About the decree of 1744
On December 29, 2018, Russian Government Resolution No. 1744 was signed. The text of the document spoke about increasing the period of temporary stay of LPR citizens within the Russian border.
The innovation in legislation did not affect all residents of the unrecognized republic. First of all, this concerns the population of those regions of the LPR that are not under the jurisdiction of Ukraine.
The resolution has already entered into force.
History of the draft law
Extension of the period of stay in Russia has been discussed since 2015, when the situation in eastern Ukraine sharply worsened. Numerous refugees who continued to arrive in Russia in a chaotic manner were allowed to request an extension of the period on the basis of an application submitted to the Main Directorate of the Ministry of Internal Affairs.
This was not done out of humanism, but in order to streamline the situation. Otherwise, the Russian authorities would have to face the problem of illegal immigrants, which causes serious harm to the domestic economy.
Nobody canceled the 90/180 rule - the Russian authorities simply turned a blind eye to the violation of the regime by Ukrainians who submitted an application to the Main Directorate of Internal Affairs.
For several years, the rule, which has become relevant today, applied to some citizens of the LPR even without a new law. Some foreigners have had their stay in Russia extended more than once. This was an excellent solution to the problem of being in the country without leaving.
But every time residents of the Luhansk People’s Republic came to the Main Department of Internal Affairs of the Ministry of Internal Affairs, employees of this body said that a further increase in the period of temporary stay was impossible.
This is largely due to the fact that now the situation in eastern Ukraine has stabilized and there is no need for emergency measures. As a result, foreigners arriving from the LPR began to have problems with legalization.
Reaction in society to the decree
The public reaction was mixed. At first, a rumor spread that the period of stay in Russia had been increased for absolutely all Ukrainians. Then there was a new wave of misinformation - it was said that only residents of the LDPR would be extended, regardless of their region of residence.
Against this background, difficult situations arose more than once, and people who did not want to delve into the bill had to pay heavy fines.
The main pitfall is not only that the presidential decree is relevant for residents of the LPR who live in regions not subordinate to Ukraine. The catch is that relief for citizens of an unrecognized republic is based on internal regulations.
Many units of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs continue to operate according to the old scheme, and punish violators quite severely. Their actions are considered lawful.
How to hire citizens of the DPR and LPR
By Decree of the President of the Russian Federation dated February 18, 2017. No. 74 [1] documents issued by the relevant authorities operating in these territories are recognized as identification documents for citizens of Ukraine living in certain areas of the Donetsk and Lugansk regions [2]. We are talking about the so-called passports of citizens of the DPR and LPR.
It directly follows from this that citizens of Ukraine living on the territory of the self-proclaimed republics, documented by the specified passports, have the right to present such documents when applying for employment, in accordance with the provisions of Article 65 of the Labor Code of the Russian Federation.
An image of a passport of a citizen of the LPR is contained on the official website of the Ministry of Internal Affairs of the Lugansk People's Republic, along with the “Regulations on the passport document certifying the identity of an individual residing on the territory of the Lugansk People’s Republic” , approved. Council of Ministers of the LPR dated March 26, 2015 No. 02-04/78/15.
The description of the passport of a citizen of the DPR is given in Section V of the Temporary Regulations on the Passport of a Citizen of the Donetsk People's Republic, approved. Resolution of the Council of Ministers of the DPR dated February 12, 2016. No. 1-13.
Technically, it is enough for the employer to compare the details of such a passport with the details of the passport indicated in the migration card of a foreign citizen in order to accept a previously unfamiliar document for work.
In addition, the Decree established a visa-free procedure for entry into Russia for those who have registration at their place of residence on the territory of the self-proclaimed republics, which allows them to apply for patents in order to carry out labor activities in Russia in accordance with Article 13.3 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation.”
At the same time, it is necessary to take into account that the Decree is applied temporarily - until a political settlement of the situation in the region. Consequently, in the event of the end of the armed conflict in Ukraine, this measure may be canceled, the passports of citizens of the self-proclaimed republics will cease to be documents identifying their owners, and they themselves may end up in Russia with an unsettled legal status, which may be fraught with consequences for the employer.
