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Europe[edit]

France[edit]

Many countries mention freedom of movement in their constitutional texts, but France does not.Cite error: A <ref> tag is missing the closing </ref> (see the help page).

Since the Schengen Agreement in 1990, freedom of movement slightly spread to 22 countries of the European Union (Bulgaria, Romania, Cyprus and Croatia were not European members yet), and to Norway, Iceland, Switzerland and Liechtenstein as these countries own an associated status towards the EU. As European citizens, French people are free to go to one European country to another without restrictions.Cite error: A <ref> tag is missing the closing </ref> (see the help page).

Russia[edit]

Article 27 of The Russian Constitution states that "1.Every who legally stays in the territory of the Russian Federation shall have the right to free travel, choice of place of stay or residence. 2.Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right to freely return to the Russian Federation."[1]

Freedom of movement of Russian citizens around the country is legally limited in a number of situations, including the following:

  • In closed cities (mainly nuclear research centers). Special permits are necessary for both visiting and settling there.[2]
  • In certain areas near Russia's international border.[3]
  • In areas with declared state of emergency.[4]
  • In the interests of justice (imprisonment, bailiff's order, arrest, undertaking not to leave during a criminal investigation etc.).[5]
  • For citizens under military conscription.[6]

Since the abandonment of propiska system in 1993, new legislation on registration of residence was passed. Unlike propiska, which was a permit to reside in a certain area, registration of residence as worded in the law is merely notification.[7] According to the Russian legislation, there are two types of registration which a person may obtain simultaneously. Permanent registration is obligatory and gives the right for property ownership, temporary registration can be received for a period of time due to rental contract. However, administrative procedures developed "in implementation" of the registration law imposed some conditions on registration which effectively made it depend on the landlord's assent. Since landlords are often not willing to register tenants or guests in their properties due to tax payments, many internal migrants are prevented from performing their legal duty to register.[8] Before 2004, it was common for police to fine those having failed to register within 3 working days at a place of stay. In 2004, the maximum permitted registration lag was raised to 90 days making prosecution infeasible, removing practical obstacles to free movement.

The Russian citizens' right to leave Russia may be legally suspended on a number of reasons including:

  • The case of obtaining access to classified documents while working for the state or the military, during the time when access is granted and up to 5 years afterwards. This limitation is commonly included as a provision in one's contract of employment.
  • Detention on being prosecuted as a defendant or suspicion of committing a crime.
  • Military conscription.[9]

According to the 62 article of the Russian Constitution, citizen of Russia may have the citizenship of a foreign State (dual citizenship), but that does not "free him from the obligations stipulated by the Russian citizenship".[10]Russian citizens possessing foreign citizenship may not enter or leave Russia on foreign travel documents. Russian consular offices do not grant visas to foreign passport holders who are (or are suspected to be) Russian citizens.[11]

Serbia[edit]

Everyone has the right to move and settle freely in the Republic of Serbia, to leave it, and to return to it.

Freedom of movement and residence and the right to leave the Republic of Serbia may be restricted by the law if this is necessary for the conduct of criminal proceedings, protection of public order and peace, prevention of the spread of infectious diseases, or defense of the Republic of Serbia.[12]

Turkey[edit]

According to Article 23 of the Turkish Constitution, each individual in the Republic of Turkey has the right to travel from one place to another.

The freedom of a citizen to travel abroad may be restricted due to his / her citizenship duty or criminal investigation or prosecution.

Citizens cannot be deported and denied the right to enter the country. [13]

Other main section[edit]

See also[edit]

References[edit]

  1. ^ "The Constitution of the Russian Federation". Constitution.
  2. ^ "Secret cities". Global security.
  3. ^ Article 9. "LAW OF THE RUSSIAN FEDERATION NO. 4730-I OF APRIL 1, 1993 ON THE STATE BORDER OF THE RUSSIAN FEDERATION". Legislationline.{{cite web}}: CS1 maint: numeric names: authors list (link)
  4. ^ Article 11. "FEDERAL CONSTITUTIONAL LAW NO. 3-FKZ OF MAY 30, 2001 ON THE STATE OF EMERGENCY". Legislationline.{{cite web}}: CS1 maint: numeric names: authors list (link)
  5. ^ Article 102. "CRIMINAL-PROCEDURAL CODE OF THE RUSSIAN FEDERATION NO. 174-FZ OF DECEMBER 18, 2001" (PDF). Legislationline.{{cite web}}: CS1 maint: numeric names: authors list (link)
  6. ^ "FEDERAL LAW OF THE RUSSIAN FEDERATION of March 28, 1998 No. 53-FZ About conscription and military service". CIS Legislation.
  7. ^ Rubins, Noah (1998). "The Demise and Resurrection of the Propiska: Freedom of Movement in the Russian Federation". Harvard International Law Journal. 39 (2): 545–566.
  8. ^ Katanian, Konstantin (1998). "The Propiska and the Constitutional Court Special Report". East European Constitutional Review. 7: 52.
  9. ^ Article 15. "FEDERAL LAW NO. 114-FZ OF AUGUST 15, 1996 ON THE PROCEDURE FOR EXITING AND ENTRING THE RUSSIAN FEDERATION". Legislationline.{{cite web}}: CS1 maint: numeric names: authors list (link)
  10. ^ "The Constitution of the Russian Federation". The Constitution of the Russian Federation.
  11. ^ "ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION of June 9, 2003 No. 335 ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION June 9, 2003 No. 335 About approval of the Regulations on establishment of form of the visa, procedure and conditions of its registration and issue, prolongation of term of its action, its recovery in case of loss, and also procedure for cancellation of the visa". CIS Legislation.
  12. ^ "Article 39 of Constitution of the Republic of Serbia". www.ustavni.sud.rs. Retrieved 30 November 2020.
  13. ^ "Türkiye Cumhuriyeti Anayasası". TBMM. Retrieved 26 December 2020.

External links[edit]