There are things without which we cannot think. Let them seem wild from the side - we know that without them our existence will lose its usual form, we will carry us into black horror. The French are the situation, maybe with the use of frog legs and snails. We have this with a residence permit. The world of registration surrounding modern Russia is terrifying. The Council of Europe, concerned about the observance of human rights, has long strongly advises Russia to cancel the residence permit. Last summer, the World Bank, who is even about economic prospects, recommended the abolition of registration in the interests of developing the labor market. However, they are not the first. In the 80s, the Ministry of the Interior itself fought for the cancellation of the registration, which was tired of doing the work of housing departments. In the mid-80s, the Ministry of Internal Affairs developed a project that canceled the existing passport system, but Moscow in the person of Grishin, who claimed that the cancellation of the registration would lead to a catastrophic increase in crime, stood on the path of liberalization.
The Committee on Constitutional Supervision took up the next case, in 1990, which concluded that the restriction of the freedom of choice of residence contradicts the Constitution. Like all the decisions of the committee, it was more likely a theoretical character. But less than a year later, MP Mikhail Arutyunov, in search of orders for his research institute, wandered into the Ministry of Internal Affairs, where he was puzzled by the problem of developing a new model of the Russian passport. Soon, Harutyunov organized a commission on the development of new law on citizenship. In June 1993, the Supreme Council approved the result of the work of the commission, the law canceling a residence permit and guarantees citizens the right to freedom of movement and choosing a place of residence. The commissions remained only to develop a mechanism for applying the law, which was supposed to enter into force on October 1, 1993. However, it did not enter - not fate, to see.
Because fate in Russia clearly favors the registration. Even Catherine moved entire population groups at her discretion. In the reign of Alexander, the registration took a form close to its Soviet version. Over the past two centuries, the registration has been absent only for 10 - 15 post -revolutionary years. In the early 1920s, even the use of photographs in personality certificates was considered a gross violation of human rights, and according to the “Malaya Soviet Encyclopedia” in the 1930 editorial office, the passport was “the most important instrument of police influence and tax policy in the so-called police state. " In 1932, the Soviet Union took this weapon into service, hardening the peasants, who did not receive passports in their hands, and introducing the pain of the registration system to us painfully. There was never a law that introduced a residence permit, but there were government decisions and secret instructions that made a residence permit of truly a perfect police gun, since no one really knew what was not allowed and what was prohibited.
Given the amazing survivability of the residence permit, is it worth it to be surprised that within two years after the registration was canceled by federal law (and in December 1993, it was also a constitution that guaranteed freedom of movement), did it continue to exist? Or is the fact that when last summer the Russian government finally decided to introduce the 1993 law into force, it did it that the Human Rights Watch/Helsinki international human rights organization cropped that the rules developed by the government are “barely disincreeating the old registration system”? Or that the special rules of registration (this is now called), introduced by the Moscow government with 1 Feb Raly, human rights activists and lawyers most often call the "dragon"? Everything may flow ...
In 1892, Anton Pavlovich Chekhov took a loan in the newspaper New Time, often printing it, and bought an estate for himself. A year later, the rural life of Chekhov was like a rural life, and he decided to move to Petersburg. And then one unpleasant circumstance turned out: in Russia a regime about squeaks was tightened, and a writer who did not have a passport was not prescribed in the capital even in hotels. With the help of advisers of friends and relatives - Chekhov found a cunning way out of the situation. He fictitiously focused on the medical department in order to get a passport in the rank of a super -standard younger official. The troubles that were supposed to occupy a month dragged on for a year.
After 103, the journalist Veronika Kutsyllo took a loan in the publishing house of the Kommersant-Daily newspaper, where she works, bought a single-room apartment in Moscow and settled in it with her elderly male
Terrier. After some time, spent on the arrangement of housing, Kutsyllo Sent in REU in order to legally register in the legally acquired real estate. Having learned, however, that Kutsyllo has no registration - she arrived in Moscow from Kazakhstan, lived with a student registration before graduation in 1994 - REU forwarded her to the police department, from where she went to the passport office. And here, as usual, one unpleasant circumstance turned out: according to the law approved by the Moscow City Duma, a Russian citizen who does not have Moscow registration, but bought an apartment in Moscow, is obliged to deposit a sum of 500 minimal salaries to the city treasury in exchange for registration. At that time, this amount was approximately $ 2500.
