If you do not notify the FMS about the dismissal of a foreigner. What will happen if you do not notify the FMS about the guest worker Paperwork upon dismissal of a foreigner

2018 was marked by various important changes in Russian migration legislation. They affected not only migrants, but also Russian employers who hire foreign citizens.

As you know, every employer, whether a legal entity or an individual, is obliged to submit a relevant notification to the Federal Migration Service of the Russian Federation regarding the admission or dismissal of foreign citizens. At the same time, a notification is required for each employee from another country no later than three days from the date of hiring or dismissal.

It should be noted that since 2015, the employer has the right to refuse to hire a foreign citizen and terminate the employment contract with him if the migrant does not have medical insurance (VHI policy) or if it has ended. For this reason, every migrant is obliged to take care of the execution of this document.

How to submit a notification?

The notification by the employer must be carried out exclusively on the form, the form of which is established by law.

In addition, the law provides for two methods of filing notifications:

Sending by mail.
Personal submission of a notification to the Federal Migration Service.

Fines

The notification forms should be filled out carefully, their submission should not be delayed, and it is advisable to submit them in person. So you will be able to avoid the penalties provided for by Part 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation. In accordance with this article, if the employer does not submit a notification to the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS), violates the deadlines for filing or the form for filing a notification, then in Leningrad region and St. Petersburg, a fine will be imposed on him:

on citizens Russian Federation(individuals) - from five to seven thousand rubles;
for officials - from 35 to 70 thousand rubles;
for companies (legal entities) - from four hundred thousand to one million rubles, or even the suspension of the functioning of the company for a period of fourteen to ninety days is possible.

It's important to know! It does not matter the reason why the contract was terminated with foreign citizen, whether it is the expiration of the contract or its early termination by one of the parties, in each of these cases you must submit a notification to the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) within three days.

You can get detailed clarifications on issues related to the registration of foreign citizens by calling hotline"Out of State".

09.02.2018

Penalties for the lack of notification or its untimely

Russian law provides for severe fines and other measures regarding physical and legal entities, as well as individual entrepreneurs who act as employers of foreigners, therefore, the accuracy and accuracy of observing the deadlines and rules for submitting notifications to the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) is of great importance. According to part 4. 3 . 2. 1. Article 18.15 of the Code of Administrative Offenses of the Russian Federation provides for imposing fines for failure to notify or untimely notification of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia about the employment / dismissal of migrants.

For example, if you did not inform the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) about the employment of a foreign citizen, or if the deadlines for submitting a notice of employment were violated, or if you made a mistake in the process of filling out the form of a notice of employment of a foreigner, you will be fined:

5000-7000 rubles per individual;
35,000-70,000 rubles, if an official is responsible for the offense;
400,000-1,000,000 rubles for legal entities that have committed an offense.

In addition, the administrative suspension of the work of companies and individual entrepreneurs for up to 90 days is not ruled out.

A foreign citizen himself may be denied entry to the territory of the Russian Federation, with an administrative fine of 5,000 thousand rubles.

It is known that the employer, when accepting or dismissing a foreigner, must inform the FMS that an employment contract has been concluded or terminated with a representative of another state. At the same time, in 2016, the functions of the FMS were liquidated and transferred to the Main Department of Internal Affairs of the Ministry of Internal Affairs. Employers began to wonder who should be notified: the Main Department of Internal Affairs of the Ministry of Internal Affairs or the FMS, where to send notices of employment of a foreigner, and whether it is necessary to inform the FMS in principle. I will try to give exhaustive answers not only to them, but also to other questions regarding the notice of admission to the state of a foreigner from 2016.

Notification of the FMS on the employment / dismissal of a foreigner in 2018

According to Federal Law No. 115, notification of the employment or dismissal of a foreigner is an important condition for the legitimate exercise labor activity representatives of other countries in the Russian Federation. The legislation obliges the management of enterprises to perform this procedure when hiring foreign citizens of all categories: visa, (work permit); visa-free (patent); and RVP or residence permit.

As a result, if such a foreign citizen is accepted into the firm, the employer must send a notice of his employment to government bodies immediately after an employment contract is signed with a representative of another state. In addition, the employer will definitely have to send a notice that the foreigner has been fired if the employment contract is actually terminated with him. At the same time, it is necessary to inform about the termination of labor relations with a foreign citizen, regardless of the reason for dismissal.

A notice that an employment contract with a foreigner has been terminated or concluded is submitted separately for each person. Also, migrants working under a patent must inform the Main Department of Internal Affairs of the Ministry of Internal Affairs about employment within two months. The foreigner is obliged to personally provide a copy employment contract, if his employer has not previously done this (the law does not oblige him to do this).

Where to submit notices in 2018?

