Under the Criminal Code of the Russian Federation, any person who committed a
crime within the territory of the Russian Federation, no matter if it’s a
Russian citizen, a foreign citizen or a stateless person is criminally liable.
However, the issue of criminal liability for a crime within the territory of the
Russian Federation, which was committed by diplomatic representatives of foreign
countries and other citizens that enjoy immunity is resolved in accordance with
international law. Under the Russian legislation, legal proceedings in relation
to foreign citizens even not accused or suspected of committing a crime but
otherwise participating in the proceedings (as victim, witness etc.) shall take
place. In some cases, the Russian criminal law extends to foreign citizens even
if they committed a crime outside the Russian Federation. Many countries,
including Russia, have the principle of protection and security in their
legislation and court practices, according to which the state is entitled to
take to court any person suspected or accused of a crime against the interests
of this state or against its citizens outside this state, in accordance with the
legislation and within the territory of this state. Moreover, extraterritorial
jurisdiction may be executed based on the universality principle, according to
which the jurisdiction of the state under the international law extends to
certain crimes regardless of the citizenship of the suspected or accused persons
and of the territory where the crime has been committed. These are apartheid,
terrorism and some other crimes. Therefore, the type of criminal proceedings
with participation of foreign citizens depends not on their citizenship, but on
diplomatic or other immunity with respect to the criminal jurisdiction of the
Russian Federation.
The Russian Federation may extradite a foreign citizen or request the
extradition of a person for criminal prosecution or for the execution of a
sentence under an international treaty with the respective state or under a
written commitment of the Prosecutor General of the Russian Federation to
extradite persons to this state based on the reciprocity principle in accordance
with the legislation of the Russian Federation.
A person extradited by a foreign state may not be arrested, prosecuted or
convicted without the consent of this state or extradited to a third state for a
crime not stipulated in the request for extradition.
Under the civil legislation of the Russian Federation, liabilities emerging
from caused damages are governed by the legislation of the country where the
corresponding action or other circumstance that resulted in a claim for
compensation took place. Therefore, damages caused by a foreign citizen within
the territory of the Russian Federation are governed by the legislation of the
Russian Federation.
Under the Russian legislation, the person who caused the damages shall
compensate for the damages caused to an individual or to his property as well as
to a legal person or its property in full. However, the person who caused the
damage may be exempt from the liability if the damage is proved to have been
caused not through his fault. This regulation does not extend to owners of
sources of increased danger, such as car owners, construction organisations etc.
Owners of sources of increased danger shall in any case compensate for the
damage caused by such source, except if the damage has been caused due to
force-majeure event or to the victim’s intent.
In accordance with the Constitution of the Russian Federation, legal defence
of rights and liberties is guarantied to every person, including foreign
citizens. Everyone has the right to protect his rights and liberties by any
legal means. Under the Constitution, foreign citizens enjoy national treatment,
according to which foreign citizens have the same procedural rights and
obligations as Russian organisations and individuals. Foreign citizens may
appeal to judicial authorities against decisions and actions (omissions) of
governmental bodies, municipalities, social organizations and officers, e.g. in
case they have been groundlessly denied permit on sojournment, temporary or
permanent residence. The Government of the Russian Federation may also establish
reciprocal restrictions concerning citizens of the states where special
restrictions to procedural rights of Russian citizens and organisations are
introduced.
You may use the services of a lawyer or an attorney for cases arising from
civil, family, labour, criminal, administrative and other legal relationships.
Foreign attorneys may act within the territory of the Russian Federation only if
entered into the register of the Ministry of Justice of the Russian Federation
and duly registered. Therefore, if you wish to use the services of a foreign
attorney, you have to make sure that he is duly authorised to practice within
the territory of the Russian Federation. However, under the Russian legislation,
you are also entitled to personally protect your rights and liberties in court.
Though the proceedings in the Russian courts are held in Russian, you will have
an interpreter at your disposal.