“Since I am a little familiar with the constitution and laws,” Kutsyllo recalls, well, I felt sorry for two and a half pieces. ” Kutsyllo first arrived in Moscow immediately after school, in 1984, and got a job on the limit. After two and a half years at the construction site, she, by her own admission, “broke” and went back to Kazakhstan, and after a year and a half she entered Moscow University. With such experience, Kutsyllo, of course, knew many tested ways to acquire the cherished press, but with the help of advisers - colleagues and acquaintances, she found a completely new cunning exit: she filed a complaint with the Constitutional Court.
If the rules of registration (registration) over the past century have not changed significantly, then, perhaps, social progress is measured by the difference in the actions of the writer Chekhov and journalist Kutsyllo. The latter, being deprived of a residence permit at the end of the twentieth century, may refer to Article 27 of the Constitution, which guarantees freedom of movement and choosing a place of residence. In March, the court will decide whether the Constitutions contradict the rules of registration introduced in Moscow and some other cities instead of registration.
The case considered by the high court unites several complaints. In the center is a request from the head of the Komi Republic Yu.Spiridonov, who claims that the rules of registration in Moscow, other cities, in the Stavropolie, violate the rights of the inhabitants of the Far North, looking for new housing. The contested rules establish not only astronomical fees for registration, but also the so -called sanitary norm: new Muscovites can become such officially only if they have 18 square meters of total area per person. According to Spiridonov, the collection for registration is contrary to the federal law on taxation. The Constitutional Court seems to be inclined to agree.
According to the KS judge Anatoly Kononov, local rules for registering anti -constitutionally limit the freedom of movement also by the fact that they "associate registration with a huge number of other rights and this directly contradicts the law."
This means that in a passport certifying a place of residence, no matter how it is called, registration or registration. In any case, it is necessary for contact to be legal. Without it, you can’t register a newborn, sign, get divorced, contact a doctor, send a child to school, vote, get a driver’s license, make a purchase of a car, enter a job, get a pension, you can’t issue a foreign passport and finally go where there are no registrations.
People, of course, adapt: rent apartments, buy insurance policies and rights, purchase cars by proxy, persuade compassionate employees to include them in voters' lists. True, the attempts of Kutsyllo and her groom, who also found himself without registration at the end of the journalism department, remained unsuccessful to join the legal marriage. But Kutsyllo managed to convince the members of the precinct commission to allow her to vote. And Kommersant bought her an insurance policy.
The human rights activist Lyudmila Alekseeva, who returned from emigration and living without registration partly for fundamental reasons, partly due to the inconvenience of the design of a new internal passport, also managed to “enter” the election lists. And the policy was discharged in the district clinic bypassing all the rules because it is so easier than drawing up a legal temporary one.
It is bad not only that all these are methods either expensive, or illegal, or both together. And not only that a whole layer potentially law enforcement, hopelessness, bloodlessness ...
Difficult: Armenian refugees from Baku, taken out by the Soviet government to Moscow in 1989-1990. There are about two thousand such refugees in seven Moscow hotels, and about three hundred in the tourist hotel. Almost all women are painted “blondes” - they allegedly stop less. But the police, alas, have an eye to the eye.
New Moscow rules set a fine of up to 50 minimum salaries, levied from employers who hired persons without registration. Despite the fact that under all laws, refugees have the right to work at the place of stay, from February 1, the Moscow authorities began to demand registration certificates in addition to the refugee certificate. The director of the hotel, who is the presence of refugees, apparently, is pretty tired, does not give out certificates. For three weeks, six out of 100 working residents of the hotel (most inhabitants - children and pensioners) had to leave work after the warning of law enforcement agencies that came with the inspections of Moscow commercial tents.
Lush citizens are engaged in the deceit of the authorities. It is also bad that violators of registration rules are distinctly divided into two groups - those who can adapt due to education, self -confidence or Slava Vyanskaya, and those who cannot and serve as a beating boy for the police and all others who are itching.
