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Свобода передвижения | Аналитика

The consistent appeal against decisions of the authorities violating the freedom of movement in the national courts is a criterium of admissibility of application before the European Court.

The practice of the European Court in cases Bolat v. Russia (Judgment of 05/10/2006; App. No. 14139/03), Nolan and K. v. Russia (Judgement of 12 February 2009; App. No. 2512/04), and in particular, the decision of the Grand Chamber on admissibility Demopoulos and others v. Turkey (Decision of 01/03/2010; Application nos. 46113/99, 3843/02, 13751/02, 13466/03, […]
Свобода передвижения | Кейс

Regarding the possibility of application of Article 3 of Protocol №4 (prohibition of expulsion of nationals) and Article 1 of the Protocol №7 (procedural safeguards relating to expulsion of aliens) in the Crimean cases.

It shall be recalled that the UN General Assembly in its resolution A / RES / 68/262 of 27 March 2014 on the territorial integrity of Ukraine called upon all States, international organizations and specialized agencies not to recognize the change in the status of Crimea and Sevastopol through the referendum held on March 16 […]
Свобода передвижения | Кейс

Citizens of Ukraine who can not go to the mainland Ukraine in virtue of legal restrictions or the use of discretionary powers of the State Border Service employees.

The freedom of movement can also be violated by the Ukrainian authorities. For instance, the  penalty for attempting to cross the checkpoints in case of loss of documents during the stay in  Crimea constitutes an interference with freedom of movement. Such penalty is imposed not for the fact of loss of documents but for the […]
Свобода передвижения | Кейс

Citizens of Ukraine, who expressed, in accordance with Article 4 of Fedederal Constitutional Law No6 “their desire to retain their other existing citizenship and (or) citizenship of their minor children or remain without citizenship” are now unsuccessfully trying to get Russian residence permit.

In this case, the interference with freedom of movement may be a requirement of the Russian authorities to obtain a residence  permit  (under the threat of restriction of rights or even expulsion) as well as the refusal to issue such a document.   In this example, the statement remains true that such intervention is not […]
Свобода передвижения | Документ

The list of persons whose stay in the territory of the Republic of Crimea is undesirable (as of 21. 11.2014)

The list of persons whose stay in the territory of the Republic of Crimea is undesirable  (as of 21. 11.2014) (12.09.2015) Special parliamentary committee of the State Council of the Republic of Crimea repeatedly revised the list of persons whose stay in the territory of the Republic of Crimea is undesirable. According to the latest […]
Свобода передвижения | Документ

The decision of the Presidium of the State Council of the Republic of Crimea No 2062-6/14 dd. 18 April, 2014 “On the stay of certain persons in the territory of the Republic of Crimea”

The decision of the Presidium of the State Council of the Republic of Crimea No 2062-6/14 dd.  18 April, 2014 “On the stay of certain persons in the territory of the Republic of Crimea” (12.09.2015) By this decision the Presidium of the State Council of the Republic of Crimea instructed the Permanent Commission of the […]
Свобода передвижения | Документ

The decision of the Presidium of the State Council of the Republic of Crimea No 1785-6/14 dd. 21 March, 2014 “On the persons who undertake anti-Crimean activities, whose residence in the territory of the Republic of Crimea is undesirable”

The decision of the Presidium of the State Council of the Republic of Crimea No 1785-6/14 dd.  21 March, 2014 “On the persons who undertake anti-Crimean activities, whose residence in the  territory of the Republic of Crimea is undesirable” (12.09.2015) This decision specifies that entrance to and stay in Crimea is undesirable for a number […]
Свобода передвижения | Документ

The Treaty between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federationand on Forming New Constituent Entities within the Russian Federation

The Treaty between the Russian Federation and the Republic of Crimea on the Accession of the  Republic of Crimea to the Russian Federationand on Forming New Constituent Entities within the  Russian Federation. This quasi-treaty was signed on 03.18.2014 by the self-proclaimed leaders of the Autonomous Republic of Crimea and the city of Sevastopol (in particular, […]
Свобода передвижения | Документ

The Law of the Russian Federation “On the Right of Citizens of the Russian Federation to Liberty of Movement and Freedom to Choose their Place of Stay and Residence within the Russian Federation”

The Law of the Russian Federation “On the Right of Citizens of the Russian Federation to Liberty of  Movement and Freedom to Choose their Place of Stay and Residence within the Russian  Federation” The law is in force since 01.10.1993 and guarantees for citizens of the Russian Federation the right to liberty of movement and […]
Право собственности | Документ

The Resolution of the Cabinet of Ministers of Ukraine “On Approval of the procedure for entering and exit from the temporarily occupied territory of Ukraine» No 367 of 4 June 2015

The Resolution of the Cabinet of Ministers of Ukraine “On Approval of the procedure for entering  and exit from the temporarily occupied territory of Ukraine» No 367 of 4 June 2015 This Procedure came into force on 06.10.2015 The document, in particular, establishes the Procedure for issuing special permits to foreign citizens and stateless persons, […]
Право собственности | Документ

The Law of Ukraine “On Securing the Rights and Freedoms of Citizens and the Legal Regime on the Temporarily Occupied Territory of Ukraine”

The Law of Ukraine “On Securing the Rights and Freedoms of Citizens and the Legal Regime on  the Temporarily Occupied Territory of Ukraine” The law was adopted on 15  April 2014  and  came  into  force  on  27  April  2014.  Art.  10  of  the  Law guarantees  the  right  to  free  and  unrestricted  entry  of Ukrainian citizens […]
Свобода передвижения | Документ

Guidelines on Population Registration (OSCE Office on Democratic Institutions, 2009)

Guidelines on Population Registration (OSCE Office on Democratic Institutions, 2009) Paragraphs 1.3.2, 2.3.5 and 2.4.3 of the Principles are of particular interest in the context of liberty of movement. 1.3.2 Freedom of Movement Freedom of movement and the free choice of a place of residence within a country are among the basic human rights guaranteed […]
Свобода передвижения | Документ

The Helsinki Final Act of the Conference on Security and Cooperation in Europe

The Helsinki Final Act of the Conference on Security and Cooperation in Europe The act was signed on 01/08/1975. The document in the context of the raised theme requires the States to guarantee liberty of movement, in particular, to ensure family reunification, travel for personal or professional reasons, contacts and regular meetings on the basis […]
Свобода передвижения | Документ

Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms The European Convention was adopted on 11.4.1950 and originally contained no guarantees of liberty of movement. Relevant provisions were supplemented to the Convention by the Protocol No. 4 only on 09.16.1963. Ukraine signed this Protocol together with the main part […]