Topic 8. Institute of citizenship

Citizenship is a stable legal relationship between a person and the state, expressed in the totality of their mutual rights and obligations.

The Constitution of the Russian Federation establishes only the basic principles of the institution of citizenship (including in Chapter 1 "Fundamentals of the constitutional order"), while the detailed regulation of this constitutional legal institution is enshrined in the Federal Law of May 31.05.2002, 62 No. 28.11.1991-FZ "On Citizenship of the Russian Federation" with rev. and additional (hereinafter referred to as the Law on Citizenship), adopted to replace the Law of the Russian Federation of the same name dated November 1948, 1 No. 11-2003. The main novelties of the new law come down to the greater rigidity of its rules on the acquisition of Russian citizenship compared to the rules provided for by the previous law, however, on November XNUMX, XNUMX, a number of amendments and additions were made to the Law on Citizenship, facilitating the procedure for acquiring Russian citizenship for certain categories of applicants , especially compatriots from the CIS countries.

For persons who already have the citizenship of the Russian Federation on July 1, 2002 (the day the law enters into force), no re-registration or re-registration of citizenship is required.

The Constitution of the Russian Federation and the Law on Citizenship establish the following principles of citizenship of the Russian Federation:

Unity of citizenship. In accordance with this principle, republics - subjects of the Russian Federation cannot establish their own citizenship, which provides for exemptions from the general, unified status of a citizen of the Russian Federation (the Law on Citizenship, unlike the Law of 1991, does not speak at all about the citizenship of republics within the Russian Federation); a citizen of the republic is simultaneously a citizen of the Russian Federation; the legal status of a Russian citizen residing in any republic is uniform throughout Russia and does not differ in any way from the status of a Russian citizen residing in another subject of the Russian Federation; the establishment of citizenship by a republic within the Russian Federation does not give rise to dual citizenship of a person living in this republic - the Russian Federation and the corresponding republic.

▪ Equality of citizenship regardless of the grounds for acquiring citizenship, as well as gender, nationality, age, social origin and status, etc. In particular, the citizenship of a married woman in Russia does not depend on the citizenship of her husband (and vice versa), the conclusion or dissolution of a marriage between a citizen of the Russian Federation and a person who does not have Russian citizenship does not entail a change in the citizenship of these persons; a change in citizenship by one of the spouses does not entail a change in the citizenship of the other spouse (Article 8 of the Citizenship Law).

▪ Preservation of citizenship when a Russian citizen lives abroad. There are no deadlines after which, if a Russian citizen lives in another state, he would lose citizenship of the Russian Federation. The right to change citizenship is an inalienable right of any Russian citizen; refusal to renounce citizenship of the Russian Federation can only be motivated and on the basis of suspensive circumstances provided for by law.

▪ Impossibility of depriving a citizen of the Russian Federation of citizenship or the right to change it. This principle is intended to ensure the unhindered exercise by a citizen of his rights without fear of losing Russian citizenship (in particular, for dissent, disagreement with the policies of the authorities, etc.). If a Russian citizen carries out any illegal activity, various types of liability and punishment may be applied to him, but Russian legislation does not and cannot provide for such a sanction as “deprivation of citizenship.”

▪ Impossibility of deporting a Russian citizen outside Russia or extraditing him to a foreign state (extradition). A citizen of Russia cannot be expelled from the country, nor can he have obstacles to returning to his homeland (at the same time, this principle does not limit the powers of government bodies of the Russian Federation to expel foreign citizens and stateless persons from Russia on the grounds provided by law). A Russian also cannot be extradited to another state in the event of committing an offense abroad and presenting a corresponding request from that state for extradition for the purpose of bringing to justice (extradition of other persons located on the territory of the Russian Federation is possible on the basis of interstate treaties on legal assistance for criminal prosecution responsibility or execution of a sentence). However, if the committed act for which a Russian citizen is being prosecuted is also illegal from the point of view of Russian legislation, then this citizen must be held accountable according to the norms of the legislation of the Russian Federation.

