Coursework: The concept and principles of citizenship. Dual citizenship and multiple citizenship. Legal basis of citizenship in the Russian Federation

Lecture 5: "Citizenship in Russian Federation»

1. The concept of citizenship

It was noted above that an important part of the institution that consolidates the foundations legal status personality, is a set of legal norms governing relations related to citizenship. Possession of citizenship is a prerequisite for the full extension to a given person of all rights and freedoms recognized by law, the protection of a person by the state not only within the country, but also abroad. All relations related to the citizenship of the Russian Federation are regulated by the Constitution of the Russian Federation and the Law "On Citizenship of the Russian Federation" dated May 31, 2002, with subsequent amendments and additions. In the current Constitution of the Russian Federation, the most important norms governing citizenship are referred to the foundations of the constitutional order (Article 6). Citizenship is a stable legal relationship of a person with the state, expressed in the totality of their mutual rights, duties and responsibilities, based on the recognition and respect for the dignity, fundamental rights and freedoms of a person. The legal nature of the connection of a person with the state, forming the relationship of citizenship, is expressed in the legal registration of this connection. Citizenship is a legal, not just an actual state. Citizenship relations do not depend directly on the fact of residence of a person in the country. Many citizens of Russia permanently reside abroad, and the population of Russia includes not only citizens, but also foreign citizens and stateless persons permanently residing on its territory. All these categories of persons make up the population of the country, the concept of which is characterized not as a legal, but as a demographic one. A person is a citizen of the state not by virtue of residence in its territory, but due to the special ties existing between the person and the state that constitute the content of citizenship. They are based on the legal registration of citizenship relations. The state establishes in law the grounds on which a particular person is recognized as its citizen, the grounds for acquiring and terminating citizenship, and the procedure for resolving these issues. The citizenship of each person is legally formalized by documents confirming this citizenship. They are the passport of a citizen of the Russian Federation or another document containing an indication of the citizenship of the person. In accordance with the Regulations on the passport of a citizen of the Russian Federation, approved by the Government Decree of July 8, 1997, the passport is the main document proving the identity of a citizen of the Russian Federation on its territory. All citizens of Russia who have reached the age of 14 and live on its territory are required to have a passport. Passports are produced and issued according to a single model for the entire Russian Federation in Russian (the republics that are part of the Russian Federation can produce inserts for a passport with text on state languages of these republics.) The following information about the identity of a citizen is entered in the passport: last name, first name, patronymic, gender, date and place of birth. Notes are also made: on the registration of a citizen at the place of residence and his deregistration; on the attitude to military duty of citizens who have reached the age of 18; on registration and dissolution of marriage; about children under the age of 14; on the issuance of basic documents proving the identity of a citizen of the Russian Federation abroad. Validity of a citizen's passport: from 14 years - until the age of 20; from 20 years old - until reaching the age of 45; from 45 years - indefinitely. The state registers such acts of civil status as the birth and death of its citizen. The stability of citizenship relations lies in their permanent nature: they usually last from birth to death of a citizen, a special termination procedure has been established for them, which does not allow them to be terminated unilaterally by a citizen. Termination of citizenship relations at the request of a citizen requires a decision of the state, drawn up in the relevant individual act of the authorized body. At the initiative of the state, at present they cannot be terminated at all. The definition in the Law of citizenship as a connection of a person with the state, expressed in the totality of their mutual rights, duties and responsibilities, marked the statement new concept relationship between the individual and the state. In theoretical studies of the Soviet period, the content of citizenship was interpreted differently. The essence of citizenship was reduced to such features as the extension of the sovereign power of the state to the person both within the country and abroad, endowing the person with the state with the fullness of the rights and freedoms established by law and the imposition of all duties. Citizenship was also interpreted as belonging to a state. This reflected the concept that prevailed at that time about the priority of the state over the individual. A new approach to the content of relations related to citizenship proceeds from the recognition of the priority of universal human values, which means the recognition of a person and the state as equal, equal subjects, endowed with mutual responsibility.

2. Basic principles of citizenship of the Russian Federation

The Constitution of the Russian Federation and the Law on Citizenship establish, first of all, those general foundations that determine the essential features of citizenship relations. Among them, the following should be highlighted. 1. Citizenship of the Russian Federation is uniform. Due to the federal structure of Russia, this principle is one of the most important and is enshrined in the Constitution (Article 6). Single citizenship in a federal state is a necessary condition for its sovereign status and integrity. 2. Citizenship of the Russian Federation is equal regardless of the grounds for acquisition. The legislation does not establish any peculiarities in the legal status of persons who have become citizens of the Russian Federation for various reasons: by birth, in connection with the adoption of citizenship, restoration of citizenship, adoption, etc. The time of acquisition of citizenship also has no legal significance. 3. Citizenship of the Russian Federation has an open and free character. Firstly, this is expressed in the fact that, according to the Law, in the Russian Federation every person has the right to citizenship; in the presence of such a form of acquiring citizenship as admission, which is also carried out on grounds accessible to a person. In accordance with international human rights instruments calling on states to strive to reduce the number of stateless persons, the Russian Federation is pursuing an active policy in this regard, encouraging the acquisition of citizenship of the Russian Federation by stateless persons living on its territory and not preventing them from acquiring another citizenship. The Law establishes that a child born on the territory of Russia from stateless persons is its citizen. Secondly, the free nature of the citizenship of the Russian Federation is expressed in the fact that the Constitution and the Law establish the right of a citizen to change citizenship. No one can be deprived of this right. The stability of the ties between a person and the state inherent in citizenship does not mean forcible, forced retention of a person in citizenship. It would infringe on his freedom. 4. A citizen of the Russian Federation cannot be deprived of his citizenship. The prohibition in the Constitution of the Russian Federation and in the Law on Citizenship to deprive a person of citizenship follows from the right of a person to citizenship, the bilateral nature of the relationship between a person and the state, which implies the termination of this relationship by both parties only by mutual agreement. 5. A citizen of the Russian Federation may have the citizenship of a foreign state (dual citizenship). Such an opportunity is provided in accordance with federal law or an international treaty of the Russian Federation (Art. 62 of the Constitution of the Russian Federation). Previously, such a right was rejected in the Soviet state. Double citizenship according to the law cannot arise automatically, although the grounds for the emergence of a citizen of the Russian Federation foreign citizenship in life there are often: a birth in the territory of a state that recognizes those born as its citizens, the automatic extension of the citizenship of a husband to his wife, etc. Russian legislation does not recognize this kind of dual citizenship. The Law states that a person who is a citizen of the Russian Federation is not recognized as belonging to the citizenship of another state, unless otherwise provided by an international treaty of the Russian Federation. The acquisition by a citizen of the Russian Federation of another citizenship does not entail the termination of his Russian citizenship. Citizens of the Russian Federation who also have other citizenship cannot, on this basis, be limited in their rights, evade the performance of duties or be exempted from liability arising from the citizenship of the Russian Federation. Their military or alternative service is regulated by international treaties of the Russian Federation and federal laws. 6. Russian legislation proceeds from the principle of retaining the citizenship of the Russian Federation by persons residing outside its borders. This kind of principle follows from the natural right of a person to choose his place of residence, freely travel outside the Russian Federation and return without hindrance, which is enshrined in Art. 27 of the Constitution. The denial of this freedom in the past was a gross infringement of human rights and freedoms. 7. Citizenship of the Russian Federation is based on the denial of its automatic change when a citizen of the Russian Federation enters into or dissolves a marriage with a person who does not belong to its citizenship, as well as when citizenship is changed by another spouse. This principle reflects the essence of citizenship as an individual, personal connection of a person with the state, the inadmissibility of automatic termination of citizenship, without the will of the person and compliance with the established procedure. In addition, such a norm proceeds from the recognition of marriage as an equal union, which does not allow a wife (husband) to unconditionally follow the citizenship of her husband (wife). Equally, a marriage entered into by a citizen of the Russian Federation with a foreign citizen does not grant the latter Russian citizenship without due process. 8. The Russian Federation guarantees its citizens protection and patronage outside its borders. This principle is enshrined in the Constitution of the Russian Federation (Article 61) and in the Law on Citizenship. State bodies, diplomatic missions and consular institutions of the Russian Federation, their officials are obliged to assist in ensuring that its citizens are provided with the opportunity to fully enjoy all the rights established by the legislation of the state of their residence, international treaties of the Russian Federation, international customs, to protect their rights and protected interests of the law, and, if necessary, take measures to restore the violated rights of Russian citizens. The Constitution establishes that a citizen of the Russian Federation cannot be expelled from its borders or extradited to another state. For crimes committed by a Russian citizen abroad, he is subject to criminal liability under the laws of his country. This principle expresses the responsibility of a citizen to his state, the need to ensure the guarantees adopted in the state for the protection of his rights and interests in the criminal process.

