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§ 1.2. The Istoriko-legal analysis of formation and development

Supply with information of activity of the Ministry of Internal Affairs of Russia in pasportnovizovoj to sphere

Formation and development of passport and visa system (further - ) in our country at various times interested many scientists who allocated various historical stages of development, first of all, passport system.

So, for example, T.I.Zheludkova and A.N.trunk development of passport system in the USSR subdivide into 5 periods: the first (October, 1917-1920); the second (1921-1931); the third (1932-1941); the fourth (1941-1953); the fifth (1960-1970) 1.

In turn, with V.V. Sapelkina since time when has directly arisen and the system of the account of the population, and to ours has started to operate

9о 2

Stages of development of passport and visa system.

However the researches directly devoted to formation and development (periodization) actually a supply with information of passport and visa activity were not spent till now yet. Therefore the given aspect of offered work, being one of the first attempts to offer the specified periodization of historical development of a supply with information in passport and visa sphere, should have certain scientific value.

On the basis of studying of the domestic legislation in this area and other standard legal acts, the special scientific literature, archival materials and practice of activity of law-enforcement bodies, including police (militia), and divisions concerning migration attempt to define the basic stages is carried out

1 Zheludkova T.I., Trunks A.N. From history of formation and development of passport system in the USSR (October, 1917-1974). - M, 1990. С.4.

Sapelkina V.V.Obespechenie of the rights and freedom of citizens in activity passport - visa service of law-enforcement bodies: avtoref. diss. On soisk.... kand. jurid. Sciences. M, 2002. С.9.

Developments of a supply with information of their activity in pasportnovizovoj to sphere.

Rudiments of migratory system in Russia can be observed in the beginning of XIII century in a kind «travellers of reading and writing», then there was an initial formation of legislative base of institute of the account of the population and its supply with information.

The first elements of documenting and the population account are reflected in Russia already in Lavrentevsky annals 945 years. At that time the population account was led in the fiscal purposes, for podatnogo taxation, and in a mongolo-tatar yoke - for definition of the sizes of a tribute [48].

In XIV century Russian princes to all foreigners driving to Russia, and the Russian citizens going for its limits, gave out so-called travellers of the reading and writing and holiday letters patent which were the original certificate of their person.

Along with holiday reading and writing which still remain the basic documents proving the identity of the person, the set of other documents, such, for example, as perepisnye books, bills of sale, spiritual reading and writing, etc. continues to exist. Interestingly, what exactly information systems of the migratory and registration account from them, the truth, in the far future, will be formed.

The further development of system of the account of the population has received legislative fastening in Cathedral Ulozhenii 1649 which demanded identification card presence in the chapter VI «About travellers reading and writing in other states» and the chapter XVIII «About travellers reading and writing for sluzhilyh people of Siberia and the bottom Volga and travellers reading and writing for foreigners».

The major value in formation and development of the account of the population the act the "Poster" approved by Peter I in 1724 with which the establishment of passport system for podatnogo agricultural population [49] is connected, and also has received the Charter about passports and fluent, XIX century published in 30th by which the strict passport system [50 [51] is entered.

In the analyzed period of formation and development of the account the population proving the identity documents represented the hand-written paper form on which the information on citizens was fixed. In case of need modification of the given document they were carried out manually, without use of any adaptations and the special technics. It is represented, what exactly this time piece it is possible to consider as a stage in which are formed and even rudiments of a supply with information of passport and visa activity are fixed.

Thus, 945-1803 years can be defined as the first stage of development of registration-registration information relations and conditionally to call it as "hand-written".

The second stage originates since 1803 when for merchants, petty bourgeoises and peasants instead of the hand-written "printing" passports have been entered. Subsequently supply with information development in considered sphere is marked not only conducting printing passports, but also reform of passport system in connection with serfdom cancellation.

Subsequently Position about residence permits »[52] became the basic standard legal document regulating procedure of documenting of the population of Russia,«.

It is possible to notice, that the population account at the given historical stage has undergone considerable changes, and here printing passports (fig. 1) without any essential changes existed up to February bourgeois-democratic revolution of 1917.

Fig. 1. The passport of the sample of 1915

It is necessary to underline once again, that in the given period of formation and development of the account of the population the document proving the identity, represents not so hand-written paper form, and the printing document of the uniform sample on which form the special technics put numerous registration data. To the given document to make any changes, especially manually, it was rather inconvenient. It raised quality of the given document and protected it from fakes.

