of weapons and military equipment
Border authorities, air defense troops and forces of the Navy, protecting the State Border within the border area, use weapons and military equipment to repel an armed intrusion into the territory of the Russian Federation, prevent attempts to hijack air, sea, river vessels and other vehicles abroad funds without passengers.
Weapons and military equipment may also be used: against persons, aircraft, sea and river vessels and other vehicles that crossed (cross) the State Border in violation of the rules established by this Law, in response to the use of force by them or in cases where the termination of the violation or detention violators cannot be carried out by other means; to protect citizens from an attack that threatens their life and health, to free hostages; to repulse an attack on servicemen, persons performing official duties or public duty to protect the State Border, members of their families, when their lives are in direct danger; to repulse attacks on units and facilities of border authorities, the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation participating in the protection of the State Border, including to assist ships (boats), aircraft and helicopters in repelling an armed attack on them .
The use of weapons and military equipment must be preceded by a clearly expressed warning about the intention to use them and warning shots.
Without warning, weapons and military equipment may be used in repulsing an armed invasion, a sudden or armed attack on military personnel and other citizens, an attack using military equipment, air, sea, river vessels and other vehicles, armed resistance, escape with weapons of detainees, for release of the hostages.
Military personnel have the right to use weapons to neutralize animals that threaten the life and health of military personnel and other citizens, as well as to sound an alarm or call for help.
It is prohibited to use weapons and military equipment against women and minors, except in cases of an armed attack on their part or the provision of armed resistance by them or a life-threatening group attack; on air, sea, river vessels and other vehicles with passengers; in relation to persons who have illegally crossed or are attempting to cross the State Border, if this happens obviously by accident or in connection with an accident, the influence of irresistible forces of nature.
The procedure for the use of weapons and military equipment is determined by the Government of the Russian Federation.
Servicemen of other bodies of the federal security service, as well as servicemen of the Armed Forces of the Russian Federation and other troops and military formations of the Russian Federation involved in the defense of the State Border, may use weapons and military equipment in accordance with the requirements of this article.
Article 36. Use of special means
When fulfilling the duties of protecting the State Border within the border area, as well as ensuring the own security of border authorities, military personnel use special means (handcuffs or improvised means for binding, rubber sticks, tear substances, light and sound distracting devices, devices for the forced stop of transport), physical force, including combat fighting techniques, and service dogs in the manner prescribed by the Federal Law "On Police". A complete list of special means in service with border agencies, the grounds and rules for their use by military personnel of border agencies, as well as military personnel of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation in protecting the State Border, are established by the Government of the Russian Federation.
Section VIII. Participation of local governments, enterprises and their associations, institutions, organizations, public associations and citizens in the protection of the state border
Article 37
Local self-government bodies in accordance with the powers established by the legislation of the Russian Federation, organizations (regardless of ownership) and their associations, public associations and their officials:
Provide, in accordance with the legislation of the Russian Federation, land plots for the needs of protecting the State Border, exercise control over the use of land and compliance with the legislation of the Russian Federation on environmental protection on these plots;
Provide assistance to border authorities, the Air Defense Forces, the Navy, state bodies exercising various types of control on the State Border, comply with their legal instructions, provide information necessary for their activities;
Create conditions for the participation of citizens on a voluntary basis in the protection of the State Border within the border area.
The statutes of municipal formations located wholly or partly in the border area may provide for officials of local self-government in charge of border issues.
Article 38. Participation of citizens in the protection of the State Border
Citizens participate on a voluntary basis in the protection of the State Border within the border area as part of public associations, voluntary people's guards, as freelance officers of border agencies and in other forms. The procedure for involving citizens in the protection of the State Border is determined by the Government of the Russian Federation.
Section IX. Legal protection and social support for military personnel and other citizens participating in the protection of the state border
Article 39
Servicemen directly participating in the defense of the State Border are vested with the status of servicemen performing special duties, established by the Law of the Russian Federation "On the Status of Servicemen". They are representatives of the federal executive power and are under the protection of the state. Their legal requirements are binding on citizens and officials. No one, except for persons specially authorized to do so by federal law, has the right to interfere in their activities.