3. Acquisition of Russian citizenship

Article 11 of the 2002 Citizenship Law states that it is acquired: a) by birth; b) as a result of admission to the citizenship of the Russian Federation; c) as a result of restoration of citizenship of the Russian Federation; d) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation. The list of grounds differs significantly from those envisaged by the former union legislation. This is due to the special conditions for the formation of Russian citizenship, as if singling out from the citizenship of the USSR. The main permanent basis for replenishing the corps of citizens is the acquisition of citizenship by birth. This basis comes from a combination of two principles of acquiring citizenship: "rights of the blood", i.e. taking into account the citizenship of the parents, and the "rights of the soil", i.e. depending on the place of birth. A child whose parents at the time of his birth are citizens of the Russian Federation is its citizen, regardless of the place of birth. If one of the parents of the child at the time of his birth is a citizen of the Russian Federation, and the other is a stateless person, the child is a citizen of the Russian Federation, regardless of the place of birth. In case of different citizenship of the parents, if only one of them is a citizen of the Russian Federation, the issue of the citizenship of the child, regardless of the place of his birth, is determined by a written agreement of the parents. In the absence of such an agreement, the child acquires the citizenship of the Russian Federation if he was born on its territory or if otherwise he would become a stateless person. The principle of "rights of the soil" applies to the citizenship of children whose parents are unknown. According to part 2 of Art. 12 of the Law, a child on the territory of the Russian Federation, both of whose parents are unknown, is its citizen. The same principle applies to children born on the territory of the Russian Federation from stateless persons, as well as children born on the territory of the Russian Federation from parents who are citizens of other states, if the latter do not grant him their citizenship. Such a basis as admission to citizenship is not associated with such conditions. This right can be exercised by any person who meets the generally accepted and enshrined in legislation requirements. They are: legal capacity, reaching the age of 18, a certain period of permanent residence in Russia. The usual condition for permanent residence in Russia for foreign citizens and stateless persons is a period of only five years in total, or three consecutive years immediately prior to the application. For refugees recognized as such by the law of the Russian Federation, the treaty of the Russian Federation, the specified periods are halved. The period of residence is considered continuous if the person traveled outside the Russian Federation for study or treatment for no more than three months. The solution of the issue of admission to the citizenship of the Russian Federation excludes a discriminatory approach - depending on origin, social status, race and nationality, gender, education, language, attitude to religion, political and other beliefs. The law contains a list of circumstances that facilitate admission to citizenship by reducing the periods established for residence in Russia, up to the complete removal of these requirements (Article 14). At the same time, grounds are also provided, in the presence of which applications for admission to the citizenship of the Russian Federation are rejected. This applies to those individuals who are in favor of a violent change in the constitutional order of the Russian Federation; are members of parties and organizations whose activities are incompatible with the constitutional principles of the Russian Federation, have been convicted and are serving a sentence of imprisonment for actions prosecuted under the laws of the Russian Federation. The basis for acquiring citizenship is also the restoration of citizenship of the Russian Federation. The current Law provides for the restoration of citizenship on the basis of an application in the presence of the following grounds: a) have at least one parent who has citizenship of the Russian Federation and lives on the territory of the Russian Federation; b) had the citizenship of the USSR, lived and live in the states that were part of the USSR, did not receive the citizenship of these states and as a result remain stateless; c) are citizens of the states that were part of the USSR, received secondary vocational or higher vocational education in educational institutions of the Russian Federation after July 1, 2002. Recognition of the fact of restoration extends to former citizens of the Russian Federation who were deprived of citizenship or lost it without their free will. Other grounds for acquiring citizenship provided for by the current Law include adoption, guardianship, agreement of parents on the Russian citizenship of the child, granting honorary citizenship, etc. of the participating States are at the same time citizens of the Union State and that no one can become a citizen of the Union State without acquiring the citizenship of a participating State, the acquisition and loss of which is governed by the national legislation of each of the participants. Prior to the introduction of a single sample of documents proving the identity of a citizen of the Union State, documents issued by the bodies of the participating States are equally recognized on its territory.

4. Termination of Russian citizenship

Citizenship of the Russian Federation may be terminated for various reasons. In Art. 18 are listed: a) due to withdrawal from citizenship of the Russian Federation; b) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation. Withdrawal from the citizenship of the Russian Federation is the main reason for its termination. The right to change citizenship is enshrined in Art. 6 of the Constitution of the Russian Federation. The decision to withdraw is made by the President of the Russian Federation. The current Law of the Russian Federation has identified three groups of grounds that prevent renunciation of citizenship: a) has an unfulfilled obligation to the Russian Federation established by federal law; b) has been brought by the competent authorities of the Russian Federation as a defendant in a criminal case, or there is a court conviction that has entered into legal force and is subject to execution; c) has no other citizenship and guarantees of its acquisition. The first group of grounds includes the fact that a Russian citizen has property obligations to natural or legal entities Russian Federation or unfulfilled obligations to the state arising from the grounds determined by the law of the Russian Federation. The norms of the Law on Citizenship have significantly narrowed the scope of free discretion of state bodies when deciding on the issue of renunciation of citizenship in comparison with the former union legislation. The conditions for rejecting an application for withdrawal apply only to cases where the applicant for withdrawal is a citizen of the Russian Federation who resides or intends to settle in a country that is not bound to Russia by treaty obligations on legal assistance. In addition, it is new to establish that the reasons preventing the exit must follow from the grounds determined by law. The second group of grounds excludes the possibility of renunciation of citizenship. Withdrawal is not allowed: if a citizen applying for renunciation of citizenship is involved as an accused in a criminal case or there is a judgment of conviction against him that has entered into legal force and is subject to execution. The third group as a basis provides for the lack of guarantees for obtaining a new citizenship. The law provides that the rejection of an application for renunciation of Russian citizenship or refusal to register a renunciation must be motivated by the competent authorities.