When the FMS was liquidated and reassigned to the GUVM of the Ministry of Internal Affairs, it was necessary to send notices of employment of foreigners to the Ministry of Internal Affairs, and not to the FMS. Today, notifications that an employment contract has been terminated or concluded with a representative of another country can still be personally submitted to the territorial bodies of the Main Department of Internal Affairs of the Ministry of Internal Affairs, or use postal services. It should be noted that in the bodies of the Main Department of Internal Affairs of the Ministry of Internal Affairs there is often a limit on the number of notifications per day when submitted by one representative of an individual entrepreneur, a legal entity or an individual employer.

Free way: notifications are difficult to implement due to huge queues.
Paid method: here people lose both time and money. At the same time, the reorganization migration service led to the fact that unexpected non-reception days have become commonplace in the absence of an explanation of the reasons.

Employers who have independently informed the GUVM of the Ministry of Internal Affairs (FMS) that an employment contract has been concluded are aware of the difficulties that can be encountered in this unpleasant process. In addition to limitless queues and limited admission times, those wishing to submit a notice will face nit-picking about issues such as the relevance of the form, the quality of the ink, the size of the font, and the accuracy of the handwriting. Sometimes a foreigner may be required to provide such documents that are not even provided for by law for such a procedure.

Deadlines for notifying the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) about the employment / dismissal of a foreigner

The employer is required to send a notice of employment of a foreign citizen to the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS), informing the authorities about this within three days from the date of conclusion of an employment contract with a representative of another state. The same deadlines are set for sending a notice of termination of the contract with a foreigner.

In the event of the conclusion or termination of an employment contract with a foreigner, the management of the enterprise is obliged to inform the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) about this. The notification procedure includes several points:

accurate and competent filling of the form-notification of the employment of a foreign worker;
a detailed check of the completed forms for the presence of shortcomings / errors;
placement on the notification form of the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) of the seal of the organization confirming the conclusion of an employment contract in the place designated for this purpose;
submission of a notice by a representative of a legal entity. persons to the bodies of the Main Department of Internal Affairs of the Ministry of Internal Affairs by mail or in person;
receipt by an individual-employer or representative of legal entities. persons, individual entrepreneurs of the tear-off part of the notification form that an employment contract has been concluded, with the seal of the authorized body.

The key condition for the observance of the legitimacy of this procedure is considered to be informing the authorized bodies no later than within three days from the date of conclusion of an employment contract with a foreigner. Separately, we note the features of sending a notice of termination / conclusion of an employment contract by mail. In theory, this is very easy and convenient, but every mistake made will lead to the fact that the notification will not be registered, and after some time the employer will be fined up to a million rubles for not notifying the migrant about the employment or dismissal in time.

Similar measures will be taken in relation to your organization if you did not inform the Main Department of Internal Affairs of the Ministry of Internal Affairs (FMS) about the termination of the contract with a foreign citizen, or violated the deadlines for notifying the employee about the dismissal, or made a mistake in the process of filling out the notification form.

Naturally, each employer himself knows how to develop his entrepreneurial activity, and he decides with whom to work. However, the current situation in the Russian labor and migration legislation is increasingly forcing every prudent official to think about the simplification and reliability of methods for getting rid of migration and personnel risks.

Undoubtedly, one of the best methods for solving such problems is the removal of personnel from the company's staff. Despite the fact that outstaffing is not a new phenomenon, most enterprises in the Russian Federation have not yet fully appreciated its advantages.

Rest assured, entrusting the solution of personnel issues to specialists means not only preventing fines, additional checks and senseless risks, but also using the internal resources of the organization more efficiently, and most importantly, saving time and money.

received
fee 60%

. Question: what to do to minimize the fine: notify yourself now (will it result in a violation of the notification period?)
Tatyana

Hello. Here the formal composition is part 3 of Art. 18.15 koap. therefore, if the deadline is violated, you are already fined, even if you notify right now.

Attracts up to five thousand rubles; on the officials- from thirty-five thousand to fifty thousand rubles; for legal entities - from four hundred

Moreover, the individual entrepreneurs are responsible for these violations - as legal entities.

Notes to Art. 18.15:

1. For the purposes of this article, the engagement of a foreign citizen or stateless person in labor activity in the Russian Federation shall mean admission in any form to the performance of work or the provision of services, or other use of the labor of a foreign citizen or stateless person.
2. In the event of illegal employment in the Russian Federation of two or more foreign citizens and (or) stateless persons, administrative liability, established by this article, comes for violation of the rules for attracting foreign citizens and stateless persons to work in the Russian Federation (including foreign workers) in relation to each foreign citizen or stateless person separately.

wait for it to pop up?
Tatyana

does not play a role, except that there will be a mitigating circumstance if you still notify, but this will not exempt you from punishment, but will give a minimum fine - for legal entities it is still very large here - 400.000

When and how can this violation be revealed?
Tatyana

during any inspection of your organization, planned, not planned ... it can be different.

received a residence permit in 2015. did we have to notify about it somehow? (it still works with us, did we violate it?)
Tatyana

In accordance with federal law 115 "On legal status foreign citizens in the Russian Federation" - since 2015, it is necessary to notify the FMS about all foreign workers