8.2. Grounds for acquisition and loss of citizenship

In accordance with Ch. 2 of the Law on Citizenship, citizenship of the Russian Federation may be acquired on the following grounds:

▪ by birth (filiation);

▪ as a result of admission to citizenship (naturalization);

▪ as a result of restoration of citizenship (reintegration);

▪ as a result of choosing citizenship (option).

When acquiring citizenship by birth in the states of the world, two main principles are applied: the principle of "rights of the blood", according to which the citizenship of a child is determined by the citizenship of the parents, regardless of the place of birth, and the principle of "right of the soil", according to which the citizenship of the child, on the contrary, is determined by the place birth, the territory of the state in which he was born, regardless of the citizenship of his parents. The use of the first or second principle as the predominant one in a particular state is determined by a number of factors (tradition, population size and density, demographic policy, etc.) and does not exclude their combination.

In the Russian Federation, when determining the citizenship of born children, both principles are applied, but the principle of "blood rights" prevails. This means that regardless of the place of birth, a child acquires Russian citizenship if both of his parents or the only parent are citizens of the Russian Federation, and also if one of his parents has Russian citizenship and the other is a stateless person, or is declared missing, or his place location unknown.

At the same time, Russian legislation allows the application of the principle of "rights of the soil", primarily in order to exclude and reduce the state of statelessness of born children. This is possible subject to the birth of a child in Russia in the following cases:

▪ if one of the parents has Russian citizenship, and the other is a foreign citizen. It should be noted that in such a situation, the child can also acquire citizenship of the state of which the second parent is a citizen, however, if the legislation of this state does not provide for such a possibility and the child can become a stateless person, then he acquires citizenship of the Russian Federation under Russian legislation;

▪ if both parents (or the only parent) living on the territory of the Russian Federation are foreign citizens or stateless persons, provided that the states of which the parents (or the only parent) are citizens do not grant their citizenship to the child;

▪ if the child’s parents are unknown and do not show up within six months from the date of his discovery on the territory of the Russian Federation. In this case, the exact place of birth of the child is unknown, but a kind of presumption of his birth is established on the territory of Russia, giving grounds for acquiring Russian citizenship according to the principle of “right of soil.”

Filiation is the most common and simplest basis for acquiring citizenship, and does not require any special procedure. Citizenship in the presence of the conditions considered is acquired, as it were, automatically, by virtue of the very fact of the birth of a child (an insert is issued to the birth certificate confirming that the child has citizenship of the Russian Federation, the form of which is approved by Decree of the Government of the Russian Federation dated 06.02.03 No. 61 "On approval of the form of the insert on the birth certificate confirming that the child has the citizenship of the Russian Federation").

Citizenship (naturalization) involves a more complex special procedure and more stringent conditions. Admission to Russian citizenship can be carried out in a general and simplified manner. General conditions for naturalization:

▪ a foreign citizen or stateless person has reached the age of 18 and has legal capacity (naturalization of minor children is carried out in a simplified manner);

▪ residence qualification (residence qualification) - a person wishing to acquire citizenship of the Russian Federation must, at the time of applying for the relevant application, reside continuously in the territory of Russia for five years, while having a residence permit (preliminary receipt of a residence permit is a prerequisite for applying with an application for admission to Russian citizenship, illegal and semi-legal actual residence is not taken into account); the period of residence on the territory of the Russian Federation is considered continuous if a person has traveled outside Russia for no more than three months within one year (the previous law on citizenship provided for a more lenient residency requirement - five years of permanent residence or three years of continuous residence). For persons who arrived in the Russian Federation for permanent residence before July 1, 2002 (the date of entry into force of the Citizenship Law), the period of residence is calculated from the date of registration at the place of residence. The period of residence on the territory of the Russian Federation as a mandatory condition for naturalization may be reduced to one year in the following cases:

▪ the applicant has high achievements in various fields of science, technology, culture, art, sports, etc. and professional qualities (specialties, qualifications, etc.) of interest to Russia;

▪ granting the applicant political asylum on the territory of the Russian Federation or recognizing him as a refugee in the prescribed manner.

