Regeln des Aufenthalts in Russland wird für HIV-positive Ausländer überarbeitet werden

According to the REGNUM news agency, a bill specifying the grounds and procedures of making decisions on staying on the territory of Russia of HIV-positive foreign citizens has been introduced in the State Duma.

In accordance with the existing rules, in case the stay of a HIV-positive foreigner in Russia creates the risk of the disease proliferation or threatens the population health, he/she can be deported from the country. In this case, a temporary residence permit is annulled without issuing a new one.

However, the resolution of the Constitutional Court of the Russian Federation dated May 12, 2015 recognizes these measures as unconstitutional. The resolution stipulates that federal legislation may impose additional requirements in relation to HIV-positive foreigners residing on the territory of Russia. These measures may be aimed at combating the disease proliferation. At the same time, they should be proportionate and adequate to the set object. Herewith, there is a need to precise and clarify the procedure for the decision making concerning such foreign nationals.

The bill implies in particular the abolition of existing restrictions for infected foreigners who do not violate the legislation of Russia and have Russian relatives. So, the decision on the undesirable presence on the territory of Russia cannot be applied to these foreign citizens. In this case, relatives are children (including adopted children), parents (including adoptive), husband or wife.