TATISHVILI v. RUSSIA JUDGMENT
5
amended on 15 August 1996, the “1981 USSR law”). By virtue of section
32 its provisions were likewise applicable to stateless persons.
26. In implementation of the 1981 USSR Law, on 26 April 1991 the
USSR Cabinet of Ministers adopted resolution no. 212, whereby it approved
the Rules on the Stay of Foreign Citizens in the USSR (“the 1991 Rules”).
Those rules also applied to stateless persons and described the procedures
for entering and leaving Russia, obtaining documents for temporary
residence and permanent residence, etc.
C. Visa requirements for Georgian citizens
27. On 9 October 1992 nine member States of the Commonwealth of
Independent States (CIS), including the Russian Federation, signed in
Bishkek the Agreement on visa-free movement of citizens of member States
of the Commonwealth of Independent States throughout their territory (“the
Bishkek Agreement”). Georgia acceded to the Bishkek Agreement on
1 August 1995.
28. On 4 September 2000 the Russian Federation denounced the
Bishkek Agreement as of 3 December 2000. In the absence of a bilateral
agreement on visa-free exchanges between Russia and Georgia, Georgian
citizens were required to apply for a Russian entry visa from 5 December
2000.
D. Regulations on residence registration
29. On 25 June 1993 Russia adopted a Law on the right of Russian
citizens to liberty of movement and freedom to choose the place of
temporary and permanent residence within the Russian Federation
(no. 5242-I, the “1993 law”). Section 1 guaranteed the right of Russian
citizens to liberty of movement and freedom to choose the place of
residence, and extended the law's application to non-Russian citizens
lawfully residing in Russian territory. Sections 3 and 7 required a person to
apply for residence registration at a new address within seven days of
moving. Section 8 contained an exhaustive list of territories where this right
could be restricted (such as military settlements, environmental disaster
zones, etc.)
30. In order to implement the 1993 law, on 17 July 1995 the Russian
Government approved the Regulations for registration of temporary and
permanent residence of Russian citizens (no. 713). By Government
resolution no. 290 of 12 March 1997, the application of these Regulations
was extended to former USSR citizens arriving from the Commonwealth of
Independent States and the Baltic states. Section 9 of the Regulations
imposed a general duty to seek residence registration at any address where a
person intended to stay for longer than ten days. The person was required to