8. The employer or the customer of works (services), attracting and using a foreign citizen for the implementation of labor activity, about to notify the territorial authority federal body executive authority in the field of migration in the constituent entity of the Russian Federation on the territory of which this foreign citizen carries out labor activity, on the conclusion and termination (termination) with this foreign citizen of an employment contract or a civil law contract for the performance of work (rendering of services) within a period not exceeding three working days from the date of conclusion or termination (cancellation) of the relevant agreement.
The notification specified in paragraph one of this clause may be sent by the employer or the customer of works (services) to the territorial body of the federal executive body in the field of migration on paper or submitted in the form electronic document using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services.
The form and procedure for filing the said notice (including in electronic format) are established by the federal executive body in the field of migration.
After receiving the notification specified in paragraph one of this paragraph, the territorial body of the federal executive body in the field of migration checks the registration of the employer or customer of works (services) that are legal entities or individual entrepreneurs in the unified state register of legal entities or the unified state register of individual entrepreneurs .
The territorial bodies of the federal executive body in the field of migration exchange with the executive bodies in charge of employment issues in the relevant subject of the Russian Federation and the tax authorities information on the involvement of employers and customers of works (services) of foreign citizens for labor activity. The exchange of information is carried out using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it or otherwise in electronic form, subject to the requirements established by the legislation of the Russian Federation in the field of personal data.

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If the employer does not submit a notification to the FMS, violates the deadlines
filing or filing notification form, then in the cities federal significance,
such as Moscow and the region, as well as St. Petersburg and the Leningrad region, on it
a fine is imposed:
from 5,000 to 7,000 rubles for citizens of the Russian Federation (individuals);
from 35,000 to 70,000 rubles for officials;
from 400,000 to 1,000,000 rubles for legal entities.

RF, Article 18.15. Illegal involvement in labor activity in
Russian Federation of a foreign citizen or stateless person
(introduced by Federal Law No. 189-FZ of November 5, 2006)
1.

citizen or stateless person in the absence of these foreign
citizen or stateless person work permit or patent,
if such authorization or patent is required under federal
law,
or involvement in labor activity in the Russian Federation
foreign citizen or stateless person by profession
(specialty, position, type of labor activity), not specified in
work permit or patent, if the work permit or patent
contains information about the profession (specialty, position, type of labor
activities), or the involvement of a foreign citizen or a person without
citizenship to labor activity outside the limits of the subject of the Russian
Federation, on the territory of which this foreign citizen or
a stateless person has been issued a work permit, patent, or
temporary residence, - (as amended by the Federal Laws of May 19, 2010 N 86-FZ, of November 24, 2014 N 357-FZ, of June 29, 2015 N 199-FZ)

entails
overlay administrative fine for citizens in the amount of two thousand

thousand to eight hundred thousand rubles or an administrative suspension
activities for a period of fourteen to ninety days.

(see text in previous edition)
2.
Attraction to labor activity in the Russian Federation of a foreign
citizen or stateless person without obtaining, in accordance with the established procedure, permission to attract and use foreign workers, if such permission is required in accordance with federal law, - entails
imposition of an administrative fine on citizens in the amount of two thousand
up to five thousand rubles; on officials - from twenty-five thousand to
fifty thousand rubles; for legal entities - from two hundred and fifty
thousand to eight hundred thousand rubles or an administrative suspension
activities for a period of fourteen to ninety days.
(as amended by Federal Laws No. 116-FZ of 22.06.2007, No. 207-FZ of 23.07.2013)
(see text in previous edition)
3.
Failure to notify or violation of the established procedure and (or) form
notification of the territorial body of the federal executive body
authority authorized to exercise the functions of control and supervision in
sphere of migration, on the conclusion or termination (termination) of labor
contract or civil law contract for the performance of work (provision of
services) with a foreign citizen within a period not exceeding three working
days from the date of conclusion, termination (cancellation) of the contract, if such
notification is required in accordance with federal law, - (as amended by Federal Laws of 02.07.2013 N 162-FZ, of 23.07.2013 N 207-FZ, of 24.11.2014 N 357-FZ)
(see text in previous edition)
entails
imposition of an administrative fine on citizens in the amount of two thousand
up to five thousand rubles; on officials - from thirty-five thousand to
fifty thousand rubles; for legal entities - from four hundred thousand to
eight hundred thousand rubles or an administrative suspension
activities for a period of fourteen to ninety days.
(as amended by Federal Laws No. 116-FZ of 22.06.2007, No. 207-FZ of 23.07.2013)
(see text in previous edition)
4. Violations provided for in parts 1 - 3
of this article committed in the federal city of Moscow or
Petersburg or in the Moscow or Leningrad region - entail
imposition of an administrative fine on citizens in the amount of five thousand
up to seven thousand rubles; on officials - from thirty-five thousand to
seventy thousand rubles; for legal entities - from four hundred thousand to
one million rubles or an administrative suspension
activities for a period of fourteen to ninety days.
(Part 4 was introduced by Federal Law No. 207-FZ of July 23, 2013)

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Tatyana, hello!

in 2015, they hired a citizen of Ukraine also with a temporary residence permit in Russia, by analogy with the 1st Uzbek, and did not track that since 2015 it is already necessary to notify the FMS of the conclusion and termination of employment. contracts.
Tatyana

Yes, you should have sent such notifications.

