Конституционное (государственное) право Российской Федерации. Гражданство РФ: понятие и общие принципы (самое важное)

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Конституционное (государственное) право Российской Федерации. Гражданство РФ: понятие и общие принципы (самое важное)

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20. CITIZENSHIP OF THE RUSSIAN FEDERATION: CONCEPT AND GENERAL PRINCIPLES

Citizenship of the Russian Federation - this is a stable legal connection of a person with the Russian Federation, expressed in the totality of their mutual rights and obligations (Article 3 of the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation").

The content of the citizenship of the Russian Federation is a set of mutual rights and obligations of the Russian Federation and a citizen of the Russian Federation.

Legal signs Russian citizenship:

1) the legal nature of the relationship between the citizen and the Russian Federation (this nature of the connection between the citizen and the Russian Federation is that all relations between them must be legally formalized, and not just actually recognized);

2) the stability of this connection (this feature lies in the permanent nature of the mutual rights and obligations of the citizen and the Russian Federation, i.e., citizenship of the Russian Federation is retained by the person regardless of any circumstances from the moment of acquisition of citizenship until its termination).

The main document certifying that a person has the citizenship of the Russian Federation is a passport of a citizen of the Russian Federation or another main document containing an indication of the citizenship of the person.

In order to confirm by a person that he belongs to the citizens of the Russian Federation, when traveling abroad, he must receive a foreign passport of a citizen of the Russian Federation, visa documents, and when passing military duty - a military ID, etc.

The Russian Federation guarantees the protection of the rights of its citizens, even if they are and permanently reside abroad.

Citizenship of the Russian Federation is established by the Constitution of the Russian Federation, as well as the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation" (as amended on November 11, 2003) and other laws, provided that they do not contain provisions restricting the rights and freedom of citizens.

Citizenship of the Russian Federation may arise in a person on the grounds provided for by federal legislation, or is already established on the basis of the fact that he had USSR citizenship in the past.

Principles of citizenship of the Russian Federation - fundamental principles that establish the foundations of the legal status of citizens of the Russian Federation, as well as regulating issues of the procedure for acquiring and terminating citizenship of the Russian Federation and other issues.

Principles Russian citizenship:

1) unity and equality of citizenship of the Russian Federation, regardless of the grounds for its acquisition;

2) the inadmissibility of depriving Russian Federation citizenship of those persons who have citizenship legally, but permanently reside outside the Russian Federation;

3) the right of every citizen of the Russian Federation to freely choose citizenship; no one can be deprived of Russian citizenship or the right to change it;

4) the inadmissibility of expelling a citizen of the Russian Federation outside the Russian state or transferring him to a foreign state;

5) state encouragement for the acquisition of Russian citizenship by stateless persons living on the territory of the Russian Federation;

6) the admissibility of a citizen of the Russian Federation simultaneously having citizenship of a foreign state in accordance with federal law or an international treaty of the Russian Federation;

7) the inadmissibility of restricting the civil rights and freedoms of a citizen of the Russian Federation if he has dual citizenship, as well as the impossibility of releasing this person from the performance of civil duties, including the duty to defend the Fatherland;

8) the principle of equality of rights and freedoms of citizens of the Russian Federation, stateless persons and foreign citizens, with the exception of special rights, freedoms and obligations arising from the institution of citizenship of the Russian Federation.

Author: Kakovkina Ye.N.

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