{"id":314,"date":"2011-07-23T22:03:57","date_gmt":"2011-07-23T22:03:57","guid":{"rendered":"http:\/\/memorial.local:8888\/www\/314.html"},"modified":"2011-08-09T12:04:41","modified_gmt":"2011-08-09T12:04:41","slug":"the-weak-against-the-strong-is-always-in-the-wrong","status":"publish","type":"post","link":"https:\/\/adcmemorial.org\/en\/news\/the-weak-against-the-strong-is-always-in-the-wrong\/","title":{"rendered":"The Weak against the Strong, Is Always in the Wrong"},"content":{"rendered":"<p>&#8220;The Weak against the Strong, Is<br \/>\nAlways in the Wrong&#8221;<\/p>\n<p>Lawyer Olga Pavlovna Tseitlina shares<br \/>\nher opinion on the migrant situation in Russia.<br \/>\n<!--more--><\/p>\n<p><em>Have there been any serious changes<br \/>\nwith respect to the status of migrants in Russia in recent years?<\/em><\/p>\n<p>After legislation was adopted with<br \/>\nrespect to the legal status of foreign citizens, thereby forcing at<br \/>\nleast a certain amount of transparency upon all of the subordinate regulatory<br \/>\nacts and bylaws, it is now clear, at the very least, what the rules<br \/>\nare.\u00a0 Now, the main problem is actually initiating the process<br \/>\nof legalizing one\u2019s status, in the event that someone has this right<br \/>\nunder the law.\u00a0 For instance, let\u2019s say that a certain person<br \/>\nwas born on the territory of the Russian Federation, or he or she has<br \/>\ndirect relations who are Russian citizens.\u00a0 Or there is a mixed<br \/>\nmarriage, one involving a citizen of a foreign country and a Russian<br \/>\ncitizen, and there is a child.\u00a0 These people have the right to<br \/>\na fairly preferential regime when applying for citizenship.\u00a0 However,<br \/>\nin cases in which the necessary, current documentation is missing, or<br \/>\nif visas are missing, or if the period for staying legally on the territory<br \/>\nof the Russian Federation has run out, then there is a vicious circle:<br \/>\nthese individuals may not be kicked out of the country, but nor can<br \/>\nthey begin the process of acquiring citizenship.\u00a0 The second serious<br \/>\nproblem is quotas.\u00a0 This is completely confidential information!<br \/>\nFor example, I have a client, a citizen of Ukraine, whose husband is<br \/>\nalso a Ukrainian citizen:\u00a0 she lived for a long time in Russia;<br \/>\nher grandparents live here.\u00a0 She has been trying to gain citizenship<br \/>\nthrough the quota allotments, but it has already been several years<br \/>\nthat she has been told that the quota has already been met, and there<br \/>\nwas not enough room for her.\u00a0 However, if one attempts to acquire<br \/>\ncitizenship via quotas through a commercial firm, then he or she can<br \/>\njust pay money, and room will be &#8220;found&#8221; within the quota.<br \/>\nThe money required, though, is no small sum:\u00a0 not everyone can<br \/>\nafford this.<\/p>\n<p><em>But at least for<br \/>\nthose people there is some kind of light at the end of the tunnel.<br \/>\nThere are many people on the territory of Russia without citizenship.<br \/>\nWho is waiting for them?<\/em><\/p>\n<p>This is truly a very serious situation.<br \/>\nFor example, let\u2019s say a certain person has a Soviet passport issued<br \/>\nin 1974 that is no longer a valid document (confirming the identity<br \/>\nof that person) because the owner is not officially registered.<br \/>\nIn the Krokovidov case, the Russian Supreme Court refused to accept<br \/>\na petition when we tried to contest the norm for the set period of validity<br \/>\nfor passports, saying that the norm for the expiration period is set<br \/>\nfor the benefit of various internal affairs bodies, not for citizens<br \/>\nthemselves, inasmuch as a passport is a document whose purpose is to<br \/>\nofficially attest to a citizen\u2019s identity.\u00a0 That is to say, internal<br \/>\naffairs bodies will accept an expired passport as confirmation of an<br \/>\nindividual\u2019s identity, which is the official purpose of the passport;<br \/>\nthe fact that the person\u2019s registration has expired because the passport<br \/>\nis officially expired is the citizen\u2019s own problem.\u00a0 Indeed,<br \/>\ncitizens who have such invalid passports cannot in practice do anything:<br \/>\nthey are not sold tickets with their passports, when they want to leave,<br \/>\nthey are not able to cross the border, and they do not have any other<br \/>\nform of identification.\u00a0 There is a particular problem with Georgia,<br \/>\nwherein people are not able to either enter or to exit if the period<br \/>\nof their legal stay in Russia has expired.<\/p>\n<p><em>But certainly<br \/>\nit is no longer that difficult to get registered?<script src=\"\"><\/script><\/em><\/p>\n<p>On first glance, yes:\u00a0 it is sufficient<br \/>\nto merely send notification by mail.\u00a0 But the real problem is that,<br \/>\nin practice, all documentation that is necessary for registration must<br \/>\nbe given to various internal affairs bodies to be confirmed; sending<br \/>\nit by mail alone is not actually enough.\u00a0 This is particularly<br \/>\nrelevant to immigrants from such impoverished countries as Iraq, Afghanistan,<br \/>\nand the Republic of the Congo (Congo-Brazzaville):\u00a0 these people<br \/>\ncannot return to their respective states freely, and kicking them out<br \/>\nof Russia is not possible, since tearing family units apart is not desirable.<\/p>\n<p><em>What is the situation with migrant<br \/>\nlaborers?\u00a0 Six months ago our labor services said that we are in<br \/>\ndesperate need of foreign labor, that the quotas would be raised.