The Russian Constitution sets out extensive rights and protection to be accorded to the individual. Although the rights to freedom of movement within the country, migration and foreign travel are included among these rights the government has placed restrictions on their exercise. 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". This right may not be effectively guaranteed to Russian citizens as they are required to register their residence in particular parts of the country within 7 days of moving there, which restricts there freedom of movement (see 8.13 – Freedom of movement within State territory). This provision in Article 27, as drafted in the Constitution, is also restricted to those who are lawfully present in the country, and would therefore exclude irregular migrants which amount to thousands of people in the Russian Federation, including former Soviet citizens who are unable to obtain Russian citizenship under the new law on the legal status of foreign citizens in the Russian Federation (see 8.2 - Immigration law and policy).

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A Federal law on the Right of Russian Citizens to Move Freely and Choose their Place of Sojourn and Domicile within the Borders of the Russian Federation was introduced in June 1993 on the execution of the above provision. Article 1 of the Law states that any restrictions on freedom of movement, and the right to choose the place of residence must be on the basis of law. Article 3 makes it encumbent on citizens to register themselves at their place of residence, for which they may be charged a fee.

Article 27, paragraph 2, states that everyone shall be "free to leave the boundaries of the Russian Federation". The second paragraph of Article 27 also provides that citizens of the Russian Federation shall have the right to freely return to the Russian Federation. The Federal law of the Russian Federation on the Procedure for Exit from the Russian Federation, and Entry into the Russian Federation, which came into force in August 1996, sets out the parameters and restrictions of the rights on freedom to leave and enter the country. Article 2 of the Law states that Russian citizens may be restricted in their right to leave the Russian Federation however this may only be on the grounds provided for in the Law. Article 6 provides that citizens may leave the country with valid identity documents, such as passports, citizens and foreign nationals may enter the country with valid identity documents or visas. Article 15 sets out circumstances in which the right to leave the Russian Federation may be restricted, these include: where the individual has access to state secrets and has concluded a Labour agreement or contract restricting his/her right to freedom of leave the country; where the individual has been called up for military service; and where the individual has been detained. The period of restriction may not exceed five years, however a resolution of the Interdepartmental Commission on Protection of the State Secrets may extend the restriction, but not beyond ten years altogether including the restriction established by the Labour agreement. Under Article 17, citizens whose right to leave the country has been restricted may appeal to a commission within the government who are required to examine the appeal and reply within three months. Article 18 provides that the issuing body will retain the person’s passport until the period of restriction has expired.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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