It is necessary to notify the migration service about the admission and dismissal of all foreign employees, regardless of their status:
visa and visa-free foreigners temporarily staying in Russia; foreigners temporarily or permanently residing in Russia; highly qualified specialists.
Notifications shall be sent no later than three working days from the date of conclusion or termination of an employment or civil law contract with a foreigner. The certificate form was approved by order of the FMS of Russia dated June 28, 2010 No. 147.

The employer is obliged to report the conclusion and termination of an employment contract with a foreigner (clause 8, article 13 of the Law of July 25, 2002 No. 115-FZ).

Failure to notify Migration Service on the conclusion or termination of an employment or civil law contract with a foreigner or a notice in violation of the order, term and form notification is a violation of the law, for which administrative responsibility is provided for (part 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation).

It does not matter if you did not notify the FMS or notified later - liability is provided in both cases.

3. Failure to notify or violation of the established procedure and (or) form of notification of the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration, on the conclusion or termination (termination) of an employment contract or a civil law contract for the performance of work ( provision of services) with a foreign citizen within a period not exceeding three working days from the date of conclusion, termination (cancellation) of the contract, if such notification is required in accordance with federal law,

Not presenting a notice and waiting for it to go unnoticed is a slim chance.
Such violations can be detected during an on-site or documentary audit of the organization.
Checks in the field of migration are carried out by the Federal Migration Service of Russia with the participation of the Ministry of Internal Affairs of Russia.
During inspections, the following activities may be carried out:
unhindered inspection of the territory of the employer in order to establish the fact of the presence of foreign citizens;
verification of compliance with migration legislation, including determining the legality of stay, compliance with the procedure for the implementation of labor activities by foreigners, as well as the procedure for attracting and using the labor of foreign employees;
obtaining, on the basis of a reasoned written request, information and documents related to the subject of verification.
Such rules are established by paragraphs 2–7 of the Regulations, approved by Decree of the Government of the Russian Federation of November 13, 2012 No. 1162.

In more detail, the procedure for conducting control measures is established by the Administrative Regulations approved by order of the Federal Migration Service and the Ministry of Internal Affairs of Russia dated July 31, 2015 No. 367/807.

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Tatyana

I would suggest that you immediately notify the FMS of your mistake yourself. “The sword does not cut a guilty head,” I admit that you will be able to avoid punishment in this case, but if they themselves discover this violation, you will be punished for sure.

Article 18.15. Illegal employment in the Russian Federation of a foreign citizen or stateless person
3. Failure to notify or violation of the established procedure and (or) form of notification of the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration, on the conclusion or termination (termination) of an employment contract or a civil law contract for the performance of work ( provision of services) with a foreign citizen within a period not exceeding three working days from the date of conclusion, termination (cancellation) of the contract, if such notification is required in accordance with federal law,
- entails the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles; on officials - from thirty-five thousand to fifty thousand rubles; on legal entities - from four hundred thousand to eight hundred thousand rubles or an administrative suspension of activities for a period of fourteen to ninety days.

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Hello Tatiana!

Question: what to do to minimize the fine: notify yourself now (does it turn out to be a violation of the notification period?), Or wait until it “pops up”?
Tatyana

According to part 3 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, when imposing an administrative penalty on a legal entity, the nature of the offense committed by him is taken into account administrative offense, property and financial status of a legal entity, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility.

In accordance with Part 1 of Art. 4.2 of the Code of Administrative Offenses of the Russian Federation, circumstances mitigating administrative responsibility are recognized:

1) repentance of the person who committed the administrative offense;
2) voluntary termination of unlawful behavior by a person who committed an administrative offense;
3) voluntary notification by the person who has committed an administrative offense to the body authorized to carry out proceedings in a case on an administrative offense, on the administrative offense committed;

Thus, in order to minimize the fine under the lower limit of the sanction (400 thousand rubles), your organization needs to: 1) notify the Federal Migration Service of the admission of foreign citizens; 2) voluntarily inform the FMS about the committed administrative offense, declaring repentance; 3) submit documents on property and financial position of the legal entity.

According to part 3.1 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, in the presence of exceptional circumstances related to the nature of the committed administrative offense and its consequences, the property and financial situation of the person involved in administrative responsibility a legal entity, a judge, a body, an official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose a penalty in the form of an administrative fine in the amount of less than the minimum amount of an administrative fine provided for by the relevant article or part of an article of Section II of this Code, if minimum size administrative fine for legal entities is not less than one hundred thousand rubles.