5. The procedure for resolving issues of citizenship of the Russian Federation

The implementation of the norms discussed above on the grounds for acquiring, terminating and changing Russian citizenship is associated with the need to legal regulation . A significant part of the Law on Citizenship and the Regulations on the procedure for considering issues of citizenship of the Russian Federation are devoted to this. The latter defines in detail the procedure for considering and resolving issues of citizenship. The Citizenship Law provides for which state bodies are in charge of citizenship cases and what are the powers of these bodies, fixes the procedure for the production and appeal of decisions in these cases. In the system of bodies related to the solution of issues of citizenship, the President of the Russian Federation as the head of state, personifying him, has the main powers. The Constitution establishes that the President decides on issues of citizenship of the Russian Federation (paragraph "a" of Article 89). These include: admission to citizenship; restoration of citizenship; renunciation of citizenship; cancellation of the decision on admission to citizenship. On all these issues, the President issues decrees. Other state bodies connected with the solution of these issues carry out only preparatory work. These bodies include the Citizenship Commission under the President of the Russian Federation. Its tasks include preparing proposals for the President on citizenship matters, ensuring the implementation of a unified state policy in the field of citizenship, and monitoring the execution of decisions on citizenship issues. The President appoints the Chairman of the Commission and, at the suggestion of the latter, approves the composition of the Commission. Members of the Commission participate in its work on a voluntary basis. The Office of the President of the Russian Federation on Citizenship Issues operates as a subdivision of the Presidential Administration. The rest of the state bodies participating in the decision of questions of citizenship or resolving them are included in the system of executive authorities. These include the Ministry of the Interior and its agencies, as well as the Ministry of Foreign Affairs, diplomatic missions and consular offices. The powers conferred on these bodies to resolve issues of citizenship are similar, with the only difference that the former accept them in relation to persons residing on the territory of the Russian Federation, and the latter - outside it. These powers include: receiving applications and petitions on issues of citizenship of the Russian Federation; verification of facts and submitted documents; sending an application along with documents to the Commission on Citizenship under the President of the Russian Federation; determination of the belonging of persons to the citizenship of the Russian Federation; registration of the acquisition or termination of citizenship of the Russian Federation in the cases provided for by the Law. There are significant differences in the procedure for processing and resolving issues of acquiring and terminating citizenship in the procedure for registration (i.e., in a simplified procedure) and in all other cases. They relate to: the established form of appeal; decision-making bodies; acts by which decisions are drawn up; appeal procedure. To resolve the issue of registration of citizenship, an application is submitted; the decision on this issue is taken by the relevant internal affairs bodies or the Ministry of Foreign Affairs, diplomatic missions and consular offices; decisions are drawn up by a conclusion (if necessary, by a presentation); consideration period - no more than six months; decisions can be appealed to the court within a month. In all other cases of acquisition and termination of citizenship that are not subject to the registration procedure, a petition is filed addressed to the President, who makes decisions on these issues; they are issued by decree of the President; the term for consideration of applications - no more than nine months; decisions are not subject to appeal, which does not exclude the possibility of a second application. Both the application and the petition are submitted in writing in the prescribed form to the internal affairs body at the place of residence of the person (outside the Russian Federation, to the appropriate diplomatic mission or consular office). Citizenship of the Russian Federation is considered acquired or terminated from the day a decision is made by the authorized body or a decree of the President of the Russian Federation is issued. The execution of decisions is entrusted respectively to the Ministry of the Interior and its bodies or to the Ministry of Foreign Affairs, diplomatic missions and consular offices. In accordance with Art. 71 (p. "c") of the Constitution of the Russian Federation, the regulation of citizenship issues is referred to the exclusive jurisdiction of the Russian Federation.

Lecture 6: "Constitutional rights and freedoms of man and citizen"

The concept of dual citizenship.

Legal regulation of issues of dual citizenship of the Russian Federation:

the Constitution of the Russian Federation;

3rd Law on Citizenship of the Russian Federation of May 31, 2002

Chapter 2. Modern problems of the institution of dual citizenship ...... 16-21

Conclusion…………………………………………………………………..22-24

List of sources………………………………………………………….25-27

INTRODUCTION

For the vast majority of people in the country, the establishment of citizenship is not something difficult, since they are citizens of this state from birth and this right is reserved for them throughout their lives. However, for various reasons, and above all, as a result of interethnic conflicts, as well as the growing internationalization of the economy, various migration flows arise, i.e. movement of large groups of people from one country to another. Such movements - individual and group, common in the Russian Federation, as well as marriages between citizens of different states, constantly give rise to problems of acquiring and changing citizenship.

A significant part of the practical issues related to the determination of citizenship is resolved with the help of international law(according to agreements concluded between states).

In addition, in any state there are people whose legal status differs from the status of the majority. Most residents are always citizens of the State, but significant groups are stateless (stateless) or are foreign nationals. In some states, dual citizenship is recognized; such persons are called bipatrides. Differences in the legal status do not mean discrimination against non-citizens and the state protects the rights of this category of residents, since many rights, as established by international law, belong to a person regardless of citizenship. Staying in dual citizenship expands not only the rights of citizens, but also their duties. Consideration of issues of dual citizenship remains very relevant today. This is due to the fact that many Russian-speaking citizens from a number of CIS countries wish to be Russian citizens at the same time.

aim This work is a consideration of the institution of dual citizenship.

Subject of study: Constitutional guarantees of rights and freedoms.

Object of study: Citizenship (dual citizenship).

Research objectives:

1. Expand the essence of citizenship.

2. Consecrate the legal framework for the regulation of dual citizenship in the Russian Federation.

3. Outline the modern problems of the institution of dual citizenship.

Chapter 1. The concept of citizenship. Fundamentals of legal regulation of citizenship of the Russian Federation.

The concept of citizenship.

The concept of dual citizenship.

Citizenship- it is a stable legal relationship of an individual with the state, expressed in the totality of both mutual rights and obligations.

Sometimes citizenship refers to a person's belonging to a state. According to Boyars Yu.R. 1, citizenship is a stable legal bond, since even if a citizen goes abroad, his citizenship, as a rule, does not automatically terminate. Citizenship is regulated by the domestic law of the State. Citizenship is a concept inextricably linked with statehood.

M.V. Baglai 2 indicates that under citizenship refers to the legal affiliation of a person to a given state, i.e. recognition by the state of this person as a full-fledged subject of constitutional and legal relations. The state of citizenship creates rights and obligations for a person not only on the territory of his state, but also abroad.

