Law on the Right of the Citizens of the Russian Federation to the Freedom of Movement, the Choice of the Place of Stay and Residence within the Russian Federation (1993 as amended 2004)

LAW

OF THE RUSSIAN FEDERATION

NO. 5242-1 OF JUNE 25, 1993

ON THE RIGHT OF CITIZENS OF THE RUSSIAN FEDERATION

TO THE FREEDOM OF MOVEMENT, THE CHOICE OF A PLACE OF STAY

AND RESIDENCE WITHIN THE RUSSIAN FEDERATION

(with the Amendments and Additions of November 2, 2004)

Article 1. The Right to the Freedom of Movement, the Choice of a Place of Stay and Residence within the Russian Federation.

In accordance with the Constitution of the Russian Federation and the international human rights acts every citizen of the Russian Federation shall have the right to the freedom of movement, the choice of a place of stay and residence within the Russian Federation.

The right of citizens of the Russian Federation to the freedom of movement, the choice of a place of stay and residence within the Russian Federation may be limited only on the basis of a law.

Persons who are not citizens of the Russian Federation and who stay on its territory on a lawful basis shall have the right to the freedom of movement, the choice of a place of stay and residence within the Russian Federation in conformity with the Constitution and laws of the Russian Federation and its international treaties and agreements.

Article 2. Basic Concepts

For purposes of the present Law the place of stay and residence shall be understood to mean the place of sojourn and residence.

The place of sojourn is a hotel, sanatorium, holiday home, holiday hotel, camping-site, tourist base, hospital and any other similar institution, and also living quarters, which is not the place of residence of a private citizen and in which he resides for the time being.

The place of residence is a dwelling house, apartment, official living quarters, specialized house (a hostel, hotel-shelter, house for maneuverable stock, special house for single aged people, boarding house for disabled persons, labour and war veterans, etc.), and also any other living accommodation in which a private citizen lives permanently or chiefly as its owner, under a contract for lease of housing (sublease), a contract of tenancy or on any other grounds provided for by the legislation of the Russian Federation.

Federal Law No. 127-FZ of November 2, 2004 amended Article 3 of this Code. The amendments shall enter into force as of January 1, 2005

Article 3. Registration of Citizens of the Russian Federation According to the Place of Stay or Residence within the Russian Federation

In order to provide the necessary conditions for the realization by a citizen of the Russian Federation of his rights and freedoms, and also for the performance of his duties to other citizens, the State and society, registration of citizens of the Russian Federation shall be introduced according to the place of stay or residence within the Russian Federation.

Citizens of the Russian Federation shall be obliged to get registered in the place of stay or residence within the Russian Federation. Registration or non-registration may not serve as a ground or condition for the implementation of the rights and freedoms of citizens, provided for by the Constitution of the Russian Federation, the laws of the Russian Federation, the Constitutions and laws of the Republics within the Russian Federation.

Citizens of the Russian Federation shall be registered free-of-charge at the location and place of residence thereof within the limits of the Russian Federation.

The rules for the registration and for striking citizens of the Russian Federation off the register according to the place of stay or residence within the Russian Federation, and also the list of officials responsible for registration shall be approved by the Government of the Russian Federation.

The Rules for Registering and for Striking Off the Register the Citizens of the Russian Federation by the Place of Stay and by the Place of Residence Within the Boundaries of the Russian Federation and the List of the Official Persons, Responsible for the Registration were approved by Decision of the Government of the Russian Federation No. 713 of July 17, 1995

Control over the observance by citizens of the Russian Federation and officials of the rules for registration and striking such citizens off the register according to the place of stay or residence within the Russian Federation shall be exercised by the organs of internal affairs.

