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On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of July 19, 2017 No. 22-P

On the case of check of constitutionality of provisions of part 1 and Item 2 of part 2 of article 20 of the Federal law "About Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" in connection with claims of citizens of the USA N. D. Vorden and P. D. Oldkhem

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of citizens of the USA N. D. Vorden and P. D. Oldkhem - lawyers S. A. Golubk and M. Yu. Zhirova, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation T. V. Kasayeva, the representative of the Federation Council - Candidate of Law Sciences E. Yu. Egorova, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of provisions of part 1 and Item 2 of part 2 of article 20 of the Federal law "About Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" in open session.

Reason for consideration of the case were claims of citizens of the USA N. D. Vorden and P. D. Oldkhem. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As both claims concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these claims in one production.

Having heard the message of the judge-speaker K. V. Aranovsky, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Ministry of Internal Affairs of the Russian Federation - G. V. Marjan, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 20 of the Federal Law of July 18, 2006 No. 109-FZ "About migration registration of foreign citizens and stateless persons" the foreign citizen in case of stay in the place of stay shall be registered in the Russian Federation in the place of stay according to the procedure and on conditions which are established according to this Federal Law or the international treaty of the Russian Federation (part 1); in the place of stay the foreign citizen who is temporarily living or temporarily staying in the Russian Federation after seven working days from the date of arrival in the place of stay is subject to registration, except as specified, when he is in hotel or in other organization rendering hotel services in sanatorium, rest house, boarding house, camping, on tourist center, in children's recreation camp, the medical organization providing medical care in stationary conditions, or the organization of social servicing or is in the organization of social servicing providing social services to persons of no fixed abode or is in the organization performing administrative punishment (Item 2 parts 2).

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