When applying for employment, it remains optimal to request passports of Ukrainian citizens from this category of applicants.
[1] The text can be found on the official Internet portal of legal information
[2] the borders are determined on the basis of the Minsk agreements (based on the actual line of contact of the parties at the time of signing the agreements)
Duration of stay after legalization in the Russian Federation
The length of stay within Russian borders depends on the status of the foreigner. The fact of having a residence permit and a issued patent is of great importance.
According to RVP
Based on the decision of the Ministry of Internal Affairs of the Russian Federation, a foreigner who has a temporary residence permit can stay in Russia for up to 36 months (3 years).
By residence permit
The received residence permit has no validity period. There are some exceptions: a residence permit for a highly qualified specialist is issued for the duration of the contract. The same rule applies to his family.
Can LPR citizens quickly obtain Russian citizenship?
If a citizen of the LPR worked in Russia by profession for more than six months, and during this time did not travel abroad, he has the right to obtain Russian citizenship in a simplified manner.
In July 2021, a new presidential decree was issued. According to it, citizens of those regions of the LPR that are officially areas controlled by Kyiv can also obtain citizenship in a simplified manner.
V. Putin called this approach purely “humanitarian.” Now citizens of the self-proclaimed republic will be able to obtain Russian citizenship in just 3 months.
People wishing to change citizenship will have to contact their department of the Ministry of Internal Affairs with an application.
A number of documents must be attached to the application:
- an identity card that was issued on the territory of the LPR (there must be a mark that confirms the fact that the applicant lived in the territory of the region);
- passport;
- migration card.
Applications will be accepted through authorized persons of the LPR. All applications are considered in the Rostov region.
According to representatives of V. Zelensky’s administration, this approach is another “hostile act on the part of a country that is participating in military operations on the territory of Ukraine.”
Ukrainian officials also believe that with this move Russia proved that it wants to control the neighboring state. In their opinion, this contradicts the Minsk agreements.
The innovation was received ambiguously abroad. The administration of A. Merkel reacted most sharply.
The official statement states that the areas on the other side of the “contact line” in Donbass are state territory of Ukraine.
The simplified provision of Russian citizenship to Ukrainian citizens living there contradicts the spirit and goals of the agreements reached in Minsk.
Almost simultaneously with the release of V. Putin’s new decree, a government decree was issued, which states the cessation of deliveries of petroleum products to the territory of Ukraine.
According to independent experts, such a step by the Russian authorities certainly cannot be called a “humanitarian act.” This is rather one of the levers of pressure on the newly elected president of Ukraine.
All levers of pressure on the previous head of state were exhausted, resulting in a status quo.
Currently, about 3,000,000 people live in the territories not controlled by Kyiv. According to Ukrainian experts, the simplified procedure for Russian citizenship is “annexation of people.” In their opinion, this is precisely the policy that Russia pursued earlier – in Transnistria, Abkhazia and South Ossetia.
Ukraine has already addressed the UN Security Council on this matter and called on citizens who live on the territory of the LPR not to apply for Russian passports.
The further situation will depend on what kind of decision will be made in the Security Council.
On February 18, Russian President Vladimir Putin signed a Decree on the recognition of LPR and DPR passports on the territory of the Russian Federation. What does this Decree give for the residents of the young republics and why did the Kremlin take this step?
5 questions about what Vladimir Putin’s Decree on the recognition of documents issued on the territory of the Donetsk and Lugansk People’s Republics means.
1. Why did the Kremlin take such a step?
— The Decree of the President of Russia on the recognition of documents of the DPR and LPR exhaustively states why this was done: “In order to protect the rights and freedoms of man and citizen, guided by the generally recognized principles and norms of international humanitarian law...”
