Russian Federation

Last updated on: 1 November 2013

Criminalisation of HIV transmission/exposure

Russian Federation
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

A english translation of the law is:

Article 113. The spread of venereal disease or AIDS

Knowingly placing another person in danger of contracting a venereal disease , - shall be punishable by a fine up to twenty -five minimum monthly wages, or correctional labor for up to one year. Infection of another person with a venereal disease a person who knew that he had the disease , - shall be punishable by imprisonment for up to six months or imprisonment up to three years.

The actions referred to in the first or second paragraph of this Article, if committed in respect of:

( a) two or more persons;

( b) a minor -

shall be punished by deprivation of liberty for three to five years.

 Knowingly placing another person at risk of infection or contamination with AIDS - is punished by imprisonment from five to eight years.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

Non-Russian citizens staying in Russia for less than 3 months do not need to provide information about HIV status. 

Non-Russian citizens who planning to stay for more than 3 months and who require a visa have to provide a negative HIV test to the Russian diplomatic/consular authorities. Exempted are diplomatic staff, international intergovernmental organisations and their family members.

Non-Russian citizens who don’t need a visa have to provide a certificate about their HIV-negative status when submitting a request for temporary residence, within 30 days after submission of the temporary residence request

In the case of an HIV/AIDS diagnosis, a non-Russian citizen is expelled at his/her own expense or at the expense of the inviting party.

According to the Constitution Court of the Russian Federation, relevant authorities and courts may take into account family status, health status of a person with HIV/AIDS and other exceptional circumstances with humanitarian considerations in mind when deciding on the necessity of deportation or allowing a temporary residence. In any case, such a person is not relieved from the responsibility to observe required measures to prevent HIV transmission.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org