Interfering with the performance by servicemen of their duties to protect the State Border, encroachment on the life, health, honor and dignity, property of a serviceman or members of his family in connection with the performance of these duties by him shall entail criminal or administrative liability provided for by the legislation of the Russian Federation.
Article 40. Legal protection of citizens participating in the protection of the State Border and members of their families
Illegal actions against citizens and members of their families in connection with the provision by citizens of assistance to the border authorities in protecting the State Border shall entail liability established by the legislation of the Russian Federation.
Article 41
Social support for servicemen and other citizens directly involved in the protection of the State Border is guaranteed by the legislation of the Russian Federation.
Article 42 Lost strength.
Section X. Liability for Offenses at the State Border
Article 43. Responsibility for offenses at the State Border
Persons guilty of violating the rules of the regime of the State Border, the border regime and the regime at checkpoints across the State Border shall bear criminal or administrative responsibility, provided for by the legislation of the Russian Federation.
Section XI. Resource support for the protection of the state border
Article 44. Financial support for the protection of the State Border
Ensuring the protection of the State Border is an expenditure obligation of the Russian Federation.
Article 45. Material and technical support for the protection of the State Border
The material and technical support for the protection of the State Border is carried out from the state material, technical and other funds of the Russian Federation.
The norms and procedure for material and technical support are established by the Government of the Russian Federation.
The president
Russian Federation
B. Yeltsin
The main feature of the state is the presence of territory and clearly defined borders, within which the sovereignty and jurisdiction of the country is exercised (Article 1 of the law on the state border).
The total length of the state Russian border (even without taking into account the Crimea that joined in 2014) is 60,932 km. Russia has the largest number of neighboring countries in the world - 18 states, including 2 partially recognized territories (Abkhazia and South Ossetia).
General Provisions of the State Border Law
The border of modern Russia for the most part coincides with the borders of the former RSFSR that existed before 1991. At the moment, most of the territorial disputes have been settled, however, the issues of ownership of the Crimean peninsula and the four South Kuril Islands on the international platform are still being actively discussed and remain open.
Law of the Russian Federation N 4730-I "On the State Border of the Russian Federation" was adopted on April 1, 1993. When writing it, the legislator was based on the Constitution of the Russian Federation and the concluded international treaties. It is worth noting that the latter always take precedence over the laws of the state and other internal regulations (Article 4).
Structurally, the law consists of 11 sections, including 45 articles. Let us present a brief content of the law, indicating the theses:
- General provisions: state border, principles and norms of law when crossing the border, its protection and protection, existing legislation;
- The procedure for passing the state border, the rules for its designation;
- State border regime: rules for crossing the border by people and vehicles, moving goods, maintaining households. activities in the border area, the procedure for resolving incidents related to non-compliance with the regime;
- Border regime: entry, temporary stay, movement in the border zone, holding cultural events and carrying out fishing, economic and survey activities in the given territory or in the Russian part of water bodies;
- Regime at checkpoints: the procedure for the entry and exit of persons and vehicles, the import and export of goods and goods, the location of vehicles in the customs territory, households. activities near the checkpoint, other regime rules;
- Powers: border agencies, the armed forces of the Russian Federation, other troops and formations, interaction within the framework of border protection, the use of weapons, military equipment and special equipment;
- Participation in the defense of the border local governments, enterprises, institutions, organizations and ordinary citizens; their powers;
- Legal and social protection military personnel and civilians participating in the protection of the state border;
- Responsibility for violations at the state border(we will consider in detail);
- Securing the border: financial, logistical.
The protection of state borders is carried out by the border service (in Russia this function is performed by the FSB) within the border area through the organization of border posts, as well as by the Armed Forces: the air defense forces - in the airspace and the Navy - in the aquatic environment. Since 2016, the Ministry of Transport has been in charge of the arrangement of border points in Russia.
The purpose of protecting the state border is to prevent illegal passage and ensure the established regime. The protection of the state border is part of the country's security system (Article 3 of the law) in terms of political, geopolitical and economic interests.
Servicemen of the border agencies of the federal security service and the Armed Forces of the Russian Federation, as part of the performance of their duties and in order to suppress violations and acts of unlawful interference in the country's space, have the right to use weapons and military equipment against the violator (the issue is considered in Article 35 of the law).
