Russians left without money abroad can now count on the state
“While abroad, our people should feel safe, knowing that if necessary, the state will always come to the rescue, provide legal, consular and other necessary support in a force majeure situation,” explained Vladimir Putin, speaking at a government meeting.
Let us emphasize that the document refers to a truly emergency situation, which can hardly be attributed to the banal “not enough money for a ticket.” The regulations on assistance state: “Assistance in returning... is provided to citizens of the Russian Federation who find themselves on the territory of a foreign state without means of subsistence... in exceptional cases. Exceptional cases mean situations in which the return of citizens of the Russian Federation to the Russian Federation will help eliminate an immediate threat to their lives.”
As Fyodor Korobkov, a lawyer from the Tourist Rights Protection Club, explained to Vremya Novostei, in legal practice, “immediate threat to life” usually means natural disasters, military actions or riots in the host country. Thus, even the eruption of the Eyjafjallajökull volcano, which left Russian tourists stranded at European airports, cannot be considered a force majeure circumstance, because our compatriots were helped by both the authorities of the host countries and Russian representatives. But a coup in some banana republic could well qualify as an emergency circumstance.
However, as Fyodor Korobkov noted, lawyers in the tourism industry expect the emergence of departmental regulations that should clearly explain under what circumstances the mechanism prescribed in the assistance regulations can be used.
For our fellow citizens who, God forbid, find themselves captive to Somali pirates, this document will not help. The fact is that to receive assistance, a citizen must contact the Russian embassy or other Russian foreign institution on the territory of the host state. The assistance regulations state that for this one must not only apply but also present a whole set of documents.
A Russian citizen caught in an emergency must submit an application addressed to the head of the foreign institution, written in free form, on behalf of themselves, their spouse, minor children or other accompanied Russian citizens. It is necessary to outline the circumstances that led to the person being on the territory of the host country without means of subsistence. Attached to the application is a foreign passport or other official document issued by the competent authorities of the Russian Federation (the regulations include a caveat – “if possible”). In addition, one must attach “official documents issued by the competent authorities and institutions of the host state and related to the circumstances of the request for assistance” (however, in this case it is also provided that this is done “if possible”).
A citizen's application is reviewed by a commission operating permanently at the embassy or other diplomatic mission. The commission consists of three people, including the accountant of the foreign institution. The trio must review the application of the person requesting assistance within 72 hours (taking into account business days).
Employees of the Russian diplomatic mission must verify the accuracy of the facts stated in the application and clarify the circumstances of the citizen's stay in that country: purpose of trip, visa availability, conditions of stay, etc. If necessary, the trio requests “documents relating to the substance of the matter.” Based on the review, the commission makes a decision by a majority vote – to provide assistance or refuse. The decision is formalized by a protocol (the form must be approved by the Ministry of Foreign Affairs), a copy of which may be handed over to the citizen if requested.
Actually, the assistance is aimed at the prompt departure of the Russian citizen from the host country and his unhindered return to the homeland. If the embassy gives the go-ahead, the assistance mechanism comes into effect.
The citizen and his family are paid for hotel accommodation. It should be noted: hotel stay is paid “in the amount of up to 50% of the maximum norm for reimbursement of expenses for renting living quarters during official business trips to foreign countries established by the Russian Ministry of Finance for employees of organizations financed from the federal budget.” Similarly, expenses for food and basic necessities are paid – in the amount of half the daily allowance for a business trip of state employees.
The state undertakes to pay for the citizen's flight or travel “to the checkpoint across the state border of the Russian Federation” at the airport or border crossing. Note that in this case a caveat is also made: “purchase of travel documents at the minimum fare” is guaranteed. Simply asking for money at the embassy will not work.
The commission-trio has the right to refuse a citizen's request for assistance in three cases: if it turns out that the applicant lied, if he abused the assistance provided, or if “the situation involving an immediate threat to the applicant's life” resolves itself. However, if a person disagrees with the commission's decision, he can appeal it “in accordance with the legislation of the Russian Federation.”