Конституционное (государственное) право Российской Федерации. Основания и порядок приобретения гражданства РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Основания и порядок приобретения гражданства РФ (самое важное)

Lecture notes, cheat sheets

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21. GROUNDS AND PROCEDURE FOR ACQUISITION OF CITIZENSHIP OF THE RUSSIAN FEDERATION

Reasons for the acquisition Russian citizenship:

1) by birth;

2) as a result of admission to Russian citizenship;

3) as a result of restoration of Russian citizenship;

4) for other reasons.

1. By birth Citizenship is acquired if, on the child’s birthday:

1) both of his parents or his only parent are citizens of the Russian Federation;

2) one of his parents has Russian citizenship, and the other parent is stateless, or is declared missing, or his location is unknown;

3) one of his parents has Russian citizenship, and the other parent is a foreign citizen, provided that the child was born on the territory of the Russian Federation, otherwise he will become stateless;

4) both of his parents or his only parent living on the territory of the Russian Federation are foreign citizens or stateless persons, provided that the child was born on the territory of the Russian Federation, and the state of which his parents or his only parent are citizens does not provide the child with their citizenship;

5) the child’s parents are unknown, and the child himself is located on the territory of the Russian Federation, provided that the parents do not show up within six months from the date of discovery of this child.

2. Прием citizenship of the Russian Federation can be in a general and simplified manner.

In general, Russian citizenship is accepted by foreign citizens and stateless persons who wish to accept Russian citizenship, who have reached the age of 18 years and have legal capacity, as well as:

1) live on the territory of the Russian Federation from the date of receipt of a residence permit until the day of applying for admission to Russian citizenship for 5 years continuously, while the period of residence on the territory of the Russian Federation is considered continuous if the person has traveled outside the Russian Federation for no more than 3 months for 1 year;

2) undertake to comply with the Constitution and legislation of the Russian Federation;

3) have a legal source of livelihood;

4) applied to the authorized body of a foreign state with applications to renounce their other citizenship;

5) speak Russian.

A simplified procedure is established for adults with legal capacity in the following cases:

1) the status of a person with citizenship of the former USSR in the past;

2) adoption of a child who is a citizen of the Russian Federation;

3) the presence of high achievements in the field of science, technology and culture, as well as possession of a profession of interest to the Russian Federation;

4) the presence of merits to the peoples united by the Russian Federation in the implementation of universal human ideals and values;

5) obtaining asylum on the territory of the Russian Federation in the prescribed manner;

6) the past status of the person or at least one of his relatives in a direct ascending line in the citizenship of the Russian Federation by birth.

3. Recovery in citizenship of the Russian Federation - the acquisition by a person of citizenship of the Russian Federation in a simplified manner in case of its loss for any innocent reasons.

Citizenship of the Russian Federation is restored to foreign citizens and stateless persons who previously had citizenship of the Russian Federation and have been living in the territory of the Russian Federation for at least 3 years.

Author: Kakovkina Ye.N.

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