Article 4. Bodies of Registration of Citizens of the Russian Federation in the Place of Stay or Residence within the Russian Federation

Bodies of registration of citizens of the Russian Federation according to the place of stay or residence within the Russian Federation shall comprise the organs of internal affairs in cities, townships, rural settlements, closed cantonments, and also in populated localities in border areas or in closed administrative-territorial formations, in which there are organs of they interior, and shall cover the local administration in all the rest of the populated centres.

Article 5. Registration and Striking off the Register of Citizens of the Russian Federation in the Place of Stay

Registration of a citizen of the Russian Federation in the place of stay shall be made without striking off the register in the place of residence.

The registration and striking off the register of a citizen of the Russian Federation in the place of stay in a hotel, sanatorium, holiday home, boarding hotel, camping site, tourist base, hospital and any similar institution shall be effected upon his arrival or exit by the management of the respective institution.

In other cases the registration and striking off the register of a citizen in the place of stay shall be made by a registration body in accordance with the rules approved by the Government of the Russian Federation.

Article 6. Registration of a Citizen of the Russian Federation According to the Place of Residence

A citizen of the Russian Federation who has changed his place of residence shall be obliged within seven days since his arrival at a new place of residence to apply to the official responsible for registration with a statement of a stipulated form. He or she shall present the following documents:

- passport or any other document replacing it and certifying the personality of a citizen;

- document serving as a ground for moving a citizen into living quarters (a warrant for living accommodation, contract for lease, statement of the person who has given living quarters or any other document) or its property certified copy.

The registration body shall be obliged to register a citizen in the place of residence within three days since the day of presenting documents for registration.

Article 7. The Striking off the Register of a Citizen of the Russian Federation According to the Place of Residence

Citizens of the Russian Federation shall be struck off the register in the place of residence by a registration body in the following cases:

change of a place of residence - on the basis of a citizen's statement about the registration in a new place of residence;

conscription to military service - on the basis of a deliverance from the local military commissariat;

conviction to deprivation of liberty - on the basis of the court's sentence that has entered into legal force;

recognition as missing without a truce - on the basis of the court's decision that has entered into legal force;

death or the court's declaration as deceased - on the basis of a death certificate drawn up in a statutory manner;

eviction from the occupied living quarters or recognition as invalid of the right to use the living accommodation - on the basis of the court's decision that has entered into legal force;

discovery of false information or documents that served as a ground for registration on the unlawful actions by officials in the process of registration - on the basis of the court's decision that has entered into legal force.

Article 8. Grounds for Restricting the Right of Citizens of the Russian Federation to the Freedom of Movement, the Choice of a Place of Sojourn or Residence within the Russian Federation

The right of citizens of the Russian Federation to the freedom of movement, the choice of a place of sojourn or residence within the Russian Federation may be restricted according to the laws of the Russian Federation:

- in a border area;

- in closed cantonments;

- in closed administrative-territorial formations;

- in zones of ecological disaster;

- in separate territories or populated localities where special conditions and regimes of living and economic activity have been introduced in case of danger of infections and mass non-infections diseases and poisoning;

- in territories where a state of emergency or martial law has been introduced.

Article 9. The Protection of the Right of Citizen of the Russian Federation to the Freedom of Movement, the Choice of a Place of Stay or Residence within the Russian Federation

Actions or inaction by state and other bodies, enterprises, institutions, organizations, officials and other juridical and natural persons affecting the right of citizens of the Russian Federation to the freedom of movement, the choice of a place of stay or residence within the Russian Federation may be appealed against by citizens with a higher organ or a higher official or directly with a court of law.

Article 10. Responsibility for Violating the Requirements of the Present Law

Violations of the requirements of this Law shall entail responsibility of officials and private citizens in compliance with the legislation of the Russian Federation.

Article 11. The Application of Standards of International Law

If an international treaty or agreement of the Russian Federation establishes rules other than those contained in the present Law, the rules of this international treaty or agreement shall be applied.

President of the Russian Federation

Boris Yeltsin

Moscow, the House of Soviets of Russia

No. 5242-1

June 25, 1993