Today, the representatives of "Nature and Youth" made complaints against members of the FMS of Russia in the Murmansk region to the General Procuracy of the Russian Federation, to the Prosecution Service of the Murmansk region, the Federal Migration Service for Moscow and Murmansk region, and also to the Ombudsman for Human Rights in the Murmansk region.The Regional Youth Council for Human Rights of the Murmansk region lended a legal support in lodging a complaint.
Let us recall: December 1, around 19 p.m., during the German experts seminar on IT-security, the members of the FMS of Russia in the Murmansk region appeared in the office of “Nature and Youth”; they were: senior inspector K. A. Dubov, inspector S. A. Shchukin, citizen Rafikova Nadezhda and also unidentified person, refused to present himself and submit an official identification.
Without any explanations, the staff began to take photos. Only after requests for their identification documents they have shown it and explained that the purpose of their visit is an "unscheduled non-documentary on-site inspection"; after that they asked foreign citizens to show their identity cards and to clarify the purpose of their stay in Russia. However, the FMS staff refused to show permission to check German citizens, to explain the reasons and purpose of the inspection and to provide the information on violations of the law. In virtue of the absence of a document for inspection the organization "Nature and Youth" didn’t allow to interrogate the foreigners. Without obtaining a consensus, the FMS staff left the office, promised to bring the police and to court troubles for the organization.
“Thus, the FMS employees of the Murmansk region exceeded their authority and violated the laws governing the conduct of inspections. Their actions interrupted and blocked the work of the organization for an hour through the abuse of the right, thereby encroached on the latitude of public associations, guaranteed by Part 1 of Article 30 of the Constitution and Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms,” said a member of the Regional Youth Council for Human Rights of the Murmansk region Alexander Peredruk.
In their applications, activists argue that the FMS staff violated Paragraph 38 of the Administrative Regulations of the Federal Migration Service and its territorial bodies and the bodies of internal affairs of the Russian Federation government functions under the control and supervision over the observance of citizens of the Russian Federation and officials with the rules of registration and removal of Russian citizens from registration at the place of residence and place of residence within the Russian Federation, Article 21 and Part 2, number 294 –FL "on protection of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control". And they also failed to comply with the principles of auditing, which are formed on the basis of the legal position of the Constitutional Court in its judgment of 15.01.1998 № 2-P judgment of 18.02.2000 № 3 -P Definition from 02.04.2009 № 484 -O -P and international standards of human rights and fundamental freedoms that protect the interests of non-profit (non-governmental) organizations.
Activists believe that the guests from Germany didn’t violate the visa, and everything is right with their documents. They framed visa for youth communication, rather than on tourism; there is a contract to carry out educational activities, invitation and registration of the non-profit organization in the apartment.
“In my opinion, such actions of the Federal Migration Service, blocking the activity of the organization in a barbarian way, are not acceptable. If the prosecution deems their actions to be legitimate, it turns out that having all the necessary permits to hold the event, it still can’t be properly hold as it might be interrupted by the FMS and their inspection at any moment,” the chairman of the organization "Nature and youth" Nailya Ibragimova said.