▪ obligation to comply with the Constitution of the Russian Federation and Russian legislation (this condition seems to be largely formal, since the obligation to comply with the Constitution of the Russian Federation and laws lies with all citizens of Russia without exception and other persons located on its territory, without any additional obligations, promises, receipts and so on.);

▪ having a legal source of livelihood. First of all, this refers to work under an employment contract and entrepreneurial activity, although other sources are not excluded (pensions, scholarships, benefits, income from the use of property, bank deposits, etc.). This condition is a novelty in Russian citizenship legislation;

▪ renunciation of citizenship of a foreign state by a citizen of that state who wishes to acquire Russian citizenship; in some cases such refusal is not required);

▪ proficiency in the state language of the Russian Federation, i.e. Russian, at a level sufficient for communication orally and in writing in a language environment.

If a foreign citizen or a stateless person who wishes to acquire Russian citizenship has special merits to the Russian Federation (outstanding achievements in science, technology, production, culture, sports, a significant contribution to the development of society and the economy, ensuring the defense capability and security of the Russian Federation, other merits contributed to the increase in the international prestige of Russia, confirmed by the mechanism of an objective assessment of these merits), then citizenship can be granted to him at the request of a federal government body or the head of a constituent entity of the Russian Federation without observing the conditions discussed above. Thus, in 2003, Russian citizenship was granted to 3. Tsereteli, American basketball player John Holden. Without observing the general conditions for naturalization, Russian citizenship can also be granted to citizens of states - the former republics of the USSR, who served in the Russian Armed Forces under a contract for at least three years. All that is needed for this is a document confirming knowledge of the Russian language, an obligation to renounce the existing citizenship, as well as a petition from the Ministry of Defense of the Russian Federation or another federal executive body that provides for military service.

The final decision on admission to Russian citizenship in the general procedure is made by the President of the Russian Federation by issuing an individual decree, while the period for making such a decision may be up to one year from the date of submission of the application and all necessary and properly executed documents.

Naturalization in Russia can also be carried out in a simplified manner. This procedure is provided both for children and incapacitated persons, and for adult and capable foreign citizens and stateless persons. In the first case, the will to acquire citizenship by incapable (or not fully capable) persons is expressed by their legal representatives: parents, guardians, trustees. To implement this procedure in relation to adult and capable applicants, the following conditions are required:

▪ the presence of at least one parent - a citizen of the Russian Federation living in Russia;

▪ residence in the CIS and Baltic states of former citizens of the USSR, if they have not yet received citizenship of the state of residence and remain stateless;

▪ obtaining vocational education (secondary or higher) by citizens of the CIS or Baltic states in Russian educational institutions after July 1, 2002;

▪ the birth of a foreign citizen or stateless person on the territory of the RSFSR before the collapse of the USSR and his past citizenship of the USSR;

▪ being married to a citizen of the Russian Federation for at least three years (i.e., the mere fact of marriage to a Russian citizen, as well as a short-term marriage, does not give the right to reduce the residency requirement);

▪ the disabled applicant has adult, capable children - citizens of Russia, etc.

The issues of admission to Russian citizenship in a simplified manner, including the adoption of a final decision, are handled by authorized executive bodies - the Ministry of Internal Affairs and the Ministry of Foreign Affairs of Russia through the relevant structures on the territory of the Russian Federation and abroad. Since this procedure is simpler and allows resolving issues on the ground, the time for making a decision has been halved: it cannot exceed six months from the date of submission of the application and all necessary documents.

