FSB explains the rules of departure of minor children abroad

The procedure for leaving the Russian Federation for minor citizens of Russia is regulated by the provisions of Article 20 of the Federal Law of August 15, 1996 No. 114-FZ "On the procedure for leaving the Russian Federation and entering the Russian Federation."

 

A minor citizen of the Russian Federation leaves Russia together with at least one of the parents, adoptive parents, guardians, trustees.

 

In case of departure from the Russian Federation of a minor citizen of Russia with one of the parents, consent to the departure of the child abroad of the second parent is not required.

 

If a minor citizen of Russia leaves the Russian Federation unaccompanied by parents, adoptive parents, guardians, trustees, he must have, in addition to a passport, a notarized consent from one of the named persons (original) to leave with an indication of the departure period and the state (states) he intends to visit. The consent of the second parent is not required.

 

The period of validity of the notarial consent in accordance with Article 190 of the first part of the Civil Code of the Russian Federation determines the calendar date or expiration of the period, which is calculated in years, months, weeks, days, hours. The term is determined by an indication of the event that is to occur - the age of majority, the end of the passport, visa, etc.

 

Notarized consent to leave Russia may be entered once before the child reaches the age of majority, provided that he visits the same countries.

 

In the consent, you need to list the names of the countries that the child will visit. The names of communities “EU countries”, “CIS countries” are not allowed.

 

The consent of the parents, issued by a notary of a foreign state, must contain a translation into Russian and certified by a consular foreign office of the Ministry of Foreign Affairs of the Russian Federation or by apostille provided for by the Hague Convention abolishing the requirement of legalization of foreign official documents of October 5, 1961.

 

Notarized consent is not required for entry into Russia of a minor Russian citizen, since in accordance with the provisions of Article 2 of the Federal Law of August 15, 1996. No. 114-FZ "On the procedure for leaving the Russian Federation and entering the Russian Federation" a citizen of the Russian Federation may not lose the right to enter Russia.

 

In accordance with the requirements of the Decree of the Government of the Russian Federation of January 19, 2010 No. 13 "On the procedure for using forms of passport of a citizen of the Russian Federation, diplomatic passport of a citizen of the Russian Federation and service passport of a citizen of the Russian Federation, certifying the identity of a citizen of Russia outside the territory of the Russian Federation, containing electronic media", which entered into force on March 1, 2010, the entry of information about children into a passport (biometric), certifying the identity of a parent does not entitle a child to leave the territory of Russia without a document certifying the identity of a citizen of the Russian Federation outside the Russian Federation.

 

Departure from the Russian Federation of underage children, information about which is entered in the passports of accompanying parents of the old sample (not biometric, issued in accordance with the Decree of the Government of the Russian Federation of March 14, 1997 No. 298), passes on the terms of validity of these documents, without the need for the child to issue a separate passport certifying the identity of a citizen of the Russian Federation outside the territory of the Russian Federation.

 

In accordance with the requirements of Article 21 of the Federal Law of August 15, 1996 No. 114-FZ “On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation”, if one of the parents, adoptive parents, guardians, trustees declares disagreement on the departure from Russia of a minor citizen of the Russian Federation, the issue of the possibility of his departure from the Russian Federation shall be resolved in court.

 

The rules for submitting an application for non-consent to the departure from the Russian Federation of a minor citizen of Russia (hereinafter - the Rules) were approved by the Decree of the Government of the Russian Federation of May 12, 2003. 273.

 

The Border Service of the FSB of Russia has information about minor citizens who are temporarily restricted from leaving the Russian Federation, coming from the FMS of the Russian Federation.

They will not be allowed across the state border.

 

The FSB of Russia asks parents sending minor children abroad, in order to avoid conflict situations at checkpoints, independently make sure that the child does not have a temporary restriction on leaving the Russian Federation.

 

You can clarify the information from the second parent and the FMS of Russia.

 

The border service of the FSB of Russia is working with transport companies and tourist organizations to inform persons intending to travel abroad about the procedure for leaving the Russian Federation and documents for the right to cross the state border of Russia.

 

“But, despite this, conflict situations continue to arise at the checkpoints related to the refusal to leave minors from the Russian Federation, which are most often provoked by the parents themselves who are not convinced of the presence or correctness of the registration of documents of minor children for the right to leave the Russian Federation.

 

The border service of the FSB of Russia instructed the border guards to assist minors who were not allowed to cross the state border: to send them accompanied by their representatives on the return route; to inform parents about the situation with children; to provide places for waiting until one of the parents or legal representatives arrives for a minor citizen.

 

For departure from the Russian Federation to the Republic of Kazakhstan, the Republic of Belarus, the Kyrgyz Republic, the Republic of Abkhazia, the Republic of South Ossetia and Ukraine for children under 14 years old, a birth certificate indicating belonging to Russian citizenship (input or mark) is provided as a document for the right to cross the state border.

 

Since March 1, 2015, the Government of Ukraine has suspended paragraphs 1 and 5 of the list of documents of citizens of the Russian Federation, defined by the Agreement between the Government of the Russian Federation and the Government of Ukraine on visa-free travel of citizens of the Russian Federation and Ukraine, concluded on January 16, 1997, in terms of the possibility to leave, transit, stay and mix on the territory of Ukraine on the basis of a passport of a citizen of the Russian Federation or a birth certificate (for children under 14 years old) indicating their belonging to Russian citizenship.

 

“Instructions were sent to the border authorities on the implementation of the pass of citizens of the Russian Federation traveling to Ukraine on these documents in the same manner and informing them about the possible refusal of the border authorities of Ukraine to pass through the Ukrainian border. This information was placed on information stands at checkpoints, and work was carried out with representatives of transport companies - carriers that have transport links with Ukraine, on the need to inform citizens of the Russian Federation about the change by the Ukrainian side of the procedure for allowing Russian citizens to Ukraine, the FSB said.

 

In accordance with the Decree of the President of the Russian Federation of November 14, 2002 N 1325 "On Approval of the Regulations on the Procedure for Consideration of Issues of Citizenship of the Russian Federation" belonging to Russian citizenship is confirmed:

 

1. Birth certificate with the information provided:

the citizenship of the Russian Federation of the parents or the only parent of the child (regardless of the place of birth of the child);

the citizenship of one parent of a child and if the second parent is a stateless person or is recognized as missing, or his location is unknown (regardless of the place of birth of the child);

citizenship of the Russian Federation of one parent and citizenship of a foreign state of the other parent (if the child was born on the territory of the Russian Federation)

- about adoptive parents (adoptive parents) who are (consisting) in the citizenship of the Russian Federation, by a court decision specified in the birth certificate as the parents (parent) of the child.

 

2 Birth certificate with a mark confirming the presence of citizenship of the Russian Federation.

If the birth certificate is issued by the competent authority of a foreign state, the mark shall be affixed on the document containing the translation into Russian of the birth certificate. This document must be certified by affixing an apostille on it.

 

3. Birth certificate with an insert confirming the citizenship of the Russian Federation (issued in accordance with the previously determined procedure).

 

According to information: atorus