In Mariinsk, three citizens of Tajikistan were unable to leave the country on time and were in Russia illegally. However, the court did not deport the foreigners, based on the Russian Constitution and international law.
According to the Mariinsky City Court, citizens of Tajikistan, a mother and two adult children, were supposed to leave Russia no later than December 2022, but did not. They explained that they arrived in Russia on a private visit, did not have time to complete the documents, and could not leave on time due to lack of money.
According to the Code of Administrative Offenses of the Russian Federation, foreign citizens were threatened with a fine of two to five thousand rubles and expulsion from the country. However, foreigners were not deported because the father of the family had Russian citizenship. Due to the presence of stable social ties in Russia, the authorities have no right to expel Tajik citizens from Russia. This would be contrary to the Convention on the Protection of Human Rights.
By virtue of the provisions of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, concluded at Rome on November 4, 1950, everyone has the right to respect for his private and family life. Interference by public authorities in the exercise of this right is not allowed, except in cases where such interference is provided for by law, the Mariinsky City Court explained.
The court did not deport citizens of Tajikistan and limited itself to a fine of two thousand rubles for each family member.