Rus Articles Journal

Registration and registration. In what sense and distinction of these concepts?

the Registration, registration - these concepts, without exaggeration, entered our flesh and blood. So that by the majority it is perceived as a synonym of the right for housing.

To be surprised here, frankly speaking, there is nothing. Very much can be that ahead of us waits for the next great opening of the British scientists who will establish that century tradition to be legally attached to the residence at us, Russians, it is put in a genetic code.

The beginning of this nice tradition is put by Peter I. The Russian State extremely needed control and deduction on places serf, in replenishment of army by recruits. We habitually connect a serfdom with the unfortunate and peasantry deprived of civil rights. However even noblemen in the 17th century - and those were serfs. With 15 - summer age the nobleman was obliged to serve on military service. Or on civil - if it was sickly and it is ailing. However, Peter I, as they say, put the clamps, and in his reign the servitude became just intolerable. In those days thanks to the progressive tsar-father the system in Russia directed to the solution of the major national objectives was put. It both collecting subear taxes, and receiving educated experts by the direction them abroad, protection of the country against enemies, prevention of revolt from the disadvantaged. Well what system in Russia at that time could correspond most fully to the solution of national objectives how not passport? It also became the powerful base of a structure of the state life the next centuries.

So bad habit of the state to solve the problems at the expense of the personality, her interests and freedom - the invention not of today. And even - not Stalin time. It is our inheritance of that century tenor of life which, on the one hand, allowed to stand to the state and to become great, and with another - did not allow to consider the personality as something, deserving attention.

In 1762 Peter III for half a year of the kingdom managed to liberate noblemen. The last did not object. Having used gift of freedom, they were engaged in to what the soul lay - someone remained to serve, someone began to write verses or to live fast in binges, and even went abroad.

Historical value of year 1861 - go is well-known. Current, 2011, is celebrated as 150 - the anniversary of cancellation of a serfdom. In - the general, 150 years of freedom. On the one hand - a great event. With another - it is necessary to understand that in the history there are no periods only black and only white. Therefore you should not represent a social system of Russia of the period of a serfdom only as east despotism with the nothing constrained, completely uncontrolled power. Just as the ordinary concept “democracy“ is not settled by idea of the real power of the people. So, before coming to power of Peter I, until the end of the 17th century, in Russia there were territorial cathedrals. It is remarkable, as in the times of troubles the power understood need to somehow limit itself, adopted the relevant laws. Simple people, when the patience came to an end, demanded from the power not only more full life, but also need to reckon with their rights. And where there is a right, there is freedom. Therefore it is impossible to claim that thirst for slave situation at Russians in blood. Russians in blood have all - both serfdom fetters, and numerous attempts to dump them. I think, it is worth remembering the last especially. The slave understanding, that fetters is what it is necessary to get rid of, not the slave any more.

Throughout the next centuries the developed system of the account and control of the population was in every possible way ground and improved. Alas, not in the liberal party. To be fair I will note that there was in our history a moment when the population found full freedom, found the right to decide - to receive the passport or not, and also lost restrictions for a freedom of movement by such criteria as a nationality, an occupation, a property status. And such freedom came as not strange it sounds, from the Bolsheviks who cancelled passport system after revolution and also restriction for movement of the population.

Such happiness lasted quite long period - till 1932. But here in time the threat found by Bolsheviks from mean counterrevolution and the rallied enemies of the people forced them to enter urgently uniform passport system and a registration that, actually, and meant transition to repressive system of the total accounting of the population.

What was farther, it is known to all. The resolution “About Establishment of Uniform Passport System across USSR and an Obligatory Registration of Passports“ adopted in 1932 by the CEC and SNK USSR was directed to strengthening of totalitarian regime. Transition to repressive system of the account and control of the population - a registration was so carried out. Its contents revealed in a passport system and registration. This resolution a push to transition to became command - to administrative mechanisms of the solution of economic problems and the managements of the country for many decades ahead.

Events of three - four-ten-year prescription at all for anybody not secret.

So, registration. Without it will not employ. If accept - the head will bear responsibility administratively. There is no registration - there is no right to live where you live. There is in the apartment a registration, so there is a right for this apartment. In policlinic without registration - you will not be put. In - the general to live without registration it was inadmissible, it had title value for any actions of the citizen. Was one of the most sacred duties of the citizen.

Since then a lot of things changed.

the Existing Constitution of the Russian Federation gave to the citizens the broadest rights. And duties, certainly. How without them?

In particular, the registration was cancelled. The essence of registration at the place of residence is changed. The legislator officially recognized that to connect existence or absence of the rights (any) with registration - it is illegal. It - theoretically.

In practice registration at the place of residence - one of the most inconsistent not is right, not duties.

Inconsistent as at once even you will not tell, the right or a duty - an absolute necessity of registration at the place of residence (temporary residence) of they are citizens and aliens, men and women, newborns and long-livers, capable and not really. And solution of this question essentially. Still too receiving the major vital benefits in many respects depends on its existence or absence.

If this right, it can be carried out exclusively at will: I want - I am registered, I do not want - and I will not be. And so, if registration at the place of residence is the right, then why takes place to be Art. 19. 15 Codes of the Russian Federation on Administrative Offences, the established responsibility for accommodation without registration in the place of stay or at the place of residence, as well as for an accommodation assumption in occupied by the citizen or in the room of the persons which do not have registration belonging to it?

Means, it is logical to assume that all this a duty. Whereas to understand provisions of the Constitution of the Russian Federation and the Act of the Russian Federation “About the right of citizens for a freedom of movement, the choice of the place of stay and a residence“ according to which the possibility of realization of the right cannot be put into dependence on existence or lack of registration of the citizen at the place of residence? That is, on sense of this norm, you have the right to send the child to school, to address to that policlinic in which it is more convenient to you, but not in the place of residence; you have the right to vote even if you did not have a registration; you have the right to go to work, and to live in the apartment, despite the lack of registration at the place of residence.

And need of registration as was considered by officials of different colors as an indispensable condition of the admission to various benefits, and is considered. Try to write down the child in school or to address to any policlinic not in a place of registration. There also do not know that the registration is cancelled about 20 years.

However practice shows that the institute of the accounting of citizens, despite everything, becomes simpler and becomes more democratic.

So, the changes of Rules of registration of citizens accepted recently at the place of residence seemingly really simplified conditions and an order of registration, made it notifying. However responsibility for accommodation was still left without registration. Besides, any legal act suddenly you will not change psychology of the person. And we long will connect still a possibility of implementation of the rights with a treasured stamp in the passport.