Therefore, if your organization provesAvailability exceptional circumstances related to the nature of the administrative offense and its consequences, will provide evidence of a difficult property and financial situation, then we can expect that a fine will be imposed in the amount of less than 400 thousand rubles.

Tatyana, good afternoon! I will add to what my colleagues said that it is necessary to notify that the article will also be in this case (part 4 of article 18.15 of the Code of Administrative Offenses), however, in the event of prosecution, there are more chances to cancel the decision in court, for example, by persuading the court to apply Art. 2.9 of the Code of Administrative Offenses due to the insignificance of the offense committed

If the committed administrative offense is insignificant, the judge, body, official authorized to decide the case on the administrative offense may release the person who committed the administrative offense from administrative liability and confine himself to an oral remark.

This is quite a possible outcome as practice shows.

Resolution of the Supreme Court of the Russian Federation of December 31, 2015 N 308-AD15-17994 in case N A53-13386 / 2015

individual entrepreneur Saakyan Sargis Saribekovich (hereinafter referred to as the entrepreneur) applied to the Arbitration Court of the Rostov Region with a statement to the Office of the Federal Migration Service for the Rostov Region (hereinafter referred to as the administrative body) to declare it illegal and cancel the decision of 18.05.2015 N 169778 on bringing to administrative responsibility, provided for by Part 3 of Article 18.15 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).
By the decision of the Arbitration Court of the Rostov Region dated July 17, 2015, left unchanged by the decision of the Fifteenth Arbitration Court of Appeal from 26.08.2015, the contested decision of the administrative body was recognized as illegal and cancelled.
The Arbitration Court of the North Caucasus District, by its decision of October 23, 2015, upheld the decision of the court of first instance and the decision of the court of appeal.
Acting Head of the Department of Immigration Control of the Office of the Federal Migration Service for the Rostov Region Lieutenant Colonel internal service Palchenko A.V. (hereinafter - the applicant) applied to Supreme Court Russian Federation with a complaint against the judicial acts, in which he asks them to cancel and adopt a new judicial act to refuse the entrepreneur to satisfy the stated requirements.
When considering the arguments of the complaint and the judicial acts adopted in the case, the grounds for satisfying the said complaint were not established.
As follows from the judicial acts, by the decision of the administrative body of May 18, 2015 N 169778, the entrepreneur was brought to administrative responsibility under part 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation with the imposition of a penalty in the form of an administrative fine in the amount of 200,000 rubles for late notification of the administrative body about the conclusion of an employment contract by the entrepreneur with a foreign citizen.
Disagreeing with the said decision of the administrative body, the businessman challenged it in Arbitration Court Rostov region.
According to part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation, failure to notify or violate the established procedure and (or) form of notification of the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration, on the conclusion or termination (termination) of an employment contract or civil law of a contract for the performance of work (rendering of services) with a foreign citizen within a period not exceeding three working days from the date of conclusion, termination (cancellation) of the contract, if such notification is required in accordance with federal law, - entails the imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles; on officials - from thirty-five thousand to fifty thousand rubles; on legal entities - from four hundred thousand to eight hundred thousand rubles or an administrative suspension of activities for a period of fourteen to ninety days.
After evaluating the evidence presented in the case file and establishing the presence in the actions of the entrepreneur of an administrative offense, the responsibility for which is provided for by Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation, the court of first instance came to the conclusion that it was lawful to bring the entrepreneur to the named administrative responsibility. At the same time, taking into account the circumstances associated with the commission of an administrative offense, its nature and consequences, the degree of guilt of the entrepreneur, taking into account that in this case the appointed administrative punishment is punitive in nature and disproportionate to the severity of the offense committed, the court of first instance recognized the administrative offense committed by the entrepreneur as insignificant and released the entrepreneur from administrative responsibility by virtue of Article 2.9 of the Code of Administrative Offenses of the Russian Federation, declaring illegal and canceling the disputed decision of the administrative body.
Courts of Appeal and cassation instances agreed with these conclusions and left the decision of the court of first instance unchanged.
Appealing against the above judicial acts to the Supreme Court of the Russian Federation, the applicant argues that there are no grounds for recognizing the offense committed by the entrepreneur as insignificant and asks to cancel the contested judicial acts.
At the same time, these arguments of the applicant are related to the reassessment of evidence and the circumstances established by the courts related to the existence of grounds provided for in Article 2.9 of the Code of Administrative Offenses of the Russian Federation for the release of an entrepreneur from administrative responsibility.
In addition, Article 30.17 of the Code of Administrative Offenses of the Russian Federation contains an exhaustive list of decisions that may be issued by the court based on the results of consideration of a complaint, protest against a ruling on an administrative offense that has entered into force, a decision based on the results of consideration of complaints, protests, and provides for the cancellation decisions on the case of an administrative offense, decisions based on the results of consideration of a complaint, protest and return of the case for a new consideration in cases of significant violation of the procedural requirements provided for by this Code, if this did not allow for a comprehensive, complete and objective consideration of the case.
The applicant's arguments set out in the complaint do not indicate that the courts committed significant violations of the procedural requirements provided for by the Code of Administrative Offenses of the Russian Federation, which did not allow for a comprehensive, complete and objective consideration of the case. 0 0

Article 18.15. KOAP, the most used by FMS employees. It imposes the most FMS fines.

