In Article 27, paragraph 1, of the Russian Constitution it states, “everyone who is lawfully staying on the territory of the Russian Federation shall have the right to freedom of movement and to choose the place to stay and reside. Paragraph 2 states that “everyone shall be free to leave the boundaries of the Russian Federation and that “the citizens of the Russian Federation shall have the right to freely return to the Russian Federation”.

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During the Soviet era there was a system of propiska or obligatory residence permits in place that served to control 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. This document could be very difficult to obtain, with serious consequences for non-possession. The Constitutional Supervision Committee of the USSR ruled that the residence registration system (propiska) was unlawful, both in 1990 and in 1991.

In 1993 the Russian government issued a new law, the Law of the Russian Federation on Freedom of Movement, Choice of Place of Sojourn and Residence within the Territory of the Russian Federation. Article 3 of the law established a system of temporary registration and permanent registration of Russian citizens place of residence. The new law obliges citizens to notify the relevant government bodies of their place of temporary or permanent residence. However this differs from the original law or propiska system, whereby the authorities could deny citizens the right to reside in a location, as the purpose of registration is only to notify the authorities. Article 3, paragraph 2 states that failure to register cannot be the basis for limitations of citizens rights under the Constitution or law.

Despite these provisions citizens of the Russian Federation still experience restrictions on their freedom of movement. Although such freedom of movement restrictions have been challenged in the Constitutional Court (1) and ruled as illegal, they continue in the Russian Federation. In relation to non-nationals specifically Article 11, paragraph 1, of the Federal Law On the Legal Position of Foreign Citizens in the Russian Federation declares that foreign citizens have the right to freedom of movement within the territory of the Russian Federation for personal and business purposes. This entitlement is subject to exception in relation to territories with regulated visiting for foreign citizens. Article 11, paragraph 2 states that foreign citizens who are temporarily resident in the Russian Federation have no right to change their place of residence at will. Therefore non-nationals may travel in the country freely but are restricted in moving their place of residence.

(1) Link to Council of Europe Recommendation 1544(2001): "The propiska system applied to migrats, asylum-seekers and refugees in Council of Europe member states: effects and remedies"

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

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