In accordance with the Federal Law "On Citizenship of the Russian Federation" 3 citizenship of the Russian Federation- this is a stable legal connection of a person with the Russian Federation, expressed in the totality of their mutual rights and obligations. The document certifying the citizenship of the Russian Federation is a passport of a citizen of the Russian Federation or another main document containing an indication of the citizenship of the person. The types of basic documents proving the identity of a citizen of the Russian Federation are determined by federal law.

Citizenship of the Russian Federation is single and equal regardless of the grounds for its acquisition. The residence of a citizen of the Russian Federation outside the Russian Federation does not terminate his citizenship of the Russian Federation. A citizen of the Russian Federation cannot be deprived of citizenship Russian Federation or the right to change it. A citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to a foreign state.

Statelessness- this is a legal state, which is characterized by the absence of a person's citizenship of any state.

Article 3 of the Law "On Citizenship of the Russian Federation" reveals the concept of other and dual citizenship.

Other citizenship- Citizenship (citizenship) of a foreign state.

Double citizenship- the presence of a citizen of the Russian Federation citizenship (nationality) of a foreign state.

It remains unclear only to this day the constitutional and legal status of persons who are not citizens of the Russian Federation (non-citizens), which includes status foreign citizen and stateless persons located on the territory of the Russian Federation. The importance of the correct definition of persons who do not have the citizenship of the Russian Federation is due to the fact that modern legislation contains many provisions in which one term covers the totality of legal relations related to the status of a foreign citizen and a stateless person.

In modern national and international legislation, the definition of “foreigner” is often used to refer to persons who are not citizens of the state, however, in various sources, the definitions of “foreigners” are different in their content.

Thus, in the Declaration on Human Rights in Respect of Persons Who Are Not Citizens of the Country in which They Live 4 (approved by UN General Assembly Resolution 40/144 of December 13, 1885), the term "foreigner" means any person who is not a citizen of the state in which it is located.

Agreement on cooperation between border troops in the field border control at checkpoints across the borders of the CIS member states with states that are not members of the Commonwealth (Moscow, November 25, 1998), the term "foreigner" is defined as "a citizen of a third state, a stateless person." 5 ; Decree of the President of the Russian Federation of August 9, 1994 No. 1668 “On the Federal Migration Program” 6 states that “foreigners are citizens of foreign states and stateless persons”.

In the legal literature, the concept of "foreigner" has an ambiguous interpretation. Some authors, for example, L.I. Galenskaya, interpret the term "foreigner" as a foreign citizen and stateless person. Under a foreign citizen L.N. Galenskaya means a person who is not a citizen of this state or does not have the citizenship of any state. MM. Boguslavsky and S.S. Gridins consider both foreign citizens and stateless persons to be foreigners. 7

A.A. Rubanov under foreigners means all persons who are on the territory of a state, who are not its citizens and who are citizens of another state. 8

According to T.N. Kirillova, a foreigner is "a person who has a permanent political, economic and legal relationship with the state of his citizenship and is in a temporary economic and legal relationship with other states." 9

In this case, the conclusion suggests itself, as Kobets P.N. (employee of the All-Russian Research Institute of the Ministry of Internal Affairs of Russia 10) that foreigners permanently residing in the Russian Federation cannot be attributed to this category, because their economic and legal connection with their native state is very conditional.

When considering the issue of the legal status of foreign citizens and stateless persons in the Russian Federation, given the variety of social relations in which foreign citizens and stateless persons participate, their legal status includes constitutional, civil law, administrative law, criminal law and other aspects , which are in system unity and, therefore, can be allocated conditionally theoretically.

With this in mind, we can conclude that the legal status of foreign citizens and stateless persons in the Russian Federation is determined by the internal legislation of the Russian Federation, international treaties former USSR with foreign states, and now the Russian Federation, as well as other acts of international law.

The Law of the Amur Region “On the Stay of a Foreign Citizen on the Territory of the Region” 11 defines that foreign citizens (foreigners) are persons who are not citizens of the Russian Federation and who have evidence of their belonging to the citizenship of a foreign state.

Similar wordings equating the terms "foreign citizen" and "foreigners" are found in the laws of the Amur Region 12, Altai Territory 13, Republic of Bashkortostan 14, Krasnoyarsk Territory. 15

At present, the need has matured for a legislative definition of a term that defines the status of a person who does not have citizenship of the Russian Federation. At the same time, the legal state in which such a person is located can be defined as a state of “out of citizenship”, and persons who are in such a state are “non-citizens”.

Such a classification of the definition of persons as citizens of the Russian Federation and non-citizens can compensate for the vacuum of terminology that exists in the legislation. Unfortunately, in the current legislation of Russia, such terminology is not in demand. So, in paragraph 2 of article 2 of the Federal Law of July 25, 2002. “On the Legal Status of Foreign Citizens in the Russian Federation” 16 contains the following wording: “... the concept of “foreign citizen” includes the concept of “stateless person”, except in cases where federal law establishes special rules for stateless persons that differ from the rules established for foreign citizens.

Thus, the legislator makes an attempt to determine the integrated status of "non-citizens". Therefore, in order to eliminate the ambiguity of the concept of "foreigner", it is advisable, according to A.S. Kruchinina 17, the use in Russian legislation of a single term associated with the generalization of the concepts of "foreign citizen" and "stateless person", such as "non-citizen". This concept can be transformed from international treaties. Thus, in the European Convention on Citizenship ETS No. 166 (Strasbourg, November 6, 1997) 18 and the International Convention on the Elimination of All Forms of Racial Discrimination (New York, March 7, 1966) 19, along with the concepts of “citizens” and “stateless persons, the concept of "non-citizens". It can be noted that the concept of "non-citizens" has already begun to be introduced into the lexicon of the legislator. So, in the Decree of the State Duma of the Federal Assembly of the Russian Federation of February 24, 1995 No. No. 555-1 of the State Duma “On a humane attitude towards the needs of the population of Abkhazia” 20, Resolution of the State Duma of the Federal Assembly of the Russian Federation of October 14, 2003 No. 4441-III of the State Duma “On the statement of the State Duma of the Federal Assembly of the Russian Federation” “In connection with gross violations of human rights and the rights of national minorities in the Republic of Latvia” 21; Decree of the Government of the Russian Federation of January 4, 2002 No. No.; “On the procedure for entry into the Russian Federation and exit from the Russian Federation of stateless persons who were citizens of the USSR and residing in the Republic of Latvia, Republic of Lithuania and the Republic of Estonia” 22 , the term “non-citizens” was used in the appropriate sense, but so far it is used only in separate documents and is not used in the Laws of the Russian Federation.

Kruchinin A.S. (Consultant of the Committee on Legality, Power and Public Relations of the Moscow Duma) believes that a promising opportunity for the Russian legislator is to single out an independent concept that generally defines foreign citizens and stateless persons and makes it possible to implement legal regulation comprehensively for these groups of persons.