Part 3 of article 18.15. imposes liability for NOT NOTIFICATION - FMS, CZN and IFTS that the company has hired a foreigner.

When hiring CIS citizens - Notifications are sent -

FMS within 2 days.
In the Central Health Center - within 3 days.
In the IFTS within 10 days.

Confirmation of the timely dispatch of such Notice is the "original" stamp, postal item. Or a payment receipt, postage payment.

When hiring a citizen from a Visa country - Notification is sent -

In the Central Health Center - within 3 days.
In the IFTS within 10 days.

Confirmation of the timely sending of such a Notice is the "original" stamp, postal item. Or a payment receipt, postage payment.

ATTENTION - the countdown of these terms begins

from the moment of signing Labor Contract, between the company and the foreigner.
from the day the work began, which the foreigner will name in his Explanation when he is caught by the FMS officers.

AND STILL IMPORTANT - Civil Code Russia, only matter originals postage stamps or receipts for the dispatch of the postal item.

If you really sent such a Notification, then your Notification is immediately recorded and entered into the computer by the CZN, the Federal Migration Service and the Federal Tax Service, especially the Federal Migration Service. And there are no further problems.

Except for only one case - when you hire a new employee to replace a laid-off one. And you again have to, from the very beginning, start sending all the required Notifications.

QUESTION - what to do if a check came in, but Notifications were not sent. Or you are already tired of sending Notifications. And you deliberately do not send them.

Then you have only one thing left - you can apply Cunning -

knowing in advance that you will not send Notifications every time, send a “blank” sheet of paper to these authorities in advance. Obtain, and keep carefully, the postal receipt.

As experience shows, to ask you, something in this case, the FMS does not succeed.

Well, if a check has come, and you do not have Postal receipts with the required dates, then there is only one thing left.

Promise the FMS staff to submit the documents later. Make the right stamps, with the right dates, but not from the regional post office. And from the post office, wherever you are in the "Darkness of Tarakansk." Better from a non-existent post office. And present with a "smart" look, these envelopes with stamps, employees of the Federal Migration Service, Say that the employee who was instructed to send these Notifications was on a business trip and sent letters on the road.

Experience shows that this also passes. Still better than paying fines or paying for our services.

Article 18.15. Illegal employment in the Russian Federation of a foreign citizen or stateless person

(introduced by Federal Law No. 189-FZ of November 5, 2006)

1. Employment in the Russian Federation of a foreign citizen or stateless person in the absence of a foreign citizen or stateless person work permits

2. Engaging a foreign citizen or a stateless person in labor activity in the Russian Federation without receiving in the prescribed manner permits to attract and use foreign workers if such permission is required in accordance with federal law - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles; on officials - from twenty-five thousand to fifty thousand roubles; on legal entities - from two hundred and fifty thousand to eight hundred thousand rubles or an administrative suspension of activities for a period of up to ninety days. (as amended by Federal Law No. 116-FZ of June 22, 2007)

3. Failure to notify the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration - the Federal Migration Service of the executive body in charge of employment in the relevant subject of the Russian Federation - TsZN. or tax authority- IFNS. on engaging a foreign citizen or stateless person in labor activity in the Russian Federation, if such notification is required in accordance with federal law, - shall entail the imposition of an administrative fine on citizens in the amount of 2,000 rubles. up to 5,000 rubles; for officials - from 35,000 rubles. up to 50,000 rubles; for legal entities - from 400,000 rubles. up to 800,000 rubles or an administrative suspension of activities for up to ninety days. (as amended by Federal Law No. 116-FZ of June 22, 2007)

NOTES:

2. In case of illegal engagement of two or more foreign citizens and (or) stateless persons in labor activity in the Russian Federation, the administrative liability established by this article occurs for violation of the rules for attracting foreign citizens and stateless persons to labor activity in the Russian Federation (in including foreign workers) in relation to each foreign citizen or stateless person separately.

How to avoid the troubles associated with the bureaucratic "traps" laid down in Article 18.15. part 3 of the Code of Administrative Offenses, you can read on the following pages of our website.

