THE ETHNICIZATION OF IMMIGRATION LAW.

Nowadays a lot of politicians, mass media representatives and individuals are keen to upgrade a nationally determined rhetoric in order to raise a special attention to ethnic, religious, and linguistic "purity" among some groups within the certain territories. It is not something new. Theoretically, the ethnization of social institutions is inter-cultural phenomena that has its roots in the development of society and individuals as well. During each historical period, unique patterns of political, legal and socio-economic circumstances have affected the preservation of identity and the construction of ethnicity in the human communities, indeed in the communities of immigrants. In the European history often immigrants found themselves easy targets for discrimination and exclusion due to "other" identity and ethnicity. The current article aims to illuminate the processes of ethnicization of immigration law through the inclusion or exclusion of immigrants' communities. German and Russian history, law and enforcement practice give many examples of the restrictions of individual rights and freedoms, according to ethnicity, occupation or human beliefs. It is important to mentioned that Russian legal system borrowed much from German legal system, however the immigration law and its application are quite differ in both countries. The current paper consists of three research blocs. The first one covers the evolution of ethnic-based statistics in Germany and Russia. A special attention is paid to the era of National Socialism in Germany, when statistics become a "scientific soldier" of a Nazi regime, and the collection of data on ethnic, racial, and religious background of German nationals led to their discrimination and to defeat of their human rights and freedoms. All those practices German authorities learned out from French regulation towards aliens after First World War. The second part of paper explains a legal construction of the free movement right and describes in a historical perspectives a different approach to rule the legal status of foreigners as newcomers, aliens, "foreign agents" and "untrustworthy persons" in both chosen countries. In addition, the paper examines the ratio of the rights and duties of foreigners and natives. The final part of paper compares Meldepflicht in Germany and registration of foreigners in Russia as the instruments of a migration control in both countries.