Thus, the analyzed interval of time covers 1803-1917 and is the second stage of a supply with information pasportnovizovoj activity which can be designated as "printing".

Following, the third, the stage covers the period with 1917 for 1932. Development of public relations in sphere of migration has demanded to raise requirements to the account and population documenting. In 1917 decree VTSIK and SNK RSFSR «About destruction of estates and civil ranks» 1 on November, 11th has been approved, that has caused necessity of entering

SOU OF RSFSR. 1917. № 3. С.31.

Respective alterations (additions) in registration data on the country population: there was a new point - the column "citizenship". In 1920 realisation of the normative acts regulating stay of YOKES and LBG in territory of our state [53] has been assigned to law-enforcement bodies.

The population account becomes more detailed, the quantity of the fixed data increases. Since January, 1st, 1924 identification cards for a period of three years containing following data were entered: adjusting data of the owner; a constant residence; a trade; a conscription; the marital status; the list of minor children. In the document at will of the addressee the photo could be pasted.

RSFSR «About a residence permit of citizens in city settlements», accepted on April, 26th, 1925, and the Instruction of People's Commissariat of Internal Affairs of RSFSR on application of the specified governmental order became one more aspect of perfection of the account and population documenting decision SNK. Since 1925 the residence permit institute for long years became an integral part of passport system of the Soviet state as one of forms of the account of the population. It is necessary to notice, that the organisation of a residence permit not only has considerably improved an activity supply with information in migration sphere, but also has expanded possibilities of adresno-help work.

The sharp increase in registration data has led to growth of information files in population documenting that demanded the uniform approach in official registration of papers and, as consequence, the further development of a supply with information in passport and visa sphere.

It is obvious, that noted changes were made both for the purpose of improvement of the account of the population, and for supply with information perfection as a whole.

It is necessary to notice also, that the passport undergoes set of technical changes: the numerous are brought in the document form

Registration data thanks to which it becomes easier to identify the citizen and to lead the better account of the population. All it became

Possible owing to wide introduction of means and development of a supply with information of activity in passport and visa sphere.

The given time piece is the third stage of development and perfection of a supply with information which covers 1917-1932. It can be called "identification".

Fig. 2. The passport of the sample of 1932

The following stage originates since 1932 is time of introduction uniform passport system, which, as well as its supply with information

The next years were improved for the purpose of strengthening of the state, improvement of service of the population. Since October, 1937 in steel passports

To paste a photo. During this period population accounts were led exclusively in a paper kind in the form of card files.

In 1952 in the Ministry of Internal Affairs of the USSR has been formed passport - a registration department to which various functions, including interaction with operative and judicial-investigatory bodies have been assigned, civil registration. Thus all these numerous accounts continued to be led in a paper kind.

According to position about the passports, the approved Ministerial council of the USSR on October, 21st, 1953, had been established the passport of the uniform sample (fig. 3).

Fig. 3. The passport of the sample of 1957

Information process in management sphere in our country begins in 60th years of the XX-th century: on March, 6th, 1966 there is a decision of the Central Committee of the CPSU and Ministerial council of the USSR «About work improvement on creation and introduction in a national economy of computer aids and the automated control systems» [54] therefore on creation and introduction of the automated control systems the status of the priority has been given works. From 1971 for 1975 2 364 automated control systems of different classes [55] have been introduced.

Position «About passport system in the USSR» has established the obligatory requirement about passport reception by all citizens who have reached of sixteen years of the USSR. With a view of maintenance of information safety and the account of external age changes of features of the owner of the passport in it three age photos were consistently pasted.

In 70th years of last century the quantity of departures of the Soviet citizens for state limits, and also number of the foreign subjects who have visited the USSR has considerably increased. Existing then a supply with information of activity of devices of visas and registration

(VIR) law-enforcement bodies as a whole and the statistical reporting in

Particulars, did not allow to analyze to the full activity of devices VIR, to make necessary administrative decisions, to provide with corresponding data interested departments and the organisations, therefore there was an objective necessity to modernise the statistical reporting, not only considering the basic changes which have occurred in activity of services VIR, but also eliminating problems and discrepancies. Such work has been spent, and since January, 1st, 1979 new forms of the statistical reporting are installed. As the Ministry of Internal Affairs of the USSR was supposed to process all information on electronic computers GNITSUI, additional requisites have been entered into all forms of the reporting: digital heading, code numbers of the countries of the state (citizenship) of foreign subjects, the control sum under columns etc.