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Introduction

nationality legislation judicial

Without much exaggeration, we can say that for the inhabitants of Russia, as well as for millions of people living in neighboring independent states and outside the former USSR, the adopted law "On Citizenship of the Russian Federation" is of great importance, since this document is the main regulator of citizenship norms. The significance of citizenship for determining the legal status of an individual lies in the fact that only citizens have a full range of rights and freedoms and a higher level of their protection by the state, including the right to diplomatic protection. In return, the state has the right to require citizens to perform certain duties. Citizenship enables the individual to take an active part in the political life of the state, since it is the institution of citizenship that gives him electoral and other political rights, giving him the opportunity to participate in the formation of public authorities.

This topic is very relevant. Its relevance is dictated by important factors, including:

V.M. Hessen in his work "Citizenship, its establishment and termination" believed that to be a citizen means to have rights and bear obligations in relation to the state.

Before the accession to the throne of Alexander I (1777-1825), in Russia they took an oath to be a faithful, kind and obedient slave and subject. Often, citizenship in those days was considered as a private law institution of slavery. The word subject comes from the word "tribute", and the word citizen - from the word "citizen". J.-J. Rousseau defined citizenship as an expression of the membership of individuals in a state. Currently, the term "subject" is used in monarchical states, but in its content it corresponds to the content of the modern concept of citizenship. According to Art. 1 of the Convention governing issues related to the conflict of laws on nationality, each state itself determines, in accordance with its legislation, who is its citizen. All modern states are national states, many state scientists in the world believe. IN nation state people are considered citizens. People define belonging to a nation as a common set of symbols, beliefs, traditions that provide an individual with involvement in a single social community. Thus, people feel a sense of pride from belonging to the British, Germans, French, Americans, Russians. Citizenship is a person's connection with the state, not based on ethnicity. All citizens of Russia are Russians or Russians with different ethnic backgrounds.

The purpose of this work is to define the concept of citizenship, to consider the basic principles of Russian citizenship as an institution of citizenship in general, as well as the grounds and procedure for acquiring and terminating citizenship of the Russian Federation.

1. Study the literature and regulatory legal acts on this topic

2. Consider the concept of citizenship and its principles;

3. Consider the grounds and procedure for acquiring and terminating citizenship of the Russian Federation;

4. In conclusion, draw conclusions.

1. The concept of citizenship of the Russian Federation

The concept of citizenship is formulated in Article 3 of the Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation”. It is defined as a stable legal relationship of a person with the Russian Federation, expressed in the totality of their mutual rights and obligations.

Citizenship provides an individual who has the protection of existing rights and freedoms. Usually, most of population of each country automatically acquires citizenship by virtue of birth in the territory of their country and does not feel the need to change it throughout their lives. However, in the territory the globe certain migration flows are constantly taking place - the movement of large groups of people from one country to another, associated with the growth of international economic relations, as well as caused by local national conflicts and wars. Such movements - individual and group, very common in the Russian Federation, as well as marriages between citizens of different states, constantly give rise to problems of acquiring and changing citizenship.

Possession of Russian citizenship or lack thereof implies that a particular individual has a certain amount of rights, freedoms and obligations. Persons residing on the territory of Russia, who do not have Russian citizenship, mainly have the rights and freedoms inherent in them by nature (human rights), but do not have most political, many socio-economic rights and freedoms.

The Constitution of the Russian Federation, distinguishing between human rights and the rights of a citizen, endows a citizen of the Russian Federation not only with natural rights and freedoms given to a person from birth (fundamental human rights), but also with rights arising from his stable legal connection with the Russian Federation (fundamental rights proper). Russian citizens). The same applies to assigning additional obligations to citizens of the Russian Federation (for example, obligations of military service to the Fatherland).

E.I. Kolyushin believes that the concept of "Russian citizenship" has a triune semantic meaning: the relationship of a citizen with the Russian Federation, the constitutional right of a citizen of the Russian Federation, which is part of the constitutional order of the Russian Federation. The scientist does not share the existing characteristic of citizenship only as a set of mutual rights and obligations of a citizen and the state, since such an “enumerative” interpretation (this is possible, this is must, this is not possible) belittles the legal status of a citizen as an individual.

Substantiating the triune semantic meaning of the term "Russian citizenship", E.I. Kolyushin notes that a citizen of Russia freely enjoys the rights and freedoms granted to him by law, while being under the protection of the state, both on the territory of the Russian Federation and abroad.

The main component of the legal connection of a person with the Russian Federation is the need for permanent residence in the country. This statement is confirmed by the existence of a permanent residence condition in the legal norms that determine the status of “Russian citizenship”. The author believes that permanent residence on the territory of the state should be the basis of all known definitions of citizenship.

N.V. Vitruk considers citizenship to be a set of objective and subjective rights, defining the first component of citizenship as an institution of law and legislation, and the second component as a legally established procedure for determining whether a person belongs to a particular state.

Expressing his opinion, the author highlights the independence of the recognition by the state of the fact that a person belongs to it and the subsequent emergence of the state's obligation to protect such affiliation. N.V. Vitruk does not agree with the theorists of jurisprudence, who present citizenship as a system of interrelated rights and obligations of the state and the individual.

“Citizenship,” he points out, “is different from the legal status of the individual and other legal consequences, the prerequisite of which is. However, the independence of these phenomena cannot be exaggerated. This is independence inextricably related phenomena. It is in the organic connection of citizenship and the legal status of a person that the reason lies that many scientists reveal the content of citizenship through a system of rights, freedoms and duties of a person who has this citizenship. In our opinion, citizenship is directly and directly related to both the legal status of the individual and jurisdiction, including the legal responsibility of the individual to the state and legal protection from the latter. Citizenship serves as the legal basis by virtue of which a person has all the rights and freedoms in full, fulfills the duties established by the constitution and other laws, is responsible for their violations, and also enjoys the protection of the state, wherever this person is, including outside the state of which he is a citizen.

Citizenship is a legal, not an actual state. Citizenship relations are not directly related to the fact of a person's residence in the country. Many Russian citizens live abroad, and the population of Russia includes not only citizens, but also foreign citizens and stateless persons permanently staying on its territory. All these categories of persons make up the population of the country, the concept of which is characterized not as a legal, but as a demographic one.

A person is a citizen of the state not by virtue of residence in its territory, but due to the special ties existing between the person and the state that constitute the content of citizenship. These ties are based on the legal formalization of state relations. The state establishes in law the grounds on which a particular person is recognized as its citizen, the grounds for acquiring and terminating citizenship, and the procedure for resolving these issues.

The citizenship of each individual person is legally documented. They are a passport of a citizen of the Russian Federation, a birth certificate, another document containing an indication of citizenship. The state registers such acts of civil status as the birth and death of a citizen. The stability of citizenship relations lies in their permanent nature: they usually last from birth to death of a citizen, a special termination procedure has been established for them, which does not allow them to be terminated unilaterally by a citizen. Termination of citizenship relations at the request of a citizen requires the consent of the state, which is drawn up in the relevant individual act of the authorized body. At the initiative of the state, at present they cannot be terminated at all.