At first glance, restoration of citizenship of the Russian Federation does not seem to be a completely logical basis for acquiring citizenship, since there is a principle of the impossibility of depriving citizenship (and in the legislation of most states there is no such basis for acquiring citizenship). But the Law on Citizenship contains this basis, although its legal regulation has changed significantly compared to the previous law. If earlier restoration of Russian citizenship was carried out according to a fairly simple procedure (in the order of registration) and was relevant, in particular, for persons who in the past were deprived of Soviet citizenship against their will, now these persons can acquire citizenship of the Russian Federation only in a general manner , i.e. in the order of naturalization. At the same time, on this basis, foreign citizens and stateless persons who had the citizenship of the Russian Federation earlier, but then changed or lost it (for example, in connection with a change in the citizenship of parents, adoption, establishment of guardianship or guardianship, in case of renunciation of Russian citizenship). However, the procedure for acquiring citizenship of the Russian Federation in the manner of restoration is the same as for admission to citizenship in the general manner, with only one mitigating condition - the period of residence in Russia for applicants is reduced to three years.

The choice of citizenship (option) as a basis for acquiring citizenship of the Russian Federation may take place when the state border is changed in connection with the annexation of new populated territories to Russia. In this case, persons residing in the territory whose nationality has been changed have the opportunity to choose Russian citizenship with the unconditional right to retain their former citizenship. The procedure and terms of the option must be established by the relevant international treaty. It should be borne in mind that the option can also serve as a basis for the termination of the citizenship of the Russian Federation in the event of the transfer of part of the Russian territory in accordance with an international treaty under the jurisdiction of another state, if in this situation the citizens of Russia wish to change Russian citizenship to the citizenship of the state to which the corresponding territory has passed .

In addition to the option, grounds for termination of citizenship of the Russian Federation are withdrawal from Russian citizenship and cancellation of the decision to grant Russian citizenship.

Withdrawal from the citizenship of the Russian Federation, although it is a voluntary act, must be carried out according to a certain procedure: in a general manner (with an application addressed to the President of the Russian Federation, who makes the final decision), if a citizen lives in Russia, or in a simplified manner (application submitted and considered by the relevant structures of the Ministry of Foreign Affairs of the Russian Federation) if a Russian citizen lives in a foreign state. Termination of the citizenship of the Russian Federation of a child, one of whose parents or the only parent is a foreign citizen, can also be carried out in a simplified manner (in this case, the issue will be considered by the relevant structures of the Ministry of Internal Affairs of Russia); in case of adoption (adoption) of a child - a citizen of Russia by a foreign citizen (or foreign citizens), the child's citizenship may be terminated in accordance with the general procedure.

Renunciation of Russian citizenship may be denied on the following grounds:

▪ if the applicant has an unfulfilled obligation to the Russian Federation stipulated by federal law (for example, the period of military service has not expired, there are arrears on taxes and fees, the established period has not expired since the last access to information constituting a state secret, etc.);

▪ if the applicant is brought to criminal liability in the prescribed manner (the court’s conviction has entered into force, charges have been brought in a criminal case);

▪ if the applicant does not have another citizenship and guarantees of its acquisition (this restriction may not seem entirely democratic, although its purpose is obvious - to eliminate the situation of statelessness).

In contrast to renunciation of citizenship, the cancellation of the decision on admission to the citizenship of the Russian Federation is carried out by state bodies regardless of the will of the citizen. The basis for the cancellation of the decision on admission to citizenship is the establishment of the facts of the submission by the applicant of false documents or knowingly false information, and such facts should be established only in court. The cancellation of the decision on admission to Russian citizenship is made by the body that made the decision on admission to citizenship: the President of the Russian Federation, the relevant structures of the Ministry of Internal Affairs or the Ministry of Foreign Affairs of Russia. The Law on Citizenship does not contain a provision on the statute of limitations for the adoption of the decision in question - the cancellation of the decision on admission to citizenship can take place at any time (previous legislation contained a statute of limitations of five years, after which the cancellation of the decision on admission to citizenship was impossible). Cancellation of the decision on admission to the citizenship of a citizen does not entail the automatic termination of the citizenship of his spouse, children and other relatives (the citizenship of a child in this case can be terminated only with the written consent of the other parent - a citizen of the Russian Federation and provided that the child does not become a stateless person ).

