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§ 2.1 Is administrative-legal basis of modern systems Federal accounts of the Ministry of Internal Affairs of Russia in migration sphere

Considering an is administrative-legal basis of systems of federal accounts in migration sphere, first of all it is necessary to stop on accounts which are used for registration of the information on citizens.

For definition of the maintenance of concept "account" at first we will define its etymology. With that end in view it is necessary to address to the SI dictionary. Ozhegova in which the term "account" is presented in the form of several variants of interpretation: «the Account - 1. An establishment of presence of quantity something by calculations. The account the population (census). 2. Registration with entering in lists of the persons consisting somewhere» [65].

In the textbook «Information technologies of management in law-enforcement bodies» it is specified, that the account is a system of registration and storage of the information on the persons who have committed crimes, about crimes and the facts connected with them and subjects [66].

Addressing to history, it is necessary to notice, that in the beginning accounts were called as criminal registration. Such name reflected activity on registration of criminals. Thus collected information ordered to certain signs that promoted timely search of necessary data.

The decision of a problem of accumulation and storage of necessary data was carried out at all times existence of passport and visa activity and consisted in creation of various accounts. The account is a system of registration and storage of the information on any persons and the facts connected with them and subjects. In our country of uniform system of accounts in law enforcement bodies did not exist up to 1960. The basis of modern information service of law-enforcement bodies has been put in pawn in 1971 when at the Ministry of Internal Affairs of the USSR the Main information centre (GITS) has been formed, and in the Ministry of Internal Affairs and subjects - information centres (ITS).

In migration sphere accounts of citizens also were led. At initial stages analyzed accounts were led by divisions as a part of law-enforcement bodies. Subsequently in connection with reforming of the Ministry of Internal Affairs of Russia and allocation of Federal migratory service from its system in independent service accounts were led by its structural divisions and were in its conducting, and since April, 2016 FMS Russia has been abolished, and powers in migration sphere are again transferred the Ministry of Internal Affairs of Russia.

Now two kinds of accounts have affirmed as a supply with information of activity of the Ministry of Internal Affairs of Russia in migration sphere: registration and migratory accounts on which formation it is necessary to stop.

The modern legislation has established following definition of the registration account is «the state activity on fixing and generalisation of data on registration of citizens of the Russian Federation in a place of stay, registration of citizens of the Russian Federation on a residence, removal of citizens of the Russian Federation from the registration account in a place of stay and removal of citizens of the Russian Federation from the registration account on a residence within Russia. The registration account of the Russian citizens has notifying character and reflects the facts of arrival of the citizen of the Russian Federation in a place of stay or a residence, its findings in the specified place and departure of the citizen of the Russian Federation from a stay or residence place» [67].

The registration account of citizens of Russia is entered since 1993 instead of

The institute of the residence permit which have arisen in the USSR, also includes registration on a residence and registration in a stay place. The registration account is established with a view of maintenance of necessary conditions for realisation by citizens of the rights and freedom, and also execution of duties by them before other citizens, the state and a society. As bodies of the registration account of citizens of the Russian Federation territorial bodies and divisions concerning migration of the Ministry of Internal Affairs of Russia act.

Following kind of the account, besides registration, the migratory account is. The migratory account of foreign subjects and stateless persons in the Russian Federation is one of forms of state regulation of migratory processes and is directed on maintenance and execution of the Russian Federations of guarantees of observance of the common right established by the Constitution who lawfully is in territory of Russia, on free movement, a choice of a place of stay and a residence within Russia and other rights and personal freedoms, and also on realisation of national interests of the Russian Federation to migration sphere.

In the Federal act «About the migratory account of foreign subjects and stateless persons in the Russian Federation» following definition of the migratory account is fixed: it «the state activity on fixing and generalisation of data on foreign subjects both about stateless persons and about movings of foreign subjects and stateless persons» [68].

The given standard legal act regulates the relations arising at realisation of the account of movings of foreigners, connected with their entrance to the Russian Federation or departure for limits of the Russian Federation, and also their movement on territory of Russia.

