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Конституционное право Российской Федерации. Порядок приобретения гражданства РФ (самое важное)

Lecture notes, cheat sheets

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33. ORDER OF ACQUISITION OF CITIZENSHIP OF THE RUSSIAN FEDERATION

The grounds and procedure for acquiring Russian citizenship are determined by the Federal Law "On Citizenship of the Russian Federation".

Grounds for acquiring citizenship of the Russian Federation (naturalization):

1. By birth.

2. As a result of admission to Russian citizenship.

3. As a result of restoration of Russian citizenship.

4. On other grounds provided for by the Federal Law “On Citizenship of the Russian Federation” or an international treaty of the Russian Federation (for example, as a result of an option, i.e. a person’s choice of citizenship when changing the State border of the Russian Federation).

When acquiring citizenship of the Russian Federation by birth the principle of blood (birth from Russian citizens) and the principle of territory (birth on the territory of the Russian Federation) are applied. The acquisition of citizenship of the Russian Federation by birth occurs automatically, from the moment of birth (discovery of a newborn).

Citizenship The Russian Federation is carried out according to the general rule upon the application of a capable person who has reached the age of 18, who is a foreigner or a stateless person, to the authorized state bodies of the Russian Federation. Admission to the citizenship of the Russian Federation is carried out in two main modes - the general procedure and the simplified procedure.

Upon admission to the citizenship of the Russian Federation in the general manner, with a corresponding application addressed to the President of the Russian Federation, persons who have been continuously residing in the territory of the Russian Federation for 5 years from the date of receipt of a residence permit, who undertake to comply with the Constitution of the Russian Federation and the legislation of the Russian Federation, who have a legitimate source of livelihood, may apply, who have applied to the authorized body of a foreign state with a statement about the renunciation of their other citizenship (except for other cases provided for by international treaties of the Russian Federation, as well as cases when the renunciation of another citizenship is impossible due to reasons beyond the control of this person), who speak Russian. The decision on admission to the citizenship of the Russian Federation in the general manner is formalized by the relevant decree of the President of the Russian Federation.

The specified 5-year period of compulsory residence in the territory of the Russian Federation may be reduced if the person was born in the territory of the RSFSR and had the citizenship of the USSR, was married to a citizen of the Russian Federation for at least 3 years, the disabled person has adult children who are citizens of the Russian Federation, the person has high achievements in the field of science, technology and culture, has a profession (qualification) of interest to the Russian Federation, the person has been granted political asylum on the territory of the Russian Federation, the person has been recognized as a refugee.

When acquiring citizenship in order restoration of citizenship Russian Federation, a person must meet the requirements for a person acquiring Russian citizenship in the general manner, but the mandatory period of continuous residence in the territory of the Russian Federation is reduced to 3 years.

Applications for admission to the citizenship of the Russian Federation and for the restoration of citizenship of the Russian Federation are rejected in the following cases:

1. A person advocates a violent change in the foundations of the constitutional system of the Russian Federation or by other actions creates a threat to the security of the Russian Federation.

2. The person used false documents or provided knowingly false information.

3. The person does not have a legal source of livelihood, etc.

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