The designation of the border is carried out in accordance with international agreements, as well as decisions of the Government of Russia (Article 6 of the law). On the ground it is indicated by clearly visible signs (red-green striped posts, fences, etc.). On all border signs and objects, the State Emblem of the Russian Federation is installed or depicted.
Depending on the nature of relations with neighbors, certain requirements of the state border regime can be simplified (Article 7 of the law). A vivid example of this is the lack of customs control on the border of the states that are part of the EAEU - Russia, the Republic of Belarus and Kazakhstan, the facilitated customs regime with Abkhazia and South Ossetia.
If you are also interested order of entry and exit from Russia, we suggest that you familiarize yourself with ours, which is often called the Federal Law on border crossing.
The last amendments to the law on the state border under consideration were made in July 2016.
Latest amendments
Federal Law No. 253-FZ of 07/03/2016 introduced the latest changes to the law of the Russian Federation on the state border.
Then part 2 of Article 16 on the maintenance and establishment of the border regime updated with a new paragraph. Yes, given mode creates reliable conditions for the protection of the state border and includes rules:
- In the border area:
- entry, stay, movement of persons and transport;
- economic, fishing and other activities, holding mass actions within a 5-kilometer strip along the state border;
- In the Russian part of water bodies (including the waters of the seas):
- registration and maintenance of small vessels and vehicles on ice;
- fishing, research, prospecting and other activities.
The amendment to the law was that the listed rules do not apply to foreign tourist vessels staying for the purpose of visiting one or more ports according to the schedule. At the same time, the crew is not entitled to board or disembark persons who are not tourists, unload and load goods and cargo (with the exception of food). You must have a permit to carry out tourism activities.
A complete list of ports and points, upon entry into which the said relief is valid for foreign tourist ships, is approved by the Government of Russia in accordance with the laws on internal sea waters and the territorial sea of the Russian Federation.
Is there a penalty for illegally crossing the border of the Russian Federation?
According to Article 43 on liability for offenses at the state border, persons guilty of violating the rules of the state border regime, border and customs regimes may incur criminal or administrative liability for their actions under the law.
We are talking about Chapter 18 of the Code of Administrative Offenses of the Russian Federation: "Administrative offenses in the field of protecting the state border and ensuring the regime of stay of foreign citizens or stateless persons on the territory of Russia." We list below the main provisions and penalties.
Art. 18.1. Violation of the rules for crossing the state border of the Russian Federation persons or vehicles according to the law shall entail a warning or the imposition of an administrative fine:
- In the amount of 2 to 5 thousand rubles - for citizens;
- From 30 to 50 thousand rubles - for employees;
- From 400 to 800 thousand - for legal entities;
Conducting economic, fishing or other activities at the border or near it without notifying the border authorities or in violation of the procedure:
- Warning or fine up to 1 thousand rubles;
- From 3 to 5 thousand rubles - for officials;
- From 10 to 30 thousand rubles - for legal entities. In all cases, confiscation of the instruments of violation is possible.
Art. 18.2. Border violation, i.e. rules of entry, temporary stay, movement of persons and vehicles in the border zone may result in a warning or a fine for the violator in the amount of:
- 500 - 1000 rubles.
Conducting commercial or other activities, holding mass events in the border zone, grazing cattle in the quarantine strip without permission or in violation of the order - warning or penalty:
- From 300 to 1000 rubles;
- From 5 to 10 thousand rubles - for legal entities.
Article 18.3. Violation of the border regime in the territorial sea and in the internal sea waters of Russia threatens with a warning or a fine:
- From 500 to 1000 rubles;
- From 2 to 5 thousand rubles - for officials;
- From 5 to 10 thousand rubles - for legal entities.
Conducting fishing, research, prospecting and other activities in the territorial sea and internal sea waters, the Russian part of the waters of border rivers, lakes and other water bodies without permission or in violation of:
- Warning or imposition of a fine from 300 to 1000 rubles with or without seizure of instruments of violation - for citizens;
- From 2 to 5 thousand rubles - for officials;
- From 8 to 12 thousand rubles - for legal entities.
