What is a ban on traveling abroad?
A ban on traveling abroad is a restriction on the right to leave the country for a certain period of time. Federal Law No. 114-FZ of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation” provides the following grounds for introducing this sanction:
- being in the state and other services with access to state secrets in cases provided for by law;
- completion of military or alternative service;
- suspicion of committing a crime or charges brought against a citizen;
- having a criminal record;
- evasion of obligations established by a court order;
- providing incorrect information when preparing documents;
- serving in the FSB.
The rules for establishing and lifting restrictions on the debtor’s departure from the Russian Federation are also regulated by such regulatory acts as Order of the Ministry of Foreign Affairs of the Russian Federation of November 17, 2008 No. 8722, Order of the Federal Migration Service No. 350 and others. The restriction is being imposed on the initiative of the Federal Bailiff Service.
As for the debt, in order to be banned from leaving, it must be at least 30,000 rubles or from 10,000 rubles in case of non-payment of alimony.
Duration of the ban
How long the restriction lasts depends on the reason why it was imposed. So, if the ban is related to service, the terms are established by the employment contract. If a person is suspected of committing a crime or has a criminal record, the sanction will be valid until the court pronounces an acquittal, the termination of the criminal case or the expungement of the criminal record.
If you have debts (the amounts are indicated above), you can leave the country only after fulfilling all your financial obligations. If a bankruptcy procedure has been launched, traveling abroad will have to be postponed until its completion.
Court decisions
The term was reduced by 6 times: defense of the accused under Article 228.1 of the Criminal Code of the Russian Federation
Dangerous cargo: a threat not only to others, but also to your wallet
Problems with the travel agency
Car missing from the parking lot
Accident with oncoming traffic: a drunk driver fled the scene of the accident
Furniture store paid for late payment
How to remove the restriction
The only way to remove all restrictions is to eliminate the reasons for their occurrence. Let us consider in more detail how this can be done in specific cases.
For debtors
As noted earlier, if a person has a debt that exceeds the amount established by law (read above), the court has the right to prohibit him from leaving the country. This measure is most often used at the request of a creditor who has suspicions that traveling abroad will interfere with the payment of the debt. However, in rare cases, the court may establish such a sanction on its own initiative.
To travel to another country, you need to pay off all your existing debts, as well as negotiate with the bailiffs to lift the ban on traveling abroad.
The restriction can also be removed:
- If you achieve termination or termination of production. This is possible in the event of reconciliation between the debtor and the claimant, invalidation of the writ of execution, or the impossibility of establishing the whereabouts of the debtor in the absence of liquid property.
- If you appeal the decision. The restriction can be appealed in court or in the order of subordination (the appeal is submitted to the chief bailiff of the subject). This must be done within 10 days after receiving information about the ban.
For persons with a criminal record and suspects
Citizens with a criminal record must wait until the criminal record has completely expired to visit another country. This rule applies even in case of early release - you will still have to wait until the criminal record is expunged.
For citizens who are suspected or charged with committing a criminal offense, it will be possible to travel abroad in the following cases:
- the court issued an acquittal;
- release of a person without the entry into force of a preventive measure;
- the criminal case is closed;
- The current preventive measure has been cancelled.
For civil servants, military and police officers
Civil servants who have access to state secrets cannot freely travel abroad. You are allowed to leave the country only when at least five years have passed since you became familiar with information that is considered particularly important or top secret. At the same time, other, shorter periods may be determined by the employment agreement or contract. The ban for this reason can last no more than 10 years. You can find out if there are countries that are not recommended to visit by reading the material “Is it possible for civil servants to travel abroad?”
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Military personnel undergoing military service or working under contract can leave the country only if they receive permission from a higher command. FSB employees cannot travel abroad for more than 15 days during the contract period.
For minors
As is known, persons under 18 years of age have incomplete legal capacity. For this reason, they cannot leave the country of their own free will. To do this, you need to wait until you reach the age of majority or obtain permission from your parents or persons who perform their functions. As you know, when crossing the border, a child under 18 must have permission to travel abroad from their parents or legal representatives. How to prepare this document, read the publication “Permission for a child to travel abroad.”
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Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.
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When can you go abroad after paying off your debts?
As already noted, the debtor can travel abroad only after repaying the current debt. The question logically arises, after payment, how long does it take for the bailiffs to open travel outside the country, because this procedure takes a certain time.
For persons who have fulfilled their financial obligations, the ban is lifted within 7-14 days.
After payment, you must submit a receipt to the FSSP, and also wait for the official lifting of the restriction.
Is it possible to travel abroad with debts?
The presence of debt is the most common reason for which a ban on traveling abroad is established. You can remove it in two ways:
- fully comply with financial circumstances;
- conclude an individual agreement with the Federal Bailiff Service.
If the amount of debt is too large for a citizen and he cannot pay it off quickly, and he needs to go abroad urgently, a notarial agreement can be concluded between the creditor and the debtor.
In addition, the legislation establishes a number of cases when it is possible to obtain an emergency lifting of the ban on traveling abroad. These include:
- the need for urgent treatment abroad (in the absence of such an opportunity in Russia);
- death of family members living abroad;
- need to go on a business trip for work;
- receiving an inheritance in another country.
The topic is covered in more detail in the article “How to travel abroad with debts.”
How to find out if there is a ban?
Available information about the existence of the ban is posted on the official website of the State Service. Frequent practice: a citizen receives a written notification that he has no right to leave the country until he pays off the debt in full, along with interest and penalties.
If the debtor does not live at the place of registration, he will need to use the Nevylet.rf website to find out the information of interest. A similar request is made on the official Internet resource of the Tax Service. An alternative option is to go to the regional portal of the Federal Bailiff Service.
FAQ
Despite the legislative regulation of the issue we are considering, many citizens still have questions. Let's try to answer some.
Is it possible to remove the restriction in one day?
Due to changes in legislation, starting from October 2021, the temporary restriction on traveling abroad will be lifted in 1 day. However, we are talking about enforcement proceedings initiated after October 1, 2021.
Is it possible to speed up the process of lifting the ban?
This issue was relevant before the latest changes to the law. Now the bailiff has the right to lift the restriction after receiving information about the repayment of the debt. Therefore, it is important to get rid of debt as soon as possible. And for those who are interested in how to quickly lift the ban on traveling abroad after paying off the debt, we answer: you must provide a receipt to the FSSP for the transfer of funds.
Is it possible to pay a debt at the airport before departure?
Sometimes the debtor learns unpleasant news about the imposed restriction immediately before flying abroad. This can pretty much ruin your plans.
In practice, it is possible to pay off debt at the airport. However, it is worth considering that the bailiff will not see the entries in the register immediately, so it is better to resolve the situation in advance. To simplify this procedure, a mobile bailiff service operates at some airports, which greatly facilitates the task.
