Judicial constitutional normative control in the area of freedom of movement regulation
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 4
, 2025
Rubrics: STATE. SOCIETY. LAW
Authors:
1.
Samara University
(kafedra gosudarstvennogo i municipal'nogo upravleniya, docent)
employee from 01.01.2024 until now
Samara, Russian Federation
employee from 01.01.2024 until now
Samara, Russian Federation
Type:
Article
Pages:
from 122
to 129
Status:
Published
Received:
21.08.2025
Accepted:
11.10.2025
Published:
22.12.2025
Language:
Russian
Keywords:
Movement, freedom of movement, migration, legal uncertainty, constitutional proceedings, applicant, complaint, legal space.
Abstract (English):
Introduction. The article presents the results of a study of the content of the right to free movement, its evolution and problems of legislative regulation, in particular in the context of adjusting the directions of migration policy and the need to enhance the level of national security of Russia. Using specific examples, the author demonstrates the importance of the role of the Constitutional Court of the Russian Federation in resolving law-making issues. Methods. A combination of general and specific scientific methods of cognition (analysis, synthesis, generalization, methods of statistics and comparative law, etc.) made it possible to conduct a comprehensive study of the right to free movement, to determine the role of the Constitutional Court of the Russian Federation in the mechanism for eliminating uncertainty in the sphere of freedom of movement regulation. Results. Despite the fundamental nature of the right to free movement, it is not absolute. The legislation provides for various restrictions. Their list has been repeatedly expanded since the adoption of the Constitution of the Russian Federation, including in connection with the critical increase in the number of foreign citizens who arrived in our country, some of whom did not have legal grounds for doing so, and some did not lead a law-abiding lifestyle. In this regard, the powers of agencies implementing measures to respond to migrant offenses were expanded, including administrative expulsion, deportation, and other measures. Legislative adjustments were also made to restrict freedom of movement in the context of the need to ensure the sanitary and epidemiological well-being of the population and prevent the spread of diseases. Monitoring the practice of constitutional litigation shows that citizens of both the Russian Federation and other countries often express dissatisfaction with the regulation of various aspects of freedom of movement. In cases where the Constitutional Court of the Russian Federation agreed with the applicants' position, it not only removed unconstitutional provisions from the legal system, mandating the necessary amendments and additions to legislation, but also acted as a «negative legislator».
Introduction. The article presents the results of a study of the content of the right to free movement, its evolution and problems of legislative regulation, in particular in the context of adjusting the directions of migration policy and the need to enhance the level of national security of Russia. Using specific examples, the author demonstrates the importance of the role of the Constitutional Court of the Russian Federation in resolving law-making issues. Methods. A combination of general and specific scientific methods of cognition (analysis, synthesis, generalization, methods of statistics and comparative law, etc.) made it possible to conduct a comprehensive study of the right to free movement, to determine the role of the Constitutional Court of the Russian Federation in the mechanism for eliminating uncertainty in the sphere of freedom of movement regulation. Results. Despite the fundamental nature of the right to free movement, it is not absolute. The legislation provides for various restrictions. Their list has been repeatedly expanded since the adoption of the Constitution of the Russian Federation, including in connection with the critical increase in the number of foreign citizens who arrived in our country, some of whom did not have legal grounds for doing so, and some did not lead a law-abiding lifestyle. In this regard, the powers of agencies implementing measures to respond to migrant offenses were expanded, including administrative expulsion, deportation, and other measures. Legislative adjustments were also made to restrict freedom of movement in the context of the need to ensure the sanitary and epidemiological well-being of the population and prevent the spread of diseases. Monitoring the practice of constitutional litigation shows that citizens of both the Russian Federation and other countries often express dissatisfaction with the regulation of various aspects of freedom of movement. In cases where the Constitutional Court of the Russian Federation agreed with the applicants' position, it not only removed unconstitutional provisions from the legal system, mandating the necessary amendments and additions to legislation, but also acted as a «negative legislator».
Keywords:
Movement, freedom of movement, migration, legal uncertainty, constitutional proceedings, applicant, complaint, legal space.
Movement, freedom of movement, migration, legal uncertainty, constitutional proceedings, applicant, complaint, legal space.