In the Tourist Hotel, on the northern outskirts of the outskirts, those who adapt from the consequences of inspections, familiar to the inhabitants of the “tourist”, live, live, loss of work, one of the most harmless. Maria Aotoyan, crying, said that her son lay in bed for a month after another check. Now the elderly woman decided not to release a 37-year-old son from the hotel and she works as a janitor and a faculty in the store to feed the family. Or: in 10 days that Nelly Turina was visiting a son working on Sakhalin, OMON was a check twice, and Turina hid the “illegal” son in the toilet.
Who needs it? Human rights activist Andrei Babushkin made some calculations on the basis of conversations with people who come to an appointment at the Moscow Research Center for Human Rights. He turned out that each of the 7.5 million adults of Moscow is tested by documents on average three times a year. Based on the fact that in Moscow 100,000 police officers working 200 days a year, Babushkin concluded that 1000 police officers were engaged exclusively with passports. In 1995, by checking documents, the police revealed 150 violators, or one violator for every seven police officers. Former Moss Council deputy Grandmother claims that he specially underestimated the numbers, so he could only make a mistake in favor of the police.
Of all the ways to spend money in order to somehow identify the criminal world, the least effective is chosen, - Babushkin sums up. It would be better to throw the money into the street and check those who ran up to collect it: among them, probably, there would be more criminals.
The traditional Moscow argument about the threat of crime is doubtful not only from the point of view of the effectiveness of the registration. Favorite horse of the Moscow police, the number of crimes committed by visitors. At a press conference on February 21, the head of Moore said that “immigrants from the Caucasus” are guilty in most metropolitan crimes. This is probably his personal observation, since there is no similar statistics in the Moscow Central Internal Affairs Directorate. In 1995, according to the Central Internal Affairs Directorate, every third crime in Moscow was committed in general, and every fifth visitors from other regions of Russia. It sounds impressive, if you do not consider that ka ... and the future in the ghetto for refugees
The day in Moscow is as many visitors as the inhabitants. Accordingly, visitors commit crimes three times less. It is definitely follows that in the interests of reducing criminality it is logical to deprive all Muscovites, and the capital is populated by the visitors. Or, anticipating that, having settled, visitors can “deteriorate”, declare Moscow with a non -residential territory, around which to create a “line of settled”. And to Moscow to let refugees and forced immigrants who violate the law the least.
The second argument of the Moscow authorities is the protection of strict registration rules, especially the money fees, that, as the leading specialist of the municipal housing department, Veniamin Orlov, “the apartment is not in the clean field. Citizens use services and clinics and transport. ” The judge of the KS Gadzhiev, however, notes that the money collected in this way does not enter the target fund for the needs of urban infrastructure, but in the general urban, and that they are really used for infrastructure is far from obvious. Some human rights activists propose to introduce a gathering from newborns, who also did not bring anything to the arrangement of the city. (Orlov, by the way, agreed that this is a good idea.) And the deputy of the Moscow Duma Alexander Krutov, a well -known warhead with a residence permit, offers to pay those who leave the city and stops using its infrastructure. The fact remains: visitors contribute to the city’s economy, especially if they live in it legally.
Crown Moscow argument The danger of an influx of visitors applying for municipal housing. Even ardent opponents of the residence permit, such as deputy Krutov, protect the sanitary norm with foam at the mouth, thereby demonstrating that all Muscovites, regardless of political and philosophical views, are equally spoiled by the apartment issue. Here you can offer, say, Arutyunov, close the line for municipal housing for the "new" Muscovites. You can notice, as Kononov notes that registration should not be associated with the right to housing. And you can ask: what prevents me from using the right to prescribe the closest relatives to your square, today to register yourself, and tomorrow - mom, dad and seven brothers?
- Well, there are all sorts of arguments for the Moscow rules, and against, the leading specialist Orlov sighs depressedly.
“There was not a single convincing argument“ for ”, there is no and hard to imagine,” Harutyunov claims.
But there is a one and a half century habit and complete confidence that the abandonment of it will lead to a disaster, even if it is not clear which one.