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The minor daughter of Garry Kasparov and her mother were refused to exit Russia

Question:

I’ve read this article at http://www.fontanka.ru/2007/12/12/086/. I’m shocked! I wouldn’t imagine that it were possible in a democratic country. Can you comment it?

“The minor daughter of Garry Kasparov and her mother were refused to exit Russia due to reason of visa unavailability. The correspondent of Journalistic Investigations Agency (JIA) was informed about it at PR department of the RF FSB Frontier Administration in Leningrad region. Recall that Darya Tarasova, a spouse of Garry Kasparov, one of leaders of the Other Russia coalition, and their little daughter could not flight to Helsinki from the international airport of Pulkovo-2 in Saint Petersburg. As JIA correspondent was told in the Other Russia press service officers of Frontier Service had retained them under pretence of documents verification for “questions clearing up”. The plane took off without Kasparov’s wife and daughter. As JIA correspondent was informed in the RF FSB Frontier Administration in Leningrad region in compliance with the Law about entrance and exit of foreign citizens foreigners can exit Russia with identification document (passport) or Russian visa issued by a competent authority. The minor daughter of Garry Kasparov being a citizen of the USA arrived to the territory of Russia on the basis of writing in to the regular Russian traveling passport of her mother (at the same time the girl has the passport of her own – the passport of the USA citizen). During period of Darya Tarasova staying at her native country her passport had expired and she received a new one without writing her daughter in to the new passport. That is why the girl had to exit Russia on the basis of exit visa, which she hadn’t had. Garry Kasparov’s spouse was offered to execute the document”.

Answer:

The answer to this question is out of politics; it completely lies in the law field. Entry and exit procedure to/from the Russian Federation is established by the RF laws and it is common for everybody.

Unfortunately, the girl did not have any document permitting exit from the RF as established by the law and that situation gave occasion for temporary prohibition of exit from the country. Exit from the RF is regulated by the RF Constitution, international treaties of the RF, Law No. 114-FZ dated August 15, 1996 “About Exit and Entry Procedure from/to the RF” (with amendments as of January 10, 2007), Article 11 of the RF Law No. 4730-1 dated April 1, 1993 “About the RF State Boundary” (with amendments as of June 26, 2007), other federal laws and also Resolutions of the RF Government accepted on the base of such federal laws.

There is no privileged procedure for children. That is why if the girl tried to exit the RF as the Russian citizen, then in compliance with Article 6, Part 1, of the RF Law “About Exit and Entry Procedure from/to the RF” Russian citizens exit from the RF with valid identification documents confirming their Russian citizenship. That is to say that in this case her identity should be proved by her own passport of the Russian citizen or respective writing in the passport of the parent with whom a child travels. Availability of the USA passport does not have any legal effect in this case (it will be required only during entry to the USA), as there are different exit procedures for foreign citizens and the RF citizens.

In compliance with Article 6, Part 2, 24 of the same Law, Article 11 of the RF Law “About the RF State Boundary” foreign citizens can exit the RF with availability of visa issued against valid documents identifying their personality and citizenship; they are obliged to present these documents at exit from the RF unless otherwise specified by international treaties of the RF. There is not international treaty between Russia and the USA.

Foreign citizens who obtained residence permit in the RF can exit the RF on the base of valid documents identifying their personality and residence permit. The girl did not have a residence permit also.

Summing up the above facts we can certainly speak about legality of acts of the Russian Frontier Service officers. Nevertheless, I cannot agree with recommendation given to the mother about necessity to have visa issued. NO. In this case exit visa will not be issued. The child as the RF citizen shall have a document of the RF citizen and/or shall be written in into passports of the parents who are the RF citizens. At present this the issue to be concerned about.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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