During those 3 years, while Ukraine has been waging a civil war with the independent Donbass and keeping its residents practically under blockade, millions of people in these territories could not really change their last name, nor register a marriage, divorce, or the birth of a child. Local registry offices issued documents about this, but they were simply not recognized by anyone anywhere except in the DPR and LPR themselves. Those who had reached the age of majority did not understand what kind of passport they should get, and those who graduated from school or university did not understand what to do with a certificate that was not recognized anywhere. You can’t go to Ukraine to get a Ukrainian passport and certificate; you might not even come back.
Well, you can’t hang so many people between heaven and earth, denying them such a basic civil right.
2. What documents are recognized?
— Firstly, these are passports issued by the DPR and LPR, and other identity documents, birth certificates, marriage or divorce certificates, name change, death certificates.
— Secondly, certificates of education and professional qualifications.
— Thirdly, vehicle registration certificates, vehicle registration plates.
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3. Are there many people with such documents?
— It is known that more than 40 thousand DPR passports have already been issued in Donetsk alone. By the way, in appearance they are similar to the Russian ones - the cover is also red, but darker. And the double-headed eagle on it is not with the coat of arms of St. George the Victorious, but of Archangel Michael. But the LPR passport looks more like a Soviet one. Because on the dark red cover there is a coat of arms made of ears of grain wrapped in a ribbon. Only in the center of the coat of arms is not the Earth (as was on the coat of arms of the USSR), but a five-pointed star.
Surely there will now be many more holders of DPR and LPR passports. After all, from 2 to 3 million people live in the territories of these republics today (it is impossible to say more precisely due to the large number of refugees who either return to Donbass or leave again with each escalation of shelling from Ukraine). It is one thing to have a passport valid only in the Donbass, and quite another when it is recognized on 1/6 of the planet - from Donetsk - to the Pacific Ocean itself.
By the way, last year the Russian actor Ivan Okhlobystin solemnly received a DPR passport, and the famous American boxer Jeff Monson received a LPR passport.
4. What does this give to the residents of the LDPR?
The most important thing is that they will be able to move freely with their passports in Russia. Check into hotels, buy plane and train tickets, get a job with them.
A very important line of the Decree - with documents from the DPR and LPR it will be possible to cross the border with Russia without any visas!
The same thing applies to car license plates. Cars registered in Donbass are also allowed to be driven in Russia.
Well, with Donetsk and Lugansk certificates you will be able to enter Russian universities or present them to your employer as a certificate of education.
5. Does this change the status of the republics themselves?
— Formally, nothing changes. This is not yet recognition of the DPR and LPR. The Decree does not even mention the names of these republics. They are designated as “territories of certain regions of the Donetsk and Lugansk regions of Ukraine.” That is, it is impossible to put forward any political and legal claims from international structures against Russia in this regard. You won't dig it.
But at the civil and everyday level, this is a huge shift. This is moral support and recognition for the people of Donbass, who are tired of living as if they officially do not exist.
Moreover, the Decree was issued in the midst of another blockade, this time a trade blockade imposed on Donbass by Ukraine. And at the moment when Kyiv finally made it clear that it was not going to implement the Minsk agreements, unleashing a new round of war.
The recognition of the documents of the Donbass republics can also be called a soft coercion of Kyiv to peace - Ukraine was made to understand that if it continues to treat its citizens in the south-east of the country like a pig, then they have somewhere to go. And this is a clear hint to the West - if you don’t seriously, in fact, begin to demand from Kyiv reconciliation with Donbass, the next step could be recognition of the DPR and LPR themselves.
By the way, the Decree of the President of Russia says “comes into force from the date of its signing.” That is, right away.
Ivan Grachev
Earlier, RIA “Vestnik Khartsyzska” already wrote that Vladimir Putin signed a Decree on the recognition in Russia of passports and documents issued to citizens of Ukraine and stateless persons in certain areas in the Donetsk and Lugansk regions.
Category: Legal educational program
Other materials in the section:
Law on the State Border of the DPR
How to make a real estate transaction in Khartsyzsk
From 2021, notarial transactions completed in Ukraine are invalid in the DPR
Recognition of LDPR passports
