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Open Letter On the restoration of the human rights of Russian citizens, established in Articles 27, 37 and 39 of the Constitution of the Russian Federation. In this letter I try to attract your attention to flagrant violations of the Articles 27, 37 and 39 of the Constitution of RF, which stipulate major human rights of Russian citizens: right to live where they wish in the Country, right to work according to their skills and abilities, right to move freely within the country. This letter concerns the problems of millions of citizens of the Russian Federation, who lost or never had the ownership of a house or an apartment and, therefore, the registration of permanent residence ("Permanent registration"). Due to bureaucratic nuances of the civil laws, they also lose the major constitutional rights of the citizen of Russian Federation. Without the "Permanent registration" they are unable to get "temporary registration" as well. In such a situation, a Russian citizen does not have a right either to get the land leased from the State for housing, or to buy a parcel of land. This citizen is deprived a right to get a job in a state-owned enterprise, and becomes a victim of brutal exploitation of dishonest, or sometimes criminal businesses. He(she) loses the right to get a foreign passport from the issuing administrative bodies, necessary for travel or employment abroad. This citizen is deprived of a right to accrue benefits of pension. Many other civil rights are also lost, including freedom of movement, choice of place of residence or stay, and the right to work by their choice. It would seem that these rights are enshrined in the Constitution, however, the supreme law remains the supreme law, but life in Russia has its own laws, adopted by the administrative units of lower rank, on the basis of principles and algorithms convenient for them. In a very good by the content Constitution of the Russian Federation there is a very good article 27, which states: "Everyone being lawfully within the territory of the Russian Federation has the right to freely move and choose a place of residence.” Further, Article 27.2 states: "Everyone may freely leave the Russian Federation. Citizen of the Russian Federation has the right to freely return to the Russian Federation." The lower the administrative body is, the more restrictions and conditions it imposes. The same happens to the 27th article. If we start from the 27th article, it is quite enough to have the passport of a citizen of the Russian Federation, certifying the legality of his(her) residence in the territory of the Russian Federation, to stay at any place of Russia. However, there is also a "Law on the Right of Russian citizens of freedom of movement and place of residence", which reads: "In order to ensure the necessary conditions for the implementation of a Russian citizen of his rights and freedoms, as well as the performance of his duties to other citizens, state and society, the registration of citizens of the Russian Federation at the place of stay or residence within Russian Federation is introduced.” It is not quite clear, how the registration records can help to ensure the freedom of choice. But the introduction of registration for the "fulfillment of his(her) obligations to other citizens, State and society" implies a presumption of guilt of the citizens, claiming that without the registration they do not fulfill their responsibilities. Furthermore, on the basis of this law, "Rules of registration and removal of citizens from Registration" are composed. Article 4 of these Rules states: "Citizens must be registered in a registration body of their place of stay or place of living", while Article 8 states: "Violation of the requirements of these Regulations shall be the responsibility of officials and citizens in accordance with Russian law." Thus the freedom of choice has become a duty, because the voluntariness of the registration is already forgotten. Moreover, failure to do so is punishable by law. Parts II and III of the Rules describe the procedure of registration of permanent and temporary residence and are approximately of the same kind. Let's assume that life of a citizen of Russia turned out to the worse, and he(she) does not own a house or an apartment of his(her) own to live permanently. If he(she) is young and earns enough to rent housing, his(her) actions must comply with Part II of the Regulation, where article 9 states that: "Citizens, arrived for temporary residence in a residential area other than their place of residence for a period exceeding 90 days, are required after the specified deadline to apply to officials, responsible for registration and submit the following papers: 1. Identity document; 2. Application in the prescribed form for registration at the place of host; 3. Document, which is the basis for the temporary residence of a citizen in this residential area (lease (sublease), social rental housing premises, or application of the person providing the citizens for the living room)." So, if you're going to live in some place longer than 90 days you must register. However, here we are talking about a period exceeding 90 days of their stay, and if less, it seems, the registration is not required. The Article 10 also says: "Registration of citizens at the place of residence in a residential area that is not a place of their permanent residence, is defined by the term of a mutual agreement." And in the article 12: "Registration authorities must register the citizens in the prescribed manner at the place of residence in a residential area, that is not a place of their permanent residence, in 3-days period from the date of receipt of the documents and issue them a certificate of temporary residence registration." The procedure described in the Rules does not seem to be complicated and not very burdensome. But what it turns into in reality for this young man(woman) and what happens at lower levels of administrative bodies performing this procedure? First, the Moscow Government has some local regulations, that violate article 10 of the Rules, and the temporary registration here should not exceed 6 months. The citizen should apply for registration together with a host of housing to the passport office of the district administration, where, in addition to the above documents the administration demands from a host of housing the title for the occupied space and a paid utilities bill, verified by a local State licensed accountant. Following the presentation of additional documents, the host of housing and the temporary resident are sent to a district policeman, saying that without his visa the passport office will not make a registration. This becomes a headache because in order to meet the district policeman one needs to work hard. It usually turns out that his colleagues never know exactly when he is in the office. If one manages to cope with this item of additional requirements within a week, consider him a lucky person. Further the applicant and the owner must return to the passport office of the district administration once again and there they are offered to expedite the case and go to the FMS passport office personally. As far as the passport officer comes there once a week, registration is delayed further. In general, the whole procedure of registration of temporary residence for a period not exceeding six months at best case can be made within a month of walking through the chain of administrative officers and sitting in the queues to officials. What is waiting for a Russian citizen in the streets of Moscow, if he(she) has no a temporary registration in Moscow? Local Police officers, in compliance with some internal orders and instructions, do not draws attention to the article 9 of the Rules, which refers to mandatory registration only when the duration of stay exceeds 90 days, and require a certificate of registration in Moscow from any citizen of the Russian Federation within three days. In case of registration absence, the local police officers believe that they have the right to detain this citizen for the law violation. But, as it was shown above, it is simply impossible to register in Moscow within three days. Well, what is waiting in Russia for those citizens, who are no longer in demand in the labor market due to their advanced age or other circumstances, and have lost, for whatever reasons, their own homes and have not accumulated enough money for rent? It is not excluded that he(she) is living in the corners, which cannot always be called living quarters, or even spends the nights outdoors. Such a person is simply devoid of all human rights. 