The undertaken attempt of the decision of a problem of the automated processing of new forms of the statistical reporting has allowed to create the unified information system of the documentation «Statistics - OVIR». This system gave the necessary information for acceptance of administrative decisions, provided elektronno-computer facilities use, and also means on gathering, processing, storage and information deliveries. Its basis was constituted by uniform construction of forms of documents, unity of applied terminology and symbols, standardization of the requirements shown to unified documents.

The problem of replacement exit - entrance affairs by other source of the information was one more direction of perfection of a supply with information of activity of services VIR those years.

As one of variants of such data carrier the version of a punched card with regional punching has been developed. The developed punched cards have passed approbation in a number of the Ministry of Internal Affairs, the Departments of Internal Affairs and have shown good result. So, only in devices VIR of the Ukrainian Soviet Socialist Republic at application of punched cards it was annually saved more than 10 thousand man-hours of working hours.

However further it was necessary to refuse cards with the punched edge because of imperfection of the selector, absence of scissors of the puncher, primitiveness of mechanical coding (a cutting of cells) and information search process (prodevanie) spokes through certain apertures of all cards.

Introduction in action of a card without regional punching, so-called statements-questionnaires has been recognised expedient. They represented rectangular cards in the size 297x207 mm combined half-and-half. On a card columns for their filling with corresponding data are provided. It was in the long term supposed to create the uniform automated system (the conditional code number "Argus"). COMPUTER application at the official registration of papers, connected with entrance to the USSR foreign subjects, and also foreign trips of the Soviet citizens, certainly, promoted the further perfection of a supply with information of activity in passport and visa sphere.

The Supreme body of RSFSR approves on December, 22nd, 1991 the Declaration of the rights and freedom of the person and the citizen in which article 12, the rights of citizens to free movement and a place choice жительства1 are fixed that was reflected in the Law «About the right of citizens of the Russian Federation to a freedom of movement, a choice of a place of stay and a residence within the Russian Federation». Cancellation of institute of a residence permit as element of restriction of the rights of citizens became the important event in the analyzed period.

In the Constitution of the Russian Federation it is specified, that everyone who lawfully is in territory of the Russian Federation, has the right to move, choose a stay and residence place freely. Everyone can freely leave

Sheets SND RSFSR and VS RSFSR. 1991. № 52. Item 1865.

For limits of the Russian Federation. The citizen of the Russian Federation can free come back to the Russian Federation »1.

The governmental order of the Russian Federation from August, 10th, 1993 «About creation of the nation-wide automated system of manufacturing, registration and the control of passport and visa documents of new samples» 2 has defined an order of conducting the automated account of passport and visa documents for all period of their action.

In 1993-1995 skilled introduction of the automated system of manufacturing, registration and the control mashinoschityvaemyh passports for travel abroad and visas according to the standards accepted in the international practice, and on the basis of recommendations of the corresponding international organisations is developed and made.

At the given stage the account of passports is led by those departments which make out them, and by special cards of the account. As to the information on citizens of our country it is processed manually, without application of special technics. The account of passports for travel abroad is led by those ministries and departments which gave out them, also by special cards учета3.

THE PASSPORT

WTfKM ^njapkmchpkm THtttiiHt GGDZHLAJAIILLJA

Jf3 KiJtfyuft fjjff

ClUC-J? IUHUi OJL 3 ' fyn ** UU6 Jfcuiciutiatciisi/шЛека

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Fig. 4. The passport of the sample of 1994

1 SZ the Russian Federation. 2014. №31. Item 4398.

2 Meeting of certificates of the President and the Government of the Russian Federation. 1993. № 34. Item 3260.

3 Obidin B.C. Pressing questions of perfection of a supply with information of activity of service of visas and registration//the Collection. Problems of a supply with information of law-enforcement bodies. - M: Academy of the Ministry of Internal Affairs of the USSR, 1981. With. 76-88.