8.3. Dual citizenship and statelessness. Legal status of foreigners

The Russian Federation, like most states of the world, following the principle of exclusivity of citizenship, generally has a negative attitude towards the institution of dual citizenship (as a general rule, a person should have a stable legal relationship with only one state). At the same time, both the Constitution of the Russian Federation and the Law on Citizenship allow for the possibility for a Russian citizen to simultaneously have the citizenship of another state. In some cases, the presence of both Russian citizenship and citizenship of another state can be considered as a benefit, for example, for compatriots who are citizens of the CIS and Baltic states. Possession by a Russian citizen at the same time of citizenship of another state is possible by virtue of an international agreement (this agreement should, as a rule, be bilateral, with a specific state) or a direct indication of the law (agreements on dual citizenship are concluded by the Russian Federation only with Tajikistan and Turkmenistan. In addition, a citizen of the Russian Federation can acquire citizenship of a foreign state if the national legislation of this state provides for the granting of one's citizenship without the obligatory loss of citizenship of another state (in particular, Russia).

Persons with dual citizenship (dual nationality) are considered by the Russian state only as citizens of Russia, with an appropriate set of rights and obligations, exceptions to this rule are possible only on the basis of the law (in particular, in accordance with Federal Law No. 28.03.1998-FZ of March 53, XNUMX "On military duty and military service" citizens of the Russian Federation who have completed military service in a foreign state are exempt from military service in Russia) or an international treaty (for example, by virtue of interstate agreements on exemption from double taxation).

The population of any state is made up not only of citizens of this state, but also of all people living in it, including foreign citizens and stateless persons (stateless people). In some states of the Middle East, for example, foreigners and stateless persons who come to work make up about half of the population. The status of foreigners and stateless persons in Russia is regulated by Federal Law No. 25.07.2002-FZ of July 118, XNUMX "On the Legal Status of Foreign Citizens in the Russian Federation" and a large number of by-laws and depends, among other things, on whether such a person lives in Russia permanently ( permanent residence regime) or is here temporarily (temporary stay and temporary residence regimes).

Special regulation in the Russian Federation is subject to the status of refugees - persons who do not have Russian citizenship, arrived or intend to arrive on the territory of the Russian state due to forced circumstances, as a result of violence or persecution on the basis of race or nationality, religion, language, membership of a certain social group or political opinions (Law of the Russian Federation of February 19.02.1993, 4528 No. 1-19.02.1993 "On Refugees"). Refugees should be distinguished from internally displaced persons who, although they left their place of permanent residence for the same reasons as refugees, are citizens of Russia; in addition, they can be forced to move not only from outside the Russian Federation, but also within the Russian Federation from one region to another. The status of forced migrants is in many respects similar to the status of refugees and it is regulated by the Law of the Russian Federation of February 4530, 1 No. XNUMX-XNUMX "On forced migrants" with amend. and additional

If foreign citizens and stateless persons are forced to leave the territory of another state due to persecution for their beliefs (for ideological reasons), they may be granted political asylum in accordance with recognized international standards. The granting of asylum in Russia falls within the competence of the President of the Russian Federation (paragraph "a" of Article 89 of the Constitution of the Russian Federation) and is carried out in accordance with the Regulations approved by his decree.

In accordance with Part 3 of Art. 62 of the Constitution of the Russian Federation, foreigners and stateless persons in Russia generally enjoy the same rights and obligations as its citizens, i.e. they are subject to national treatment. Exceptions here can only be established by law and relate mainly to political rights and freedoms.

Author: Nekrasov S.I.

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