Проблемы административной ответственности за проживание гражданина Российской Федерации без регистрации по месту пребывания

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Abstract: The research object is the range of social relations in the sphere of residence registration of the citizens of the Russian Federation and administrative liability for the absence of the residence registration in the living accommodation. The research subject covers the provisions of the article 19.15.1 of the Code of Administrative Offences of the Russian Federation, and the provisions of the Constitution of the Russian Federation and the Federal Law of 25 June 1993 № 5242-1 (version of 31 December 2014) “On the right of citizens of the Russian Federation to the freedom of movement and residence within the territory of the Russian Federation”. The leading research method is the dialectical approach together with the critical vision of the gaps and the drawbacks of the legislation in the sphere of registration, and the liability for its violation. The author offers to limit administrative liability for residing without a registration, and to impose it only on the potentially dangerous citizens of the Russian Federation. The residence registration and the liability for its absence should be abolished for law-abiding citizens. The necessity to have a residence registration for law-abiding citizens hampers the implementation of the right to the freedom of movement and residence. The residence registration should be obligatory for the citizens having a criminal record for intentional crimes, having asocial way of life, registered in narcological or psychoneurologic dispensaries, or other socially dangerous persons. 

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