In the analyzed period step-by-step transition from accounts of passport system in the form of paper card files to accumulation of the given accounts in electronic form as to a certain information resource which should become the basis for formation of the subsequent automated databanks was carried out.

Otherwise to tell, at a considered stage accounts were led as in paper, and in electronic form. During the specified period active transfer of existing paper passport and visa accounts in an electronic kind and transition to computer processing of the information within the limits of the target program on working out and introduction of information technologies for automation of processes of processing of passport and visa documents and for the purpose of information interchange between interested bodies and departments under the population account was carried out. It is necessary to specify, that at the given stage formation, introduction and use of information systems became a prominent aspect of development and perfection of a supply with information of migratory service.

All migrations used in sphere information systems depending on technical realisation share on 3 kinds: the manual processing of the information mechanised, automated. In the analyzed period first two kinds of information systems operated: with the manual and mechanised processing of the information. Card files of address bureaus, information centres concern them, for example, etc.

Taking into account stated the given time piece it is possible to designate in borders 1932-2002 with a code name the "mixed" stage.

The fifth stage of development of a supply with information is marked by creation of the central databank under the account of foreign subjects, agrees corresponding распоряжения1. The considered stage is allocated in separate because in it, unlike all

SZ the Russian Federation. 2002 № 47. Item 4694.

Previous, the automated system of accounts, and uniform in all territory of Russia starts to prevail.

The decree of the President of the Russian Federation from March, 9th, 2004 № 314 as a part of the Ministry of Internal Affairs of Russia had been formed Federal migratory service by which have been transferred pravoprimenitelnye to function, functions under the control and supervision, and also functions on rendering of the state services in investigated sphere.

The governmental order of the Russian Federation from April, 6th 2005 года1 for the first time at federal level had been fixed creation of the central databank under the account of YOKES and LBG, representing the specialised interdepartmental automated

The information subsystem containing the information about YOKES and LBG, intended for joint conducting and use by interested federal enforcement authorities and being a component of the state information system migratory учета2.

At this stage, since March, 2005, the State system of manufacturing, registration and the control pasportnovizovyh documents of new generation (GS PVDNP) began to be formed. It is obvious, that use in passport and visa documents of electronic and biometric technologies essentially raises level of protection of documents from fakes.

The new Russian passport for travel abroad contains plastic page into which the contactless microcircuit with the aerial is implanted, in it the personal data of the person containing on the first page of the passport register. It is made for the purpose of protection against fakes of the passport,

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 to 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.

In the same place.

As the cores way of a fake of the passport is pereklejka photos. The microcircuit contains non-volatile memory in volume of 72 kilobytes, and in it it is possible to place also the additional biometric information, for example, finger-prints, the image of an iris of the eye of eyes and other identification signs of the person. For our country it is a perspective direction. The digital image of person PVDNP is entered since 2006.

Within the limits of carrying out of administrative reform the governmental order of the Russian Federation № 7791 on December, 20th, 2006 was accepted, one of the basic which subjects of legal regulation is modification of the description of the form of the passport of the citizen of the Russian Federation, allowing to strengthen its protective properties (hot lamination, laser punching of numbering of pages). Since March, 1st, 2007 according to the specified decision passports only the new sample began to stand out.

Fig. 5. The passport of the sample of 2007

Besides, with a view of revealing of the facts of a fake of passports territorial bodies of migratory service and their structural

SZ the Russian Federation. 2006. № 52 (3 ch.). Item 5596.

Divisions have been equipped by special devices for definition of authenticity of the passports, allowing to provide the control of ultra-violet properties of the protected marked sites, and also visual check of ways of the press of images, revealings of corrections, erasures and other infringements of a surface of the passport.

Territorial bodies of migratory service maintained complexes of formation of electronic photobank of statements for delivery (replacement) of the passport of the citizen of the Russian Federation for the purpose of their subsequent inclusion in the above-stated automated system.

It is necessary to specify, that the primary goal of development of the automated system is improvement of the integration module, allowing to carry out data exchange between divisions of migratory service and other interested federal enforcement authorities about quantity of all given out Russian passports.

In April, 2016 the Federal migratory service has been abolished, and powers in migration sphere are transferred the Ministry of Internal Affairs Russian Федерации1.

