Administrative law. Administrative and legal status of citizens. Citizenship (most important)

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Administrative law. Administrative and legal status of citizens. Citizenship (most important)

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24. ADMINISTRATIVE AND LEGAL STATUS OF CITIZENS. CITIZENSHIP

Individuals - citizens of the Russian Federation, citizens of the CIS, persons with dual citizenship, foreign citizens and stateless persons. All these categories of citizens have a different amount of administrative and legal status, but all of them, as individuals, are subjects of administrative law.

The constitutional norms regulating the fundamental rights and freedoms of individuals are norms of direct action, but this does not mean that administrative and legal norms lose their significance. Rather, on the contrary, they detail and implement rights and freedoms, as well as regulate relations by imposing duties on the subjects of relations in the field of management, establish, in accordance with administrative legislation, measures of responsibility for violation of these norms.

Citizens of the Russian Federation, acting as subjects of administrative law, have an appropriate administrative and legal status, enshrined in legal norms that determine their social and legal role in the state and society.

Administrative and legal status of a citizen - a set of his rights and obligations, state guarantees for the exercise of these rights and obligations, provided by legal methods and means of protection.

The administrative and legal status of a citizen of the Russian Federation is determined by the Constitution of the Russian Federation, international legal treaties, the Federal Law "On Citizenship of the Russian Federation", the Decree of the President of the Russian Federation "On Approval of the Regulations on the Procedure for Considering Issues of Citizenship of the Russian Federation", etc.

The law "On Citizenship of the Russian Federation" defines for the first time principles of citizenship of the Russian Federation and rules governing issues of citizenship of the Russian Federation.

1. The principles of citizenship of the Russian Federation and the rules governing issues of citizenship of the Russian Federation cannot contain provisions restricting the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation.

2. Citizenship of the Russian Federation is single and equal, regardless of the grounds for its acquisition.

3. The residence of a citizen of the Russian Federation outside the Russian Federation does not terminate his citizenship of the Russian Federation.

4. A citizen of the Russian Federation cannot be deprived of citizenship of the Russian Federation or the right to change it.

5. A citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to a foreign state.

6. The Russian Federation encourages the acquisition of Russian citizenship by stateless persons residing on the territory of the Russian Federation.

7. The fact that a person has the citizenship of the Russian Federation or the fact that a person had citizenship of the USSR in the past is determined on the basis of legislative acts of the Russian Federation, the RSFSR or the USSR, international treaties of the Russian Federation, the RSFSR or the USSR that were in force on the day of the onset of the circumstances to which the person's possession of the corresponding citizenship is associated.

The conclusion or dissolution of a marriage between a citizen of the Russian Federation and a person who does not have citizenship of the Russian Federation does not entail a change in the citizenship of these persons. The dissolution of a marriage also does not entail a change in the citizenship of children born in this marriage or adopted (adopted) by spouses.

Author: Chetverikov V.S.

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