1. He(she) is deprived of the right to work, because some items of labor law prohibit employers from hiring of Russian citizens without permanent registration, and Moscow employer to employ without a permanent registration in Moscow, making the city closed for Russian citizens. Employers, who are prone to delinquency, use the disempowered persons for the mercenary purposes. (Violation of Article 37 of the Constitution). 2. He(she) is ineligible for an aging pension because the internal guidelines of the Pension Fund require its employees to extend pension only to persons residing or temporarily registered in the administrative district. A person without a Permanent or temporary registration is denied of the pension rights. (Violation of the Article 39 of the Constitution) 3. He(she) is ineligible to receive a foreign passport, because AFMS internal guidelines prescribe their employees to issue passport only to persons residing or temporarily registered in the administrative district. (Violation of Article 27.2 of the Constitution). 4. Moscow policemen may arrest a Russian citizen and detain him in a prison for fifteen days for so called BOMZhevanie (living without registration). Yes and the police staff of police offices in other cities have the right to punish such persons as they please. (Violation of the Article 27.1 of the Constitution). This spreads civil discord among the citizens of the country, setting up hatred to Muscovites in other cities among those, who do not have the right to visit Moscow freely. A Russian citizen, having no permanent or temporary registration, is deprived of basic civil rights on the basis of the “Act on the Right of Russian Federation Citizens to the Freedom of Movement, Choice of Place of Residence ". In other words he(she) is an "outlaw" person. Isn’t it too severe punishment for violation of the law created "to ensure the necessary conditions for realization of a Russian citizen's rights and liberties"? Unfortunately, the main consequence of the law "Law of the Right of Russian citizens to freedom of movement and choice of place of residence" and regulations based on this law is depravation of Russian citizens of their constitutional rights for living, moving and working by their choice in Russia. It also makes citizens vulnerable to violence from dishonest police officers and is unacceptable for a democratic country. Developed countries of Europe and North America somehow manage to live without laws of permanent registration of residence, and live well. The only requirement of registration of their residence is applied if he(she) drives a car so administrative bodies could contact them by mail if the car violates traffic rules. Why does Russia need such type of registration, which deprives citizens of their major human rights? Doesn't this Law create a good basis for human rights violations and a lawful ground for the desire of some dishonest administrators to undermine the rights of others for selfish purposes. Doesn't it create a good basis for further development of the corruption, which is a heavy burden for Russia? And there are many criminal actions associated with the provision of registration services, which in most cases are illegal, and are just fakes, intended for extortion of money from the citizens. In addition, the Act made in such a manner that it contradicts the spirit and letter of the Constitution and promotes the separation of citizens into two camps: the obliged - the majority of citizens, and the requiring performance - overbearing authority. Not all people in power are able to withstand the test of power, and often tend to abuse it, considering the rights granted to them by the state, as his personal domain, and their main duty as to punish people. Without the restoration of presumption of innocence and the voluntary execution of the laws by the majority of citizens, without limitations on the power of administrative structures and without their transition into an executive body, helping people to live, rather than punishing them, democracy in the country cannot be constructed. Mister President, I ask you to take steps to restore the Articles 27, 37 and 39 of the Constitution of the Russian Federation in their entirety and limit requirement of residence address registration to driving licenses only. Passport of a Russian citizen, which stipulates citizenship in Russia, should be made free of any additional burden. It's also important to abolish legislation that limits employment of Russian citizens according to their place of living (as stipulated in the Constitution and is common in developed democratic countries). To ensure this freedom of movement and work in Russia it's necessary in particular to change Article 4 of the "Rules of registration and removal of citizens Registration records" so that it should indicate: "Within ten days after change of residence address, citizens shall report about a change of address of the place of residence in writing, or via the Internet, or by personal appearance in the legal body of the registration at the place of residence", leaving all the other articles unchanged. Such a change would eliminate the above violations of constitutional rights, repeal restrictions of the constitutional rights of citizens, generated by local authorities, and allow citizens of Russia to: 1. Seek employment in accordance with the Article 37 of the Constitution. Work will be free, and the choice of jobs will be based only on capability, skills and knowledge of a person. 2. Receive a pension in accordance with the Article 39 of the Constitution, as the departments of the Pension Fund would lose the right to refuse to grant a pension only on the basis of lack of registration of place of living in the passport. 3. Leave and enter Russia in accordance with the Article 27.2 of the Constitution, because UFMS will lose the right to refuse issuance of the foreign passports only on the basis of lack of residence registration in the passport of the citizen of RF. 4. Travel to Moscow freely, in accordance with the Article 27 of the Constitution, as the staff of the Moscow police will lose the right to detain citizens of Russia who have not committed offenses, but only on the basis of lack of registration in Moscow. Wipe out the infamous humiliating nickname "BOMZh" (a man without registration) from Russian citizens, which allows administrative apparatus to refer to such people with disdain. Restore the rights of Russian citizens, bestowed upon them by the Constitution and limited by local regulations. Eliminate ground for corruption and criminalization of police and local administration. People will deeply appreciate the freedom, presented to them and find themselves being citizens of a great country. Thank you. George Danilov to top |