It is necessary to notice, that the migratory account of foreigners in our country is one of forms of state regulation of migratory processes and is directed on maintenance and execution of the Russian Federations of guarantees of observance of the common right established by the Constitution who lawfully is in territory of Russia, on free movement, a choice of a place of stay and a residence within our country, and also on realisation of national interests of the Russian Federation in migration sphere.

The legal basis of the migratory account in the Russian Federation is constituted by the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, FZ «About the migratory account...» \

Speaking about the account as a whole, it is necessary to mean and the nature of the account, and not just its material expression - the fixed data. It is represented, that account procedure are actions on collecting and registration of registration data, their concentration and ordering, storage, search and transfer. It proves definition, that registration in migration sphere represents system of migratory and registration accounts in their material and functional expression.

The account form in the given research is understood as a way and the form of fixing and storage of the registration information. If earlier it there were every possible card files, lists, collections, a magnetic recording, albums, etc. now it is a question of the automated information systems, bases (banks) of data and other.

One of the account purposes is accumulation of registration data. The increase in an information file is necessary, of course, but not in itself, and as one of conditions of perfection of process of a supply with information of activity of the Ministry of Internal Affairs of Russia in migration sphere. Efficiency of it depends not only on volume of the information focused in information systems, but also, that is represented to more important, from accurate ordering of registration data, accumulation and preservation only demanded data. The urgency of the information constituting electronic accounts of modern information systems, depends on their maintenance.

In modern conditions before the Ministry of Internal Affairs of Russia both its territorial bodies and divisions there is a transition problem to granting of the state services and execution of the state functions in electronic form on the basis of wide use of the automated information systems.

In activity of divisions concerning migration of the Ministry of Internal Affairs of Russia the various automated information systems, in particular the State information system of the migratory account (GISMU), the Automated system «Russian passport» (the EXPERT «the Russian passport), the State system of manufacturing of registration of the control of passport and visa documents of new generation (GS PVDNP), the Central databank under the account of foreign subjects and stateless persons (AIS TSBD UIG) are used, etc.

The named information systems to the full correspond to operating standard legal base, namely: to federal acts «About ratification of the convention of the Council of Europe about protection of physical persons at the automated processing of personal data», «About the information, information technologies and about information protection», «About personal data»; to the Decree of the President of the Russian Federation «About the basic document proving the identity of the citizen of the Russian Federation in territory of the Russian Federation»; to the governmental orders of the Russian Federation «About the state information system of the migratory account», «About the position statement about the passport of the citizen of the Russian Federation, the sample of the form and the description of the passport of the citizen of the Russian Federation», «About the Position statement about creation, conducting and use of the central databank under the account of foreign subjects and the stateless persons temporarily sojourning and temporarily or constantly living in the Russian Federation», etc. [69].

The account of citizens of the Russian Federation, foreign subjects and stateless persons in the Russian Federation has special value for personal right realisation on a freedom of movement, a choice of a place of stay and a residence, promotes the prevention and suppression of offences, search of the persons disappearing from vessels and law enforcement bodies (police) and is assigned to information system GISMU.

GISMU provides storage and processing of the information on the physical persons who were in territory of the Russian Federation (the Russian citizens, foreign subjects and stateless persons), the analytical information, the infrastructural information and electronic documents. Storage and information processing is carried out in programmnoapparatnyh the complexes meted on territory of the country and connected by the heterogeneous environment of data transmission.

Now suppliers of data in information system are the Ministry of Internal Affairs of Russia, the Ministry of Foreign Affairs, FSB, FNS Russia, and also other public authorities and local government in the cases established by the legislation.

Users GISMU are interested federal public authorities, their structural divisions, territorial bodies of federal enforcement authorities, public authorities of subjects of the Russian Federation, other state bodies and local governments, and also the organisations in the cases established by the legislation. Access to information systems free also is carried out on the basis of the agreement on an information exchange of data.

Basic structural element GISMU - the EXPERT «the Russian passport» - unique in own way information system of the account of the given out, lost (stolen) and void passports (forms of passports) Russian citizens. For the present moment this system contains the information on 268 193 639 passports, including lost and

The void.