Try Staff Leasing or Migration Audit. You can read more about this on the pages of our website -

look at the page of our site - ""

This is just the case when the Russian Post,

can save you from FMS fine

02 August 2016, 11:38 , question #1333235 Artem, Saint Petersburg

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The IP did not notify the FMS of the admission. On July 29, both workers were fired.
Artem

Hello.

should have notified - Part 3 of Art. 18.15 coup fine there for yip goes like for yur person

3. Failure to notify or violation of the established procedure and (or) form of notification of the territorial body of the federal executive body exercising federal state control (supervision) in the field of migration, on the conclusion or termination (termination) of an employment contract or a civil law contract for the performance of work (provision of services) with a foreign citizen within a period not exceeding three working days from the date of conclusion, termination (cancellation) of the contract, if such notification is required in accordance with federal law -
Notes:

Note. For administrative offenses provided for by this article and other articles of this chapter, persons carrying out entrepreneurial activity without forming a legal entity, in connection with the implementation of these activities, they bear administrative responsibility as legal entities, with the exception of cases where the relevant articles of this chapter establish special rules on administrative liability of persons engaged in entrepreneurial activities without forming a legal entity, which differ from the rules on administrative liability of legal persons.
(Note introduced by Federal Law No. 189-FZ of November 5, 2006)

Artem

now it’s no longer a threat - write right - the statute of limitations has passed under Article 4.5 of the Code of Administrative Offenses

but for failure to notify of dismissal, there is still a fine and this is a separate basis for the fine

Artem

SP according to this article goes as a legal entity

Artem

may arise, but the deadlines have passed

notice of dismissal must be within 3 days after the termination of the contract

at the same time, as far as I remember, it was necessary for the employer to bring his documents to the FMS before - well, show that he is an individual entrepreneur and then register someone else

pay attention - there is no more FMS - now it is the Main Directorate of the Ministry of Internal Affairs for migration

Artem

as always - 50/50

scheduled - once every 3 years ... unscheduled - on the basis of a complaint or order of the prosecutor's office

Artem

theoretically everything is possible - it is impossible to predict here

received
fee 25%

Hello Artem.

Responsibility comes as a legal entity.

4. Violations provided for by paragraphs 1-3 of this article, committed in the federal city of Moscow or St. Petersburg, or in the Moscow or Leningrad Region, -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand to seven thousand roubles; on officials - from thirty-five thousand to seventy thousand rubles; on legal entities - from four hundred thousand to one million rubles or an administrative suspension of activities for a period of fourteen to ninety days.
5. Failure to notify or violation of the established procedure and (or) form of notification by the employer or the customer of works (services) involving highly qualified specialists, the federal executive body exercising federal state control (supervision) in the field of migration, or its authorized territorial body in accordance with the list established by the specified federal executive body, on the fulfillment of obligations to pay wages(remuneration) to highly qualified specialists, if such notification or provision of such information is required in accordance with federal law - shall entail the imposition of an administrative fine on officials in the amount of thirty-five thousand to seventy thousand roubles; for legal entities - from four hundred thousand to one million rubles.
Notes:
1. For the purposes of this article, the engagement of a foreign citizen or stateless person in labor activity in the Russian Federation shall mean admission in any form to the performance of work or the provision of services, or other use of the labor of a foreign citizen or stateless person.
2. In case of illegal engagement of two or more foreign citizens and (or) stateless persons in labor activity in the Russian Federation, the administrative liability established by this article occurs for violation of the rules for attracting foreign citizens and stateless persons to labor activity in the Russian Federation (in including foreign workers) in relation to each foreign citizen or stateless person separately.
Article 18.1. Violation of the regime of the State Border of the Russian Federation
Note. For the administrative offenses provided for by this article and other articles of this chapter, persons engaged in entrepreneurial activities without forming a legal entity, in connection with the implementation of these activities by them, bear administrative responsibility as legal entities, unless special rules are established in the relevant articles of this chapter. on the administrative responsibility of persons engaged in entrepreneurial activities without forming a legal entity, which differ from the rules on the administrative responsibility of legal entities.

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1) Is there a penalty for IP for failure to notify of admission, if the statute of limitations (1 year) has already passed,
Artem

Hello Artem, no, in this case you are not threatened with any fine, since the term for bringing to administrative responsibility has really expired.

Article 24.5. Circumstances excluding proceedings in a case on an administrative offense
1. Proceedings in a case on an administrative offense cannot be started, and the initiated proceedings are subject to termination in the presence of at least one of the following circumstances:
6) expiration of the limitation period for bringing to administrative responsibility;

2) The IP penalty threatens both for individual, or for legal?
Artem

Just like a legal

Chapter 18. ADMINISTRATIVE VIOLATIONS IN THE REGION
PROTECTION OF THE STATE BORDER OF THE RUSSIAN FEDERATION
AND ENSURING STAY STAY FOR FOREIGN CITIZENS OR
STATELESS PERSONS IN THE TERRITORY OF THE RUSSIAN FEDERATION
18.1
Note. For the administrative offenses provided for by this article and other articles of this chapter, persons engaged in entrepreneurial activities without forming a legal entity, in connection with the implementation of these activities by them, bear administrative responsibility as legal entities, unless special rules are established in the relevant articles of this chapter. on the administrative responsibility of persons engaged in entrepreneurial activities without forming a legal entity, which differ from the rules on the administrative responsibility of legal entities.