1.1 Development of legislation on citizenship of the Russian Federation

Necessary condition deep knowledge of the current legislation on citizenship is the analysis of its content in the historical aspect. To do this, it is important to trace the dynamics of the development of legal regulation of various aspects of citizenship relations.

In tsarist Russia, there was citizenship, not citizenship. Moreover, the legislation on citizenship retained the features of medieval feudal principles, was not based, unlike the legislation of democratic states of that time, on the legal equality of subjects.

IN Russian Empire subjects were divided into several categories with a special legal status:

1) natural subjects, which, in turn, were distinguished:

a) nobles

b) clerics;

c) city dwellers

d) rural inhabitants;

2) foreigners;

3) Finnish inhabitants.

In addition, the legislation divided four groups of natural subjects into taxable and non-taxable persons. Persons exempted (nobles and honorary citizens) enjoyed freedom of movement and received indefinite passports for residence throughout the empire; persons of a taxable state (philistines and peasants) did not have these rights. With belonging to one or another category of subjects, the legislation associated very significant differences in rights and obligations. The first act of the Soviet government on issues of citizenship was the Decree of the All-Russian Central Executive Committee on the destruction of estates and civil ranks of November 11 (24), 1917.

It proclaimed that all classes and class divisions of citizens that existed in Russia until now, class privileges and restrictions, class organizations and institutions, all civil ranks, all ranks, titles and names of civil ranks are destroyed, and one common name for the entire population of Russia is established. Russian Republic. On April 1, 1918, the All-Russian Central Executive Committee adopted the Decree "On the Acquisition of the Rights of Russian Citizenship." The right to accept Russian citizenship of foreigners living within the RSFSR was granted to local Soviets. People's Commissariat for internal affairs registered foreigners admitted to citizenship and published their lists for general information.

Constitution of the RSFSR of 1918 referred to the jurisdiction of the All-Russian Congress of Soviets and the All-Russian Central Executive Committee the publication of general resolutions on the acquisition and loss of the rights of Russian citizenship and on the rights of foreigners on the territory of the Republic. The Constitution assigned to the local Soviets the authority to grant the rights of Russian citizenship to those foreigners who lived in the RSFSR for employment, belonged to the working class or to the working peasantry.

With education USSR the citizenship of the USSR was established. In Art. 7, the Constitution of the USSR of 1924 fixed a single union citizenship for citizens of the union republics. The jurisdiction of the supreme authorities of the USSR included "basic legislation in the field of Union citizenship in relation to the rights of foreigners." On October 29, 1924, the Regulations on Union Citizenship were approved. In accordance with it, the Central Executive Committee of the Union republics had the right to take union citizenship.

The regulation regulated the issue of the citizenship of children in the event of a change in the citizenship of the parents. The new Regulation on Citizenship of the USSR was approved by the Central Executive Committee and the Council of People's Commissars of the USSR on June 13, 1930. In the same year, on November 23, by a decree of the Central Executive Committee and the Council of People's Commissars of the USSR, a simplified procedure for admission to citizenship of the USSR and exit from it was introduced. This was enshrined in the Regulations on Citizenship of the USSR of 1931. The regulation, proceeding from the constitutional principle of a single union citizenship, fully regulated issues related to the recognition of a person as a citizen of the USSR, the procedure for accepting citizenship and exiting it, and the citizenship of children. Each person who was on the territory of the USSR was recognized as a citizen of the USSR, since his belonging to the citizenship of a foreign states. The regulation fixed that a citizen of the USSR is a citizen of the union republic within which he permanently resides. If, by nationality or origin, he considers himself connected with another union republic, then he can choose citizenship of this republic. In accordance with the Regulations of 1931, the adoption of foreign citizens into the citizenship of one of the Union republics and thereby into the citizenship of the USSR was carried out by a decision of the Presidium of the Central Executive Committee of the USSR or the Presidium of the Central Executive Committee of the Union Republic in which they lived. The presidiums of the Central Executive Committee of the Union republics could accept foreign citizens living abroad as USSR citizens if they submitted applications to these bodies. Withdrawal from the citizenship of the USSR was allowed not only by the Presidium of the Central Executive Committee of the USSR, but also by the Presidium of the Central Executive Committee of the Union republics.

According to the Regulations of 1931, foreign citizens, workers and peasants living within the USSR, for labor activities, enjoyed all the political rights of citizens of the USSR. The regulation established a simplified procedure for acquiring USSR citizenship and withdrawing from it in relation to:

a) foreign workers and peasants living within the USSR for employment, as well as foreigners enjoying the right of political asylum as a result of their persecution for revolutionary liberation activities;

b) persons changing citizenship due to marriage. In these cases, the acquisition of citizenship and withdrawal from it were carried out by the decision of the regional (regional) executive committee, the Central Executive Committee of the ASSR or the executive committee autonomous region if the applicant lived on the territory of the USSR.

The Constitution of the USSR of 1936, like the previous one, enshrined the principle of a single union citizenship.

On August 19, 1938, the Law on Citizenship of the USSR was adopted. Preserving the established principles of citizenship, the Law consolidated a number of new provisions. He established that the citizens of the USSR are:

a) all persons who, by November 7, 1917, were subjects of the former Russian Empire and who have not lost their Soviet citizenship;

b) persons who have acquired Soviet citizenship in the manner prescribed by law. Persons who did not meet these conditions and lived in the USSR were recognized as stateless persons (stateless persons). It was believed that such a change in the grounds for recognizing citizenship of the USSR was aimed at increasing the political and legal significance of the status of a citizen of the USSR. The law also changed the procedure for resolving issues of renunciation of citizenship and its deprivation.

The Constitution of the USSR of 1977 more broadly regulated the sphere of relations connected with the citizenship of the USSR. According to this Constitution, all issues of citizenship were within the competence of the Presidium of the Supreme Soviet of the USSR.

December 1, 1978 was adopted new law about the citizenship of the USSR. The law formulated the condition of belonging to the citizenship of the USSR in a different way, applying the so-called zero option. The state of citizenship on the day of entry into force of this Law was recognized as the starting point. Perestroika, the establishment of the post of President of the USSR necessitated changes in the union legislation on citizenship. On May 23, 1990, the Law on Citizenship of the USSR was adopted. It contains sections on the bodies that make decisions on citizenship issues; enforcement and appeal of decisions. The authority to make decisions on citizenship issues was transferred to the President of the USSR.

The Law on Citizenship of the Russian Federation, adopted in 1991, regulated in detail all relations related to Russian citizenship.

1.2 Principles of citizenship of the Russian Federation

IN in general terms the principles of citizenship are characterized in the legal literature as its fundamental and guiding principles. Prior to the adoption of the Constitution of the USSR in 1936 and the Law on Citizenship of the USSR in 1938, no special attention was paid to the development of a system of principles of citizenship in the legal literature. In the emerging scientific works of that time, they were considered by the authors as the foundations of the legal status of a person in a socialist state, i.e. analysis of the content of the principles of citizenship was reduced mainly to their social - class aspect.

A comprehensive study of the principles of citizenship dates back to the early 60s of the twentieth century. The first attempts to conduct such studies were made by D.L. Zlatopolsky and S.I. Rusinova, who considered the problems of the national - state structure in close connection with the issues of the institution of citizenship, the relationship of its principles with state sovereignty.