Article 18.4. Violation of the regime at checkpoints through the state border of the Russian Federation threatens by law with a warning or a sanction in the amount of:
- From 300 to 1000 rubles;
- From 2 to 5 thousand - for officials;
- From 5 to 10 thousand - for legal entities;
Article 18.7. Disobedience to the command of a soldier, who is in the performance of his duties to protect the border, entails the imposition of a fine in the amount of 1000 to 1500 rubles or arrest for up to fifteen days.
Article 18.8. Violation by a foreign citizen the rules of entry into Russia, the regime of stay, migration registration, the rules of movement or the procedure for choosing a place of residence, transit through the territory of Russia, as well as non-compliance with the specified purposes of the visit:
- Fine from 2 to 5 thousand rubles; repeated violation will cost from 5 to 7 thousand;
- The same violations committed in Moscow or St. Petersburg are threatened by law with a fine of 5 to 7 thousand rubles, in case of repeated violation - from 7 to 10 thousand.
Smooth the same amounts penalties provided for by law in the event that a foreigner illegal labor activity in Russia (Article 18.10 of the Code of Administrative Offenses of the Russian Federation).
In addition to all the listed penalties, foreign citizens or stateless persons who have committed a violation, under the law may threaten expulsion outside of Russia.
Cases of offenses consisting in disobedience to the requirements of the border service are considered by officials of the FSB. They can be transferred to the magistrate's court in the process.
Download the law on the state border in the latest edition
We have listed the main provisions of seven of the twenty articles of Chapter 18 of the Code of Administrative Offenses of the Russian Federation concerning the protection of the state border of the Russian Federation and ensuring the regime of stay in Russia for foreign citizens. To familiarize yourself with the rest of the provisions of the chapter, we offer.
Also, for a more detailed acquaintance with the border regime, relevant principles and rules, we offer "On the State Border of the Russian Federation" with the latest changes.
security of the Russian Federation and the implementation of the state border policy of the Russian Federation consists in the coordinated activities of federal state authorities, state authorities of the constituent entities of the Russian Federation and local self-government bodies, carried out by them within their powers by adopting political, organizational and legal, diplomatic, economic, defense, border, intelligence, counterintelligence, operational-search, customs, environmental, sanitary-epidemiological, environmental and other measures. Organizations and citizens participate in this activity in accordance with the established procedure.
Measures to protect the State Border are taken in accordance with the status of the State Border determined by international treaties of the Russian Federation and the legislation of the Russian Federation.
The Russian Federation cooperates with foreign states in the field of protecting the State Border on the basis of generally recognized principles and norms of international law and international treaties of the Russian Federation.
Protection of the State Border ensures the vital interests of the individual, society and the state on the State Border within the border area (border zone, the Russian part of the waters of border rivers, lakes and other water bodies, internal sea waters and the territorial sea of the Russian Federation, checkpoints across the State Border, as well as the territories of administrative districts and cities, sanatorium and resort areas, specially protected natural areas, objects and other territories adjacent to the State Border, the border zone, the banks of border rivers, lakes and other water bodies, the sea coast or checkpoints) and is carried out by all federal executive bodies in accordance with their powers established by the legislation of the Russian Federation.
(as amended by federal laws dated 31.05.99 N 105-FZ , dated 14.07.2008 N 118-FZ , dated December 22, 2014 N 446-FZ)
The protection of the State Border is an integral part of the protection of the State Border and is carried out by the border agencies of the federal security service (hereinafter referred to as the border agencies) within the border territory, the Armed Forces of the Russian Federation in the airspace and underwater environment and other forces (bodies) ensuring the security of the Russian Federation in cases and in the manner determined by the legislation of the Russian Federation. The protection of the State Border is carried out in order to prevent illegal changes in the passage of the State Border, to ensure compliance by individuals and legal entities with the regime of the State Border, the border regime and the regime at checkpoints across the State Border. Measures for the protection of the State Border are considered in this Law as border measures.
(as amended by federal laws dated 07.03.2005 N 15-FZ , dated December 22, 2014 N 446-FZ)
Border measures are included in the system of security measures implemented within the framework of a unified state security policy and corresponding to a threat to the vital interests of the individual, society and the state.
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