Place of residence and place of stay in the context of the russian legislation and its application
The article analyzes the Russian legislation of different industries in terms of the concepts of «residence», «location» of citizen, «registration by place of residence». An analysis of the practice of their application allowed concluding that there are no clear criteria between place of residence and place of staying. Furthermore, in practice, in some cases when determining the place of residence of a citizen the time criterion is used; in other cases, the registration criterion in one premises is used. Analysis of the work of researchers from Russia allows making a conclusion about the absence of not only the uniformity in understanding of correlations of these concepts, but also about different approach to the definition of the «place of residence». Analysis of the civil legislation of other countries suggests three approaches. Firstly, the place of residence shall be recognized to a specific address, dwelling; secondly, locality, while the time criterion is also valid; thirdly, the place of residence is recognized as a housing not necessarily having the classic signs of residential premises, while the time criterion does not matter. The conclusion is made that for stability to civil turnover the place of residence should be the premises, which has a combination of characteristics. The premises must be residential registered in the register as the living one. It is freely selected by citizen as a place of residence. Registration in such premises has an accounting nature. The place of staying can be considered as the residential one and non-residential premises (e.g., hotel); a citizen can be registered in such premises as at the place of staying, which indicates the temporary nature of staying in such premises. At the same time, a citizen may have registration at the place of residence and the place of staying.