Of the scientific works of this period, the book by I.P. Ilyinsky and B.V. Shchetinin "State Law of People's Democracies". It attempted not only to identify and characterize the principles of citizenship, but also to classify them. One of the authors of this study, B.V. Shchetinin, subdivided the principles of citizenship into two groups - political and legal, although without a clear definition of the composition of each group. A similar classification, but with some additions, can also be found in the book by I.E. Farber.

The Constitution of the Russian Federation and the Law on Citizenship establish, first of all, those general foundations that determine the essential features of citizenship relations. Among them are the following:

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.

Part 1 Art. 4 establishes a ban on the inclusion in the norms on citizenship of the Russian Federation of provisions restricting the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation. This prohibition follows from the constitutional provision on the equality of all before the law and the court (Part 1, Article 19 of the Constitution of the Russian Federation). In accordance with Part 2 of Art. 19 of the Constitution of the Russian Federation, the state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited. A similar prohibition is established by the norms of international law.

2) Citizenship of the Russian Federation is uniform. Due to the federal structure of Russia, this principle is one of the most important and is enshrined in the Constitution (Article 6). Single citizenship in a federal state is a necessary condition for its sovereign status and integrity.

3) Citizenship of the Russian Federation is equal regardless of the grounds for acquisition. The legislation does not establish any peculiarities in the legal status of persons who have become citizens of the Russian Federation for various reasons: by birth, in connection with the adoption of citizenship, restoration of citizenship, adoption, etc. The time of acquisition of citizenship also has no legal significance.

In part 2 of Art. 4 of the Federal Law "On Citizenship of the Russian Federation" establishes the principles of single and equal citizenship, regardless of the grounds for its acquisition. The mentioned principle is one of the foundations of the national-state structure of the Russian Federation, which includes twenty-one republics as subjects of the Federation. It is enshrined in Art. 6 of the Constitution of the Russian Federation and means that every citizen of a republic within the Russian Federation is simultaneously a citizen of Russia. This principle is revealed as follows: citizens of the Russian Federation permanently residing on the territory of a republic within the Federation are simultaneously citizens of this republic. Termination of citizenship of the Russian Federation entails termination of citizenship of the republic. The principle of unity and equality of citizenship determines the independence and integrity of Russia as a multinational state.

Equality of citizenship implies that all citizens of Russia are endowed with the same set of constitutional rights and obligations, regardless of the method of acquiring citizenship and the duration of possession of the status of "citizen of Russia". Thus, a person who is a citizen of the Russian Federation by birth (for example, a child born in Russia from Russian parents) has the same legal status as a foreigner who has been granted Russian citizenship for special services to the Russian Federation. Citizens residing in different regions of the country have equal rights and obligations, and the scope of such rights and obligations does not depend on the time of acquisition of citizenship.

4) Citizenship of the Russian Federation has an open and free character.

Firstly, this is expressed in the presence of such a form of acquiring citizenship as admission, which, moreover, is carried out on grounds accessible to a person. In accordance with international human rights instruments calling on states to strive to reduce the number of stateless persons, the Russian Federation is pursuing an active policy in this regard. In accordance with Part 6 of Art. 3 of the Law, a stateless person is a person who is not a citizen of the Russian Federation and does not have evidence of citizenship of a foreign state. At the same time, part 3 of Art. 62 of the Constitution of the Russian Federation determines that foreign citizens and stateless persons in Russia enjoy the rights and bear obligations on an equal basis with citizens of Russia, except in cases established by Russian legislation or an international treaty of the Russian Federation.

In paragraph 6 of Art. 4 of the Law on Citizenship stipulates that Russia encourages the acquisition of citizenship of the Russian Federation by stateless persons and does not prevent them from acquiring other citizenship. In Art. 12 of the Law establishes that a child born on the territory of Russia from a stateless person is its citizen. Secondly, the free nature of the citizenship of the Russian Federation is expressed in the fact that the Constitution and the Law establish the right of a citizen to change citizenship. No one can be deprived of this right. The stability of the ties between a person and the state inherent in citizenship does not mean forcible, forced retention of a person in citizenship. It would infringe on his freedom.

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

The principle of maintaining the citizenship of the Russian Federation by persons living or staying abroad is regulated by paragraph 3 of Art. 4 of the Federal Law "On Citizenship of the Russian Federation". This principle means that the possession of Russian citizenship is not subject to compulsory residence in the Russian Federation. Departure of a Russian citizen for permanent place residence abroad will not entail the automatic termination of his citizenship. On the other hand, a citizen can renounce Russian citizenship without leaving the country.

The principle is due to the right of a citizen of Russia, established by Art. 27 of the Constitution of the Russian Federation, freely travel outside the Russian Federation and freely return back.

Federal Law No. 99-FZ of May 24, 1999 “On the State Policy of the Russian Federation in Relation to Compatriots Abroad” (Article 7) guarantees patronage and protection to its citizens abroad. Citizens of the Russian Federation residing on the territory of foreign states are subject to the same rights and obligations as citizens of the Russian Federation residing on the territory of Russia.

6) The impossibility of depriving a citizen of the Russian Federation of citizenship or the right to change it.

This principle is designed to ensure that a citizen can freely exercise his rights without fear of losing Russian citizenship (in particular, for dissent, disagreement with the policy of the authorities, etc.). If a Russian citizen carries out any illegal activity, he may be subject to different kinds responsibility and punishment, but Russian legislation does not and cannot provide for such a sanction as “deprivation of citizenship”.

In full accordance with Art. 15 of the Universal Declaration of Human Rights Part 4 of Article 4 of the Federal Law "On Citizenship of the Russian Federation" determines that "a citizen of the Russian Federation cannot be deprived of citizenship of the Russian Federation or the right to change it." Here, obviously, the legislator had in mind the deprivation or change of citizenship of the Russian Federation by the will of the state, or some other bodies and / or persons, since Art. 19 of the commented Law gives a citizen the right to withdraw from the citizenship of the Russian Federation at any time on the basis of his voluntary will. This right may be limited only on the basis of Art. 20 of the commented Law. Until 1991, the legislation of the USSR contained norms that gave the state the right to unilaterally deprive persons of the citizenship of the country. The norm of the commented article guarantees the right of a person both to retain citizenship and to renounce citizenship, regardless of the worldview of the person, his public statements, place of residence.

7) Impossibility of expulsion of a Russian citizen outside Russia or extradition to a foreign state (extradition).

A Russian citizen cannot be expelled from the country, as well as have obstacles to returning to his homeland (at the same time, this principle does not limit the powers of state authorities of the Russian Federation to expel foreign citizens and stateless persons from Russia on the grounds provided for by law). A Russian also cannot be extradited to another state in case of committing an offense abroad and presenting a corresponding request from this state for extradition in order to bring him to justice. The extradition of other persons who are on the territory of the Russian Federation is possible on the basis of interstate agreements on legal assistance in order to bring to criminal liability or to enforce a sentence. However, if the committed act, for which a Russian citizen is being prosecuted, is also unlawful from the point of view of Russian legislation, then this citizen should be held accountable in accordance with the norms of the legislation of the Russian Federation.