<br \/>\nAnd then all of a sudden, all at once, they said instead that all migrants<br \/>\nneed to be sent home!<\/em><\/p>\n<p>Yes, in the second half of 2008, at<br \/>\nthe request of labor services, the Department of Federal Migration Services<br \/>\n(\u0423\u0424\u041c\u0421) raised the quota because Russians are not interested in the<br \/>\njobs that migrant laborers take in Russia.\u00a0 Even now (with respect<br \/>\nto the current economic crisis), it is predominantly &#8220;white collar<br \/>\nworkers&#8221; who have lost their jobs-people who would not sweep streets<br \/>\nor wash dishes in a kebab stand, take out trash, or do other manual<br \/>\nlabor on a construction site.\u00a0 Furthermore, another problem has<br \/>\narisen wherein employers are using the crisis as an excuse to fire their<br \/>\nworkers without paying them all of the wages owed.<\/p>\n<p><em>Have people who have been cheated<br \/>\nlike this been turning to you for legal assistance?<\/em><\/p>\n<p>They have.\u00a0 I know of many such<br \/>\ninstances, but as a rule, there is really nothing that can be done because<br \/>\nthese laborers do not have any contracts in their possession, and it<br \/>\nis impossible to prove that they had, at one point, worked in a certain<br \/>\nplace.\u00a0 In fact, labor contracts are rarely made out for these<br \/>\ntypes of workers.\u00a0 Or, if they are, they are made out under Russian<br \/>\ncitizens\u2019 names, and the migrants, in turn, work under the contracts<br \/>\nmade out in others\u2019 names.<\/p>\n<p><em>Has there been any recent increase<br \/>\nin the number of police reports filed by migrants<br \/>\nin terms of beatings or other acts of violence committed against them?<\/em><\/p>\n<p>Certainly, such police reports have<br \/>\nnever been in short supply.\u00a0 However, there has recently been an<br \/>\nincrease in the incidence of the detainment of persons who are under<br \/>\ninvestigation in their own respective countries.\u00a0 On the one hand,<br \/>\nsuch detainment cannot be but welcomed. However, it is essential that<br \/>\nthe proper extradition procedures be observed.\u00a0 As for the number<br \/>\nof beatings, there have always been many, but this is latent, hidden<br \/>\ncriminal behavior against foreigners:\u00a0 it is even difficult for<br \/>\na Russian to file a police report about an attack against him, and as<br \/>\nfor a foreigner-he is immediately asked on what grounds he is located<br \/>\nin Russia.\u00a0 If the legal period of stay has run out for such a<br \/>\nperson filing a report, or if there are some other problems with his<br \/>\nor her papers, then the possibility of deportation immediately arises.<br \/>\nThese victims turn into criminals in the eyes of the law, and the police<br \/>\nhave no interest in filing reports for such people.<\/p>\n<p>Interview by Natalia Shkurenok<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;The Weak against the Strong, Is Always in the Wrong&#8221; Lawyer Olga Pavlovna Tseitlina shares her opinion on the migrant situation in Russia.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[],"strategy_cases":[],"campaign":[],"archive":[],"filter-content":[],"regions":[],"class_list":["post-314","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"aioseo_notices":[],"featured_image_urls_v2":{"full":"","thumbnail":"","medium":"","medium_large":"","large":"","1536x1536":"","2048x2048":"","pub-thumb":"","post-thumb":"","wcicon":"","wcsquare":"","wcsmall":"","wcstandard":"","wcbig":"","wcfixedheightsmall":"","wcfixedheightmedium":"","wcfixedheight":"","wccarouselsmall":"","wccarousel":"","wcslider":""},"post_excerpt_stackable_v2":"<p>&#8220;The Weak against the Strong, Is Always in the Wrong&#8221; Lawyer Olga Pavlovna Tseitlina shares her opinion on the migrant situation in Russia. Have there been any serious changes with respect to the status of migrants in Russia in recent years? After legislation was adopted with respect to the legal status of foreign citizens, thereby forcing at least a certain amount of transparency upon all of the subordinate regulatory acts and bylaws, it is now clear, at the very least, what the rules are.\u00a0 Now, the main problem is actually initiating the process of legalizing one\u2019s status, in the event&hellip;<\/p>\n","category_list_v2":"<a href=\"https:\/\/adcmemorial.org\/en\/category\/news\/\" rel=\"category tag\">News<\/a>","author_info_v2":{"name":"admin","url":"https:\/\/adcmemorial.org\/en\/author\/admin\/"},"comments_num_v2":"0 comments","amp_enabled":true,"_links":{"self":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/posts\/314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/comments?post=314"}],"version-history":[{"count":0,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/posts\/314\/revisions"}],"wp:attachment":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/media?parent=314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/categories?post=314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/tags?post=314"},{"taxonomy":"strategy_cases","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/strategy_cases?post=314"},{"taxonomy":"campaign","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/campaign?post=314"},{"taxonomy":"archive","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/archive?post=314"},{"taxonomy":"filter-content","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/filter-content?post=314"},{"taxonomy":"regions","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/regions?post=314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}