The Russian Constitution of 1993 sets out extensive fundamental rights to be accorded to the individual. Article 27, paragraph 1, states that everyone who is lawfully on the territory of the Russian Federation “shall have the freedom of movement and to choose the place to stay and reside”. During the Soviet era there was a system of propiska or obligatory residence permits in place that controlled internal movement and enabled law enforcement agencies to monitor the movement of residents. Residents were therefore restricted to living in one place, and presentation of the residence permit was required for employment, education, and other civic formalities. The system was ruled unlawful in 1990 and 1991. A Federal law on the right to freedom of movement within the Russian Federation was introduced in June 1993 on the execution of the above provision of the Constitution; it makes it encumbent on citizens to register themselves at their place of residence. However this is for notification purposes rather than permission for persons to change their place of residence.

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The Russian Constitution provides in Article 63, paragraph 1, that foreign citizens shall be granted political asylum “in conformity with the commonly recognised norms of international law”. This is reflected in the Refugee Law of 1997, which also includes complementary protection for people who do not qualify for refugee status but cannot be expelled from the country for humanitarian reasons. The recent Law on the Legal Status of Foreign Residents introduced a system of residence permits. All migrants entering the Russian Federation must obtain a migration card which entitles them to remain in the country for three months as visitors. The Constitution also provides for a number of rights and entitlements for all persons in the country, including the right to health care, medical assistance and the right to education. Article 62 (3) of the Russian Constitution states that foreign citizens and stateless persons shall enjoy in the Russian Federation the rights of its citizens and bear their duties with the exception of cases stipulated by the federal law or international treaty of the Russian Federation.

Trafficking is a concern in the Russian Federation although there is no specific prohibition of trafficking in Russian law, the Criminal Code creates an offence of unlawful violation of the countries borders which is punishable by 5 years imprisonment and may be used to prosecute traffickers.  A new draft law of February 2002 On Countering Trafficking in Persons and Measures to Protect Victims of Trafficking in Persons, introduces provisions to counter the traffic of persons, to protect victims and prevent trafficking. The draft legislation includes provisions on international co-operation to combat trafficking.

Article 19 of the Russian Constitution guarantees equality before the law and in the courts, and provides that the state shall guarantee equality of rights and liberties on a number of grounds including: sex, race, nationality, language, origin and religion. Artilce 19 also includes a provision guaranteeing men and women equal rights and liberties and equal opportunities for their pursuits. There is however little domestic law prohibiting discrimination in Russia therefore limited legal recourse available to citizens who suffer discrimination by state agents although Article 282 of the Criminal Code, which came into force in the Russian Federation in January 1997, prohibits incitement to hatred on national, racial or religious grounds.

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