CCPR/C/112/D/2126/2011 Violations, an order for the imposition of an administrative punishment may not be implemented if it has not been implemented for two years after its entry into force. There is no decision regarding the deportation of the author to Afghanistan. The State party thus maintains that there has been no violation of the rights of the author on the territory of the Russian Federation. 4.6 The State party submits that the allegations of the author that there is a decision of the authorities of the Russian Federation to deport him and that he has exhausted all available domestic remedies as required under articles 2 and 5, paragraph 2 (b), of the Optional Protocol are unfounded and unreliable. The State party maintains that the communication should be declared inadmissible, inter alia for abuse of the right of submission. Author’s comments on admissibility 5.1 On 10 June 2012, the author submitted that the State party does not suggest any effective domestic remedies that should have been exhausted by the author and does not refer to any other valid inadmissibility grounds under articles 2 and 5 of the Optional Protocol. 5.2 Regarding the facts of the case, the author notes that the decision of the Kuybushevskiy District Court quashing the Migration Service’s decision not to grant him temporary asylum, which referred to international human rights treaties, later became “inoperative” because of the subsequent refusal of the Migration Service to extend the author’s temporary asylum. 5.3 The author agrees that he could not be expelled on the basis of the 28 January 2003 decision of the Vasilyevskiy Island District Court. However, the gist of his complaint is that, as he has no formal right to stay in the Russian Federation, he could be deported at any time pursuant to section 31 of Federal Law No. 1159 in conjunction with section 13 of the 9 6 The article reads: “Article 31. Consequences of Non-Observation by a Foreign Citizen of the Term of Stay or of Residence in the Russian Federation. 1. If the term of the residence or of a temporary stay of a foreign citizen in the Russian Federation is reduced, this foreign citizen is obliged to leave the Russian Federation within three days. 2. If a permit for a temporary residence or a residence permit issued to a foreign citizen is cancelled, this foreign citizen is obliged to leave the Russian Federation within 15 days. 3. A foreign citizen who has failed to discharge the duty stipulated in Items 1 and 2 of the present Article is subject to deportation. 4. The deportation of foreign citizens in the cases envisaged in the present Article, shall be carried out by the federal executive power body, controlling the matters of internal affairs, or by its territorial subdivision. 5. The deportation shall be effected at the expense of the funds of the deported foreign citizen, and if such funds are absent or if the foreign worker was taken on for a job with a violation of the procedure for the invitation and the use of foreign workers established in this Federal Law – at the expense of the funds of the body which has invited him, or of the diplomatic representation or of the consular institution of the foreign State of which the deported foreign citizen is a national, or of the international organization or of its representation or of the natural person or the legal entity mentioned in Article 16 of the present Federal Law. Federal Law No. 122-FZ of August 22, 2004 reworded Item 6 of Article 31 of this Federal Law. The new wording shall enter into force as of January 1, 2005. 6. If it is impossible to identify the inviting party, the outlays on the deportation arrangements shall be expense commitments of the Russian Federation. The procedure for spending the funds allocated for the said purpose shall be determined by the Government of the Russian Federation.