Part 5 Art. 4 of the Federal Law "On Citizenship of the Russian Federation" contains a ban on the expulsion of citizens of the Russian Federation outside its borders and their extradition to a foreign state. In the system of principles of Russian citizenship, this position is occupied by special place, as it limits the role of the state in citizenship relations and protects Russian citizens from criminal prosecution under the laws of foreign states.

The forced expulsion of Russian citizens outside its borders at the will of the state is prohibited, however, deportation is provided for foreign citizens in cases where they have violated the terms of stay or residence in the Russian Federation.

8) A citizen of the Russian Federation is given the opportunity to have citizenship of a foreign state (dual citizenship) in accordance with federal law or an international treaty of the Russian Federation (Article 62).

This is a new norm in the legislation on citizenship. Dual citizenship by law cannot arise automatically. And such reasons for the appearance of a Russian citizen of foreign citizenship in life are not uncommon: birth on the territory of a state that recognizes these persons as its citizens, automatic extension of the citizenship of a husband to a wife, etc. Russian legislation does not recognize this kind of dual citizenship. The Law states that a person who is a citizen of the Russian Federation is not recognized as belonging to the citizenship of another state, unless otherwise provided by an international treaty of Russia. Citizens of the Russian Federation who have a different citizenship cannot, on this basis, be limited in their rights, evade the performance of duties or be exempted from liability arising from the citizenship of the Russian Federation.

9) Citizenship of the Russian Federation is based on the denial of its automatic change at the conclusion or dissolution of marriage by a citizen of Russia with a person who does not belong to its citizenship, as well as when citizenship is changed by another spouse.

This principle reflects the essence of citizenship as an individual, personal connection of a person with the state, the inadmissibility of automatic termination of citizenship without the proper expression of the will of the person and compliance with the established procedure. In addition, such a norm proceeds from the recognition of marriage as an equal union, which does not allow a spouse to unconditionally follow the citizenship of the other spouse. Equally, a marriage entered into by a Russian citizen with a foreign citizen does not grant the latter Russian citizenship without due process.

2. Foundationsand the procedure for acquiring and terminating citizenship

2.1 The procedure for acquiring citizenship of the Russian Federation

Acquisition of citizenship is the acquisition of citizenship provided for by federal law. individual Russian citizenship on the basis or reason corresponding to one of the provisions put forward by law. The Law of the Russian Federation of November 28, 1991 "On Citizenship" determined that citizenship of the Russian Federation is acquired:

a) as a result of his recognition;

b) by birth (filiation);

c) in the order of its registration;

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

e) as a result of restoration of citizenship of the Russian Federation (reintegration);

f) by choosing citizenship (option) when changing the nationality of the territory and on other grounds provided for by international treaties of the Russian Federation.

The new Law on Citizenship, which entered into force on July 1, 2002, does not include those listed in paragraphs "a" and "c" among the grounds for acquiring Russian citizenship.

Recognition of citizenship as a basis for its acquisition was not provided for in previous legislation. All previous laws contained a general rule defining belonging to citizenship, i.e. giving an answer to the question of who is a citizen of the state. The acquisition of such a status was associated with two grounds - the recognition of citizenship and the acquisition of citizenship in the manner established by each given law. Recognition of citizenship meant a legislative solution to the question of which of the persons who were citizens of a given state at the time the new law came into force retained this status. The law generally applies the "zero option". It lies in the fact that, under the new law, all persons who were in its citizenship at the time this law came into force are recognized as citizens of the state. It was this formula that was used in the USSR citizenship laws of 1978 and 1990. However, according to the law of 1938, the recognition of USSR citizenship extended only to persons who, by November 7, 1917, were subjects of the former Russian Empire and who had not lost their Soviet citizenship. According to the previous Regulations, all persons on the territory of the USSR were recognized as citizens of the USSR, since their belonging to the citizenship of another state was not proven. When the current law on citizenship of the Russian Federation was adopted, there were no grounds for separating the recognition of citizenship from the grounds for its acquisition. In Art. 2 establishes that citizens of Russia are persons who have acquired citizenship in accordance with this law, and the rule on the recognition of citizenship is included in the article on the grounds for its acquisition. Russian law could not use the form of recognition as citizens of all persons who were in her citizenship on the day the Law came into force. This is explained by the fact that the citizenship of the Russian Federation for the entire period of its stay in the USSR did not have legal registration. acted single passport a citizen of the USSR, and it was impossible by legal means to either confirm or refute the fact of belonging to the citizenship of the Russian Federation. Therefore, in the Law, the recognition of citizenship received an unusual form of expression and is fixed as the basis for acquiring citizenship. According to Art. 13, citizens of the Russian Federation are recognized as all citizens of the former USSR permanently residing on its territory, on the day this law comes into force, if they do not declare their unwillingness to be citizens of the Russian Federation within a year. Consequently, the grounds for recognition were such features as possession of USSR citizenship and permanent residence in Russia. In fact, this is a "zero option", because in fact no one had to take any steps to confirm citizenship. Unusual for the legislation on citizenship is also a clause about the possibility of declaring within a year that you do not want to be a citizen of the Russian Federation. Its presence in the law is explained by the fact that among the persons who meet the conditions for recognizing them as citizens of the Russian Federation, there could be those who considered themselves citizens of other union republics, and the law did not prevent this. There were no legal norms on the grounds on which republican citizenship is determined, and any documentation of it. The Regulations on Citizenship of the USSR of 1931 indicated the possibility of recognizing a citizen of the USSR, at his request, as a citizen not of the republic where he lives, but of another. Recognition of citizenship as a form of its acquisition is a process that ends mainly on the day the Law enters into force, and is implemented in one act.

The acquisition of citizenship by birth is the generally accepted basis for acquiring citizenship. In any state, the majority of citizens are citizens by birth. The acquisition of citizenship by birth (filiation) means that a person's civil connection with the state arises from the very fact of his birth.

When acquiring citizenship by birth in the states of the world, two basic principles apply. The principle of "right of blood", according to which the nationality of the child is determined by the nationality of the parents, regardless of the place of birth. The principle of "rights of the soil", according to which the citizenship of a child, on the contrary, is determined by the place of birth, the territory of the state in which he was born, regardless of the citizenship of the 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 “right of blood” 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 stateless, or is declared missing, or the place its location is 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 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 the citizenship of the Russian Federation, and the other is a foreign citizen. It should be noted that in such a situation, the child can also acquire the citizenship of the state of which the other parent is a citizen, however, if the legislation of this state does not provide for such an opportunity and the child can become a stateless person, then he acquires the citizenship of the Russian Federation under Russian law;

* if both parents (or the only parent) residing 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 the child their citizenship;

* if the parents of the child are unknown and do not appear within six months from the date of his discovery on the territory of the Russian Federation. In this case exact location the birth of a child is unknown, but a kind of presumption of his birth in the territory of Russia is established, which gives