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

Lecture notes, cheat sheets

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

In modern constitutional and legal science Citizenship means a stable legal connection between a person and the state, characterized by mutual rights and obligations, mutual responsibility.

The legal foundations of citizenship of the Russian Federation are determined by Art. 6, 61-63 of the Constitution, the norms of international treaties of the Russian Federation (for example, international treaties of the Russian Federation on dual citizenship), the Federal Law "On citizenship of the Russian Federation" (2002), the Regulations on the procedure for considering issues of citizenship of the Russian Federation, approved by decree of the President of the Russian Federation.

Some republics within the Russian Federation have their own citizenship, which does not limit the rights of a single Russian citizenship.

Principles of Russian citizenship:

1. Free, equal and uniform citizenship, regardless of the grounds and time of its acquisition.

2. Recognition of the human right to acquire, change and withdraw from citizenship. A citizen of the Russian Federation cannot be deprived of Russian citizenship, expelled from the Russian Federation, or extradited to a foreign state.

3. The principle of independence of citizenship from marriage - the change of citizenship by one of the spouses, the dissolution of marriage, as a general rule, does not entail a change in the citizenship of the other spouse or children from this marriage.

4. The principle of independence of citizenship from the location of a person (in the territory of the Russian Federation or outside it).

5. The principle of patronage and protection of a Russian citizen abroad by Russia (implemented by the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular offices of the Russian Federation abroad).

6. The principle of reducing statelessness (reducing the number of stateless persons (stateless persons) by granting them Russian citizenship).

7. The principle of dual citizenship (the possibility of acquiring dual citizenship has been provided since 1991) in accordance with the international treaty of the Russian Federation and the Federal Law. Dual citizenship is considered as an exception, granted by a decree of the President of the Russian Federation on the basis of a personal application of the applicant. The presence of dual citizenship does not relieve the citizen from the fulfillment of constitutional obligations.

The authorized bodies in charge of matters concerning citizenship of the Russian Federation are the President of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and its territorial bodies, the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular offices of the Russian Federation located outside the Russian Federation.

The decision to acquire or terminate citizenship of the Russian Federation is subject to cancellation if the court establishes that this decision was made on the basis of false documents or knowingly false information submitted by the applicant.

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