The EXPERT «the Russian passport» allows law-enforcement bodies to carry out smoothly monitoring of the centralised database about passports. The system allows to carry out the registration account of citizens of Russia, the account of the given out and void passports, and also forms of passports in an automatic mode, now it functions in 85 regions of our country.

Basic purpose the EXPERT «the Russian passport» are maintenance of information support of procedures of activity of migratory service on granting of the state service in delivery, replacement and on execution of the state function under the account of passports of the citizen of the Russian Federations proving the identity of the citizen of the Russian Federation in territory and outside of the Russian Federation, and the registration account with a view of the further perfection of activity of divisions, developments of automation of information accounts and document circulation, and also the automated information interaction of divisions concerning migration of the Ministry of Internal Affairs of Russia with the authorised bodies of the government within the limits of information interaction GISMU [70 [71].

In world practice for a long time exist and successfully passport documents of new generation function. In connection with necessity of maintenance of national safety, strengthening of counteraction of illegal migration, and also perfection of procedures of passport control of one of priority problems for our country in the end of 2004 there was an introduction in the reference of passport and visa documents of new generation. For the purpose of information safety and protection of documents against fakes the decision on use in passport and visa documents of electronic and biometric technologies was accepted.

The state system of manufacturing, registration and the control of passport and visa documents of new generation (GS PVDNP) is formed with a view of maintenance of national safety and counteraction of illegal migration since 2005, after approval of the Concept of its creation [72]. Use in passport and visa documents of electronic and biometric technologies essentially raises level of protection of documents from fakes.

The given system includes: manufacture of forms of the passport of new generation, a documents acceptance at citizens and reception of biometric parametres, the coordination of delivery of the passport with divisions of the Ministry of Internal Affairs of Russia, FSB of Russia and others to departments and the control of already given out documents.

The passport for travel abroad of the new sample uses principles biometrii, that is by means of digital parametres transfers individual biometric characteristics of the person, and also other data ciphered in electronic form.

Uniqueness of the passport of new generation consists in a microcircuit - the electronic chip which settles down in the first page.

The contactless microcircuit also is implanted into this plastic page with the aerial (chip) where the personal data of the person containing on the first page of the passport register: a digital colour photo, a surname, a name and a patronymic, a birth date and birth place, a floor, passport number, date and body of delivery of the document, an expiry date of the passport and a copy mashinoschityvaemoj zones. All information for visual perception is brought by a method of a laser engraving in the passport form, and the information for electronic processing - in its microcircuit (chip). It is made for the purpose of protection of the passport against fakes as the basic infringements are connected from a resticky photo.

The microcircuit contains non-volatile memory in volume of 72 kilobytes, and in it it is possible to place also the additional biometric information. Initially also it was supposed, that such characteristics there will be a little, for example, finger-prints, a photo of a retina of an eye and distance between pupils, an image of an iris of the eye of eyes and other identification signs of the person. At the same time now one parametre - distance between pupils is used only. It that fact also speaks, that for passports for travel abroad of new generation "biometric" photos, instead of usual, as earlier are used.

It is represented, that by means of passports for travel abroad of new generation transition through border becomes much faster and is easier, having saved time thanks to installation of the special equipment which is reading out the information from the document in an automatic mode. For our country it is a direction is perspective.

Such passports already stand out in the USA, Austria, Belgium, Germany, the Netherlands, Norway, France, Sweden, is planned to begin their delivery in Poland, Portugal, Slovenia, Finland, Czechia, etc.

In System obligatory storage and record in PVDNP the digital image of the person of the citizen of the Russian Federation of the passport for travel abroad filing application on delivery, as the primary biometric characteristic of the person for identification are provided.

Further it is supposed, that the fingerprint as it provides the best decision of procedures of identification in databases can be the secondary biometric characteristic of the person. It is the oldest and most developed biometric characteristic of the person which is already used by all EU countries in own national databases.