3) Is it worth it now to notify the FMS about the dismissal of these employees, will they have any questions why there was no notice of admission?
Artem

Not just worth it, but necessary, since failure to notify of dismissal forms an independent composition of an administrative offense

Article 18.15. Illegal employment in the Russian Federation of a foreign citizen or stateless person
3. Failure to notify or violation of the established procedure and (or) form of notification of the territorial body of the federal executive body exercising federal state control (supervision) in the field of migration about the conclusion or termination (cancellation) of the employment contract or a civil law contract for the performance of work (rendering of services) with a foreign citizen within a period not exceeding three business days from the date of conclusion, termination (cancellation) of the contract, if such notification is required in accordance with federal law, - (as amended by Federal Laws No. 162-FZ of 02.07.2013, No. 207-FZ of 23.07.2013, No. 357-FZ of 24.11.2014, No. 222-FZ of 23.06.2016)
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles; on officials - from thirty-five thousand to fifty thousand rubles; on legal entities - from four hundred thousand to eight hundred thousand rubles or an administrative suspension of activities for a period of fourteen to ninety days.
(as amended by Federal Laws No. 116-FZ of 22.06.2007, No. 207-FZ of 23.07.2013)
4. Violations provided for in parts 1-3 of this article, committed in the federal city of Moscow or St. Petersburg, or in the Moscow or Leningrad region - entail the imposition of an administrative fine on citizens in the amount of five thousand to seven thousand rubles; on officials - from thirty-five thousand to seventy thousand rubles; on legal entities - from four hundred thousand to one million rubles or an administrative suspension of activities for a period of fourteen to ninety days.

4) What is the probability of inspections, if an individual entrepreneur has only 2 employees, now both will be fired?
Artem

5) These persons are currently applying for a residence permit, can this check me as an individual entrepreneur?
Artem

Theoretically, checks are possible, since when applying for a residence permit, foreign citizens also submit information about their income for Last year and in this case, it is your IP that will appear in the 2-NDFL certificate

Good afternoon!

Article 2.4. Administrative responsibility of officials
Persons engaged in entrepreneurial activities without forming a legal entity who have committed administrative offenses shall bear administrative responsibility as officials, unless otherwise provided by this Code.

Article 18.15. Illegal employment in the Russian Federation of a foreign citizen or stateless person
3. Failure to notify or violation of the established procedure and (or) form of notification of the territorial body of the federal executive body exercising federal state control (supervision) in the field of migration, on the conclusion or termination (termination) of an employment contract or a civil law contract for the performance of work (provision of services) with a foreign citizen within a period not exceeding three working days from the date of conclusion, termination (cancellation) of the contract, if such notification is required in accordance with federal law - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles; on officials - from thirty-five thousand to fifty thousand rubles; on legal entities - from four hundred thousand to eight hundred thousand rubles or an administrative suspension of activities for a period of fourteen to ninety days.
Notes:
1. For the purposes of this article, the engagement of a foreign citizen or stateless person in labor activity in the Russian Federation shall mean admission in any form to the performance of work or the provision of services, or other use of the labor of a foreign citizen or stateless person.
2. In case of illegal engagement of two or more foreign citizens and (or) stateless persons in labor activity in the Russian Federation, the administrative liability established by this article occurs for violation of the rules for attracting foreign citizens and stateless persons to labor activity in the Russian Federation (in including foreign workers) in relation to each foreign citizen or stateless person separately.

Federal Law No. 115-FZ of July 25, 2002
On the legal status of foreign citizens in the Russian Federation"

Article 13. Labor activity of foreign citizens in the Russian Federation

8. An employer or customer of works (services) that attracts and uses a foreign citizen to carry out labor activities is obliged to notify the territorial body of the federal executive body in the field of migration in the subject of the Russian Federation, on the territory of which this foreign citizen carries out labor activities, of the conclusion and termination of (termination) with this foreign citizen of an employment contract or a civil law contract for the performance of work (rendering of services) within a period not exceeding three working days from the date of conclusion or termination (termination) of the relevant contract.

Resolution of the Sixteenth Arbitration Court of Appeal dated 07.10.2015 N 16AP-3212/2015 in case N A61-894/2015
According to the court, in the case under consideration, the violation of these rules, expressed in the failure to notify the territorial body of the federal executive body authorized to exercise the functions of control and supervision in the field of migration, about attracting a foreign citizen or stateless person to work in the Russian Federation (Part 1 of Art. 3 article 18.15 of the Code of Administrative Offenses of the Russian Federation), those. non-compliance by the company with the normative legal act obligation by the time period established therein, was completed from the moment of the expiration of the period for fulfilling such obligation and, by its nature, could not be classified as continuing offenses. The statute of limitations for bringing to administrative responsibility should be calculated from the moment an administrative offense was committed - the expiration of the relevant period, and not from the moment it was discovered or the established obligation was fulfilled in violation of the deadline. 0