The investigated stage of development of a supply with information pasportnovizovoj activity of the Ministry of Internal Affairs of Russia in migration sphere is characterised by formation of the complete and rather significant high-grade branch sharing on accurately generated elements among which the important place on volume and value occupies a supply with information.

The analyzed period differs from previous, first of all, expansion of the list of subordinate legislation standard legal acts as additional tools of is administrative-legal regulation of migratory processes in our country. For this period it is characteristic

About government perfection in sphere of the control over a turn of narcotics, psychotropic substances and them prekursorov and in migration sphere: the Decree of the President of the Russian Federation from 05.04.2016 № 156//SZ the Russian Federation. 2016. № 15. Item 2071.

Obvious transition from the traditional paper form of delivery of the documents proving the identity of the citizen, to the electronic form, and also a considerable quantity of information files in information systems.

The time piece since 2002 on present time is the fifth stage in development of a supply with information and conditionally "automated" is called. It is the brightest and productive in respect of mass creation and introduction of the automated information systems and banks (bases) of data.

Conducting and application of accounts in electronic form becomes a prominent aspect of perfection of a supply with information of activity of the Ministry of Internal Affairs of Russia in migration sphere in the analyzed period, transition attempts to interdepartmental electronic interaction are undertaken, the automated systems which have gained now the greatest distribution in activity of migratory service are actively used.

It is represented, that the further perfection of processes of transfer and information accumulation in activity of the Ministry of Internal Affairs of Russia in migration sphere should be connected with technical achievements and active introduction of innovative technologies. Success of use of the named arsenal of means in many respects will depend on legal regulation of their application, from that, how much thoroughly employees of migratory divisions will study the specified means and systems, their possibilities and concrete scopes.

Probably, soon enough there will come time when the operating automated accounts of the population become insufficiently effective and for the purpose of their modernisation attempt of creation of the incorporated integrated accounts will be undertaken.

It is represented, that the integrated accounts of the Ministry of Internal Affairs of Russia in migration sphere should contain some elements of identification simultaneously in one database, for example, not only a surname, a name and a patronymic of the citizen, a place and year of its birth, data on registration, but also the digital image of appearance of the citizen (it is possible, in a format 3D), the given retinas of an eye, papilljarnye patterns of fingers and palms of hands (dactyloscopic data), soundtracks (samples of a voice), other data. It is not excluded, that the given period will begin with the moment when the assumptions stated in the present research, will be officially fixed at legislative level and will find the reflexion in standard legal acts. This future (sixth) stage can carry the conditional name "integrated".

Fig. 6. A universal electronic card of the sample of 2015

Thus, the basic changes occurring to forms and kinds of documents, proving the identity of the citizen, fixed by the legislation, have found the reflexion in the offered periodization of a supply with information of passport and visa activity of the Ministry of Internal Affairs of Russia in migration sphere.

Generalising the above-stated, it is possible to draw following conclusions.

1. The Istoriko-legal analysis of the legislation, subordinate legislation standard legal acts, and also research of the scientific and special literature have found the reflexion in an author's periodization of formation and development of a supply with information of activity of the Ministry of Internal Affairs of Russia in the passport and visa sphere consisting of five stages: the first - "hand-written" (945-1803), at this time has arisen and the system has started to function

The population account; the second - "printing" (1803-1917), testifying to the further modernisation of system of the account of the population of the country; the third - "identification" (1917-1932), characterised by changes in legal regulation of questions of citizenship, entrance to the country and departure from it, maintenance of a mode of stay of foreigners; the fourth - "mixed" (1932-2002), the period of step-by-step transition from accounts

Passport system in the form of paper card files to accumulation of the given accounts in electronic form; the fifth - "automated" (2002 - on present time) is characterised by use of electronic and biometric technologies, is the most productive in respect of mass creation and introduction of the automated information systems.

2. It is represented, that the future (sixth) stage of development and perfection of a supply with information of activity of the Ministry of Internal Affairs of Russia in passport and visa sphere will be connected with creation of the incorporated integrated accounts and can is conditional to be called "Integrated".

3. Two criteria are put in a basis of an author's periodization of development of a supply with information of activity of proxy bodies of the Russian state in sphere of migration and, accordingly, the name of each period: 1) presence of the standard legal act regulating the mechanism of realisation of passport and visa system of our country, and 2) a condition of technical possibilities for realisation of problems in the field of migration.

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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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