The government conceptually supported the bill to combat fictitious marriages and adoptions for the sake of citizenship

On Monday, the Government Commission on Legislative Activities approved regular reviews of parliamentary initiatives. The United Russia bill, aimed at combating fictitious marriages and adoptions for the sake of obtaining Russian citizenship, was conceptually supported by the Cabinet (and for the second time), but supplemented its review with new comments. But the government considered the initiative of the LDPR members, who proposed to remove charity related to the special operation from the restrictions provided for by the electoral legislation, as excessive.

Amendments to the laws “On the procedure for leaving the Russian Federation and entering the Russian Federation” and “On the legal status of foreign citizens in the Russian Federation” were introduced to the State Duma by a group of senators and deputies led by the chairman of the Federation Council Committee on Constitutional Legislation and State Building Andrei Klishas (see “ Kommersant” dated November 2, 2023). The initiative is designed to eliminate the possibility of foreigners using fictitious marriages and fictitious paternity to obtain migration status in Russia.

According to the authors, a temporary residence permit (TRP) for migrant spouses of Russian citizens should be issued after two years from the date of marriage. An extraordinary residence permit (RP) for parents (adoptive parents, guardians, trustees) of children—citizens of the Russian Federation—is proposed to be issued on the condition that the child was born in a valid marriage with Russians. Parliamentarians propose revoking temporary residence permits and temporary residence permits in cases where the citizenship applicant’s marriage was declared invalid by the court, or if the adoption (or act of establishing paternity) of a child who is a citizen of the Russian Federation was canceled by the court.

The authors took into account previous comments to the bill, made by the Cabinet of Ministers last fall, as indicated in the draft review. However, the government commission presented a new list of necessary improvements. Now parliamentarians are advised to clarify some of the bureaucratic requirements they are introducing for such applicants, and also to directly indicate in the text that in order to issue a residence permit on family grounds, the court must establish not only the fact of cohabitation of a foreigner with a child or Russian spouse, but also his participation in the “maintenance , raising a child or the fact of running a common household,” since “cohabitation in itself does not exclude the fictitiousness of marriage and family relations.”

At the same time, the legal commission draws attention to some overlapping provisions regarding the cancellation of temporary residence permits, and also recommends updating a number of reference norms contained in the amendments. Subject to improvements on the listed points, the government promises to support the initiative.

But it was decided to refuse support for two LDPR projects. Thus, the proposal of the Liberal Democrats to exclude the ban on charity and provision of material and financial assistance to voters during the election campaign, if these actions are aimed at promoting a special military operation, was considered “excessive” by the Cabinet of Ministers. Among other relevant departments, these amendments were not supported by the Central Election Commission of the Russian Federation. The draft review emphasizes that “carrying out charitable activities during the election campaign can contribute to the formation of a positive image of political parties and candidates in the eyes of voters,” which “may be perceived by them as election campaigning.”

In addition, the lack of criteria for distinguishing between charity and election campaigning will lead to “difficulties in law enforcement practice, in particular when determining the fact of bribery of voters,” the document notes. However, the election campaign “does not deprive a political party or its individual members of the opportunity to transfer their own funds” to philanthropists, and outside the period of the election campaign they are not bound by any prohibitions, party members in the government were reminded.

The government commission was not inspired by another patriotic idea of ​​the liberal democrats – it was mandatory to raise the Russian tricolor during ceremonial sports ceremonies. “The issue of using the State Flag of the Russian Federation during official physical education and sporting events is sufficiently regulated by law,” the draft review explains.

Grigory Leiba