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39 Harv. Int'l. L. J. 545 (1998)
The Demise and Resurrection of the Propiska: Freedom of Movement in the Russian Federation

handle is hein.journals/hilj39 and id is 551 raw text is: VOLUME 39, NUMBER 2, SPRING 1998 Recent Development THE DEMISE AND RESURRECTION OF THE PROPISKA: FREEDOM OF MOVEMENT IN THE RUSSIAN FEDERATION* Noah Rubins** The weakening and subsequent dissolution of the Communist re- gime in Russia created widespread hope that the restrictive residence permit system known as propiska would be abandoned, ensuring free- dom of movement for Russian citizens.1 Despite significant liberaliza- tion of the legal regime governing freedom of movement, Russian citizens still face major restrictions. The struggle over the resilient propiska reveals deep fissures in Rus- sia's federal structure and highlights the inability of the Constitutional Court and federal government to safeguard civil rights. The curtail- ment of the freedom may be a harbinger of graver problems for the Russian legal regime. Moreover, without unhindered circulation of its population, Russia is likely to face difficulties in the course of its economic development.2 However, neither the existence of pressure from the international community nor the exigencies of economic development are likely in the near term to overcome the internal forces maintaining the propiska. * All translations are those of the author, unless otherwise noted. ** Noah Rubins is a J.D. candidate at Harvard Law School and an M.A.L.D. candidate at the Fletcher School of Law and Diplomacy. He has worked in the NGO sector in Kyrgyzstan, at the U.S. Embassy in Russia, and in private legal practice in Turkey. 1. See, eg., Sheila OLeary, Note and Comment, The Constitutional Right to Housing in the Russian Federation: Rethinking the Guarantee in Light of Economic and Political Reform, 9 AM. U. J. INT'L L. & Poiy 1015, 1036-37 (1994). 2. For a discussion of the effects of the freedom of movement on economic development in Russia, see generally LABOUR MAKuE DYNAmics IN THE RUSSIAN FEDERATION (O.E.C.D. ed., 1997). The relationship of free movement to economic growth is also well acknowledged in the United States and European Union. See, eg., Edwards v. California, 314 U.S. 160 (1941), the most heralded U.S. Supreme Court case to deal with the subject, in which Justice Byrnes relied almost exclusively on the Commerce Clause to invalidate California's Depression-era restrictions on in-migration. See also JACOBUS TENBROEK, THE CONSTITUTION AND THE RIGHT OF FREE MOVEMENT 8 (1955). In Europe, the free circulation of labor is considered one of the pillars of a unified European economy, along with the circulation of capital and merchandise. See Jean-Yves Cherot & Andr6 Roux, Libert6 de circulation des personnes et contrOle des changes dans la C.E.E., in LIBERTP DE CIRCULATION DES PaRSONNES EN DROIT INTERNATIONAL 113 (Maurice Flory & Rosalyn Higgins eds., 1988).

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