It is necessary to notice, that participants GS PVDNP as interdepartmental system, besides the Ministry of Internal Affairs of Russia, are FSB, Ministry of Transport, the Ministry of Finance, FSO Russia, etc. Each of the departments set forth above executes the powers, and the leading part in the course of introduction in the reference pasportnovizovyh documents of new generation belongs to the Ministry of Internal Affairs of Russia.

In the conditions of dynamically developing Russian economy and its integration into the world economy with a view of the decision of a certain circle of social and economic problems the operative information on a current condition of the population on a number of social groups as in territorial formations of various level, and as a whole on the country is required to the Government of the Russian Federation.

Exact data about a direction and intensity of migratory flows allow to raise essentially reliability of forecasts and to carry out intelligent social and economic and scientific and technical to the policy.

The external migration for many states became the important factor of their economic and social development. The massive migration beginning on territory of our country is necessary for 90th years of XX century, and now Russia takes the second place after the USA by quantity of external migrants - more than 12 million persons.

Long-term practice of activity of the Ministry of Internal Affairs of Russia in sphere of migration and other law enforcement bodies on maintenance of a steady mode of stay of YOKES and LBG on state territory has convincingly shown, that increase of efficiency of functioning of all machinery of government and the control over a migratory situation in the country is possible only under condition of the timely and effective account of entrance, departure and stay in territory of Russia of all categories of foreigners.

The account of YOKES and LBG plays the important role in business of realisation of their rights and legitimate interests, including the rights to a freedom of movement on territory of Russia, promotes the prevention and suppression of offences, counteraction of illegal migration, strengthening in the law and order country.

The foreign subjects who are in territory of Russia, are obliged to have at themselves the valid passports for travel abroad registered when due hereunder, visas or invitations, migratory cards and to show them under the first requirement of competent bodies.

The account is necessary for carrying out in all territory of the country, to accumulate registration data in a uniform information database with providing of access to it from any point of registration, the account and the control over stay of foreigners.

In the Federal act «About the migratory account...» The migratory account is understood as the state activity on fixing and generalisation of data on foreign subjects both about stateless persons and about movings of foreign subjects and the stateless persons [73] provided by the specified standard legal act.

In federal enforcement authorities of the Ministry of Internal Affairs of Russia, the Ministry of Foreign Affairs of Russia, FSB of Russia, FNS Russia function or are at a stage of creation of the automated information systems (AIS) and the corresponding information resources necessary for realisation of registration, the account and the control over entrance, departure and stay in Russia foreign subjects are formed. However practice shows, that available AIS do not allow to provide the complex decision of problems of the account of foreign subjects in Russia.

Listed above created and newly founded departmental AIS are intended for the decision of private problems. These systems work independently and yet have no real possibility to function as a part of the uniform integrated complex.

Unjustified duplication of the information is thus observed, there is no operative interdepartmental data exchange, an order of search, gathering, processing, cataloguing, archiving and information actualisation, and in a due measure integrated approach and reliability of accumulated information resources in some cases are not provided.

The specified factors, and also existing interdepartmental dissociation have caused acceptance of the governmental order of the Russian Federation «About the Position statement about creation, conducting and use of the central databank under the account of foreign subjects.„ »‘ (TSBD UIG).

The purpose of creation TSBD UIG was increase of efficiency of a supply with information of activity of corresponding federal enforcement authorities under the account of YOKES and LBG on the basis of introduction of perspective means hardware-software and informatsionnotelekommunikatsionnogo, legal and resource maintenance.

TSBD UIG represents the specialised interdepartmental automated information subsystem containing the information on foreigners, driving, sojourning (living) and leaving of the Russian Federation, intended for joint conducting and use by interested federal bodies of the executive

1 About the Position statement about creation, conducting and use of the central databank under the account of the foreign subjects temporarily sojourning and temporarily or constantly living in the Russian Federation, including participants of a government program on assistance rendering to voluntary resettlement in the Russian Federation the compatriots living abroad: the governmental order of the Russian Federation from April, 6th, 2005 № 186//SZ the Russian Federation. 2005. № 15. Item 1348.

