Specific issues of the emergence and development of human right to freedom of movement

Abstract

The article analyzes some stages of formation and development of the human right to freedom of movement, the features of the disclosure of its content in certain periods of statehood in Europe and in the homeland. The paper identifies the key determinants that influenced to the restriction of this right, identified difficulties in its full state recognition and regulation. The author pays special attention to the peculiarities of freedom of movement in the Roman Empire, medieval England and Germany, the emergence of the passport system in Europe and the Russian Empire and its impact on the development of the right to freedom of movement. The author found that the right to freedom of movement in ancient Rome could expand or narrow other important in particular political rights of the individual. Thus, settlement, permanent location as an
 element of freedom of movement for a free person had status significance. According to the Grand Charter of Freedoms, it is a specific segment of the population that acts as an indicator of the right to move because cross-border relations in the private sphere at that time were primarily merchants. Trade becomes the material basis for the doctrinal consolidation of freedom of movement as it practically removes movement as something natural and profitable
 The author has proven that the US Declaration of Independence clearly defines freedom of movement as self-evident, inherent in human nature which is beyond doubt and must be fought against its restrictions by the monarchy. The right to move is no longer just a legal value but a universal good. The introduction of the passport in 1857 in the Russian Empire shows that freedom of movement was limited by permission from the state in the form of a specific document, which was due to the need to control and supervise the movement of the population, especially peasants and burghers.
 The article analyzes the normative legal acts of the Soviet state which had an impact on restricting the freedom of movement of certain categories of citizens, its connection to work. The right to move is now directly dependent on the performance of duties to the state.