The authorities and being a component of the state information system of the migratory account [74 [75] [76].

The basic standard base for conducting TSBD At YOKES are: federal acts «About a legal status of foreign subjects in the Russian Federation","About the information, information technologies and

To 0 protection of the information », the governmental order of the Russian Federation« About the Position statement about creation, conducting and use of the central databank under the account of the foreign subjects temporarily sojourning and temporarily or constantly living in the Russian Federation, including participants of the Government program on assistance rendering to voluntary resettlement to the Russian Federation compatriots living abroad »[77], order Minekonomrazvitija of Russia, Minkomsvjazi Russia from March, 10th, 2006« About conducting and use of the central databank under the account of foreign subjects and the stateless persons temporarily sojourning and temporarily or constantly living in the Russian Federation »[78], etc.

As a result of creation and introduction TSBD UIG have been provided reduction of volumes manual and, as consequence, work total amount on information processing at simultaneous increase of its completeness, reliability and an urgency; increase of efficiency of processing of the information; unification of the is standard-help and legal information, entrance and target documents, descriptions of information objects and rules of the task and granting of their requisites that promoted functioning TSBD UIG as interdepartmental information system; increase of efficiency and completeness of distribution and transfer of the organizational-administrative and is standard-help information between divisions of different level; increase of efficiency and completeness of information interchange with external sources: the state governing bodies, and also authorities of subjects of the Russian Federation; maintenance of operative access of users to databases TSBD UIG is direct from workplaces of users; Construction of the modern information-telecommunication environment providing data exchange at the decision of functional problems with guaranteed level of information safety.

It is represented, that for more effective utilisation of accounts in migration sphere it is expedient to consolidate various kinds of accounts in uniform system. The integrated system assumes an establishment of set of correlation communications between objects of different kinds of accounts.

For the present moment creation of effective system of the integrated accounts probably only in the form of the automated systems as manually increased quantity of existing accounts of a message is practically impossible.

Such systems will allow qualitatively and to solve operatively the problems facing to search systems: in the shortest terms to make accumulation, updating, updating of data about persons, subjects (including sledovuju the information, the information on samples for comparative research), search and information delivery by inquiries.

In a number of the states already create the automated integrated databanks from samples for the comparative research, received at the persons detained for fulfilment of crimes. So, for example, in Byelorussia in automated dactyloscopic identification system "Дакто-2000" there is a possibility of parallel conducting not only ekspertno-kriminalisticheskih accounts, but also other kinds of criminalistic registration: «pofamilnyj the account», "Video account", «Passport system».

At repeated increase in volumes of the information which will occur during merge of different kinds of accounts in the integrated system, reception of the new significant information is possible only as a result of application of the newest information technologies.

The integrated systems including a complex of various kinds of accounts, only have started to be created. Examples of successful introduction of these systems in practice are especially valuable. So, in the USA since 1997 creation of the integrated automated system of identification of finger-prints of hands (IAFIS) is led.

Primary goal IAFIS - to give to law enforcement bodies high-quality system of identification and to render other information services guaranteeing representation of full and exact answers to received FBI in the electronic way inquiries about finger-prints of hands.

Domestic developers (mainly for law-enforcement bodies) have programs of fixing and formation of a uniform database of different kinds of accounts. However they are not search systems of the integrated accounts.

Now in migration sphere the imperative need of working out and introduction of automatic information systems with the integrated accounts in which it will collect, be systematised and be processed not homogeneous, but the diverse information by the nature about various objects of the account with a view of modernisation and perfection of a supply with information of passport and visa activity of the Ministry of Internal Affairs of Russia in migration sphere has ripened.

In favour of the given statement results of questioning of 213 employees of law enforcement bodies in which course of 94,4 % of respondents have expressed opinion on necessity of formation of the integrated accounts for uniform information system of the Ministry of Internal Affairs of Russia in migration sphere testify.

According to examinees, dactyloscopic accounts (so 74,6 % of respondents), then adresno-help (10,8 % of respondents have expressed), a photo (7,9 % of respondents) and others, including biometric (6,7 % of respondents) [79] first of all should be integrated.

In this connection it is represented, that the basic data which will be included originally into the integrated accounts, become dactyloscopic, adresno-help and a photo (gabitoskopicheskie).

Today there are powerful preconditions of association of the listed accounts in the integrated system. So, for example, the automated dactyloscopic accounts of law-enforcement bodies already successfully function, to which are practically attached (on example ADIS "Papilon") automated gabitoskopicheskie accounts. And in a number of regions of the Russian Federation genomnaja registration - identification of the person on genes already takes root.

Besides, the precondition of creation of the integrated accounts is the decision of questions of is administrative-legal regulation and organizational-methodical maintenance of this process.

It is represented, that as a legal basis of creation of the integrated accounts the developed and approved order of the Ministry of Internal Affairs of Russia «About measures on creation and use integrated dactyloscopic, adresno-help, a photo (gabitoskopicheskih) accounts divisions of Central administrative board concerning migration of the Ministry of Internal Affairs of the Russian Federation» [80] could act.

Thus, on the basis of the above-stated it is possible to draw following conclusions.

1. Modern systems of federal accounts of passport and visa activity of the Ministry of Internal Affairs of Russia in migration sphere concern: the State information system of the migratory account (GISMU), the automated system «Russian passport» (the EXPERT «the Russian passport»), the State system of manufacturing, registration, the control of passport and visa documents of new generation (GS PVDNP), and also the central databank under the account of foreign subjects and stateless persons (AIS TSBD UIG), etc.

2. In migration sphere has ripened necessity of working out and introduction of automatic information systems with the integrated accounts in which the diverse information by the nature about various objects of the account with a view of modernisation and perfection of a supply with information of passport and visa activity of the Ministry of Internal Affairs of Russia will collect, be systematised and be processed.

3. An effective utilisation of the information resources stored in federal automated systems of accounts, probably, under condition of perfection of a supply with information of activity of enforcement authorities in the field of management of the migratory phenomena.

4. As a legal basis of information systems with the integrated accounts it is represented expedient to develop and approve the order of the Ministry of Internal Affairs of Russia «About measures on creation and use integrated dactyloscopic, adresno-help, a photo (gabitoskopicheskih) accounts divisions of Central administrative board concerning migration of the Ministry of Internal Affairs of the Russian Federation».

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A source: STOLJAROVA Zynaida Nikolaevna. is administrative-LEGAL REGULATION of the SUPPLY WITH INFORMATION of PASSPORT AND VISA ACTIVITY of the MINISTRY OF INTERNAL AFFAIRS of the RUSSIAN FEDERATION In MIGRATION SPHERE. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

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More on topic § 2.1 Is administrative-legal basis of modern systems Federal accounts of the Ministry of Internal Affairs of Russia in migration sphere:

  1. § 2.2 Is administrative-legal regulation of interaction of the Ministry of Internal Affairs of Russia and federal enforcement authorities at application of information resources in migration sphere
  2. § 2.3. Perfection of is administrative-legal regulation of a supply with information of passport and visa activity of the Ministry of Internal Affairs of Russia in migration sphere
  3. § 1.1 Concept and essence of a supply with information pasportnovizovoj activity of the Ministry of Internal Affairs of Russia in migration sphere
  4. the Chapter I. Essence, a legal basis and a modern condition of frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphere operativnorozysknoj activity
  5. THE APPENDIX № 3 EXPLANATORY NOTE TO THE PROJECT OF THE ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA «ABOUT MODIFICATION OF THE STANDARD LEGAL ACT OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA»
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  7. CHAPTER 1 Theoretical and is administrative-legal bases of a supply with information of activity of the Ministry of Internal Affairs of Russia in passport and visa sphere
  8. STOLJAROVA Zynaida Nikolaevna. is administrative-LEGAL REGULATION of the SUPPLY WITH INFORMATION of PASSPORT AND VISA ACTIVITY of the MINISTRY OF INTERNAL AFFAIRS of the RUSSIAN FEDERATION In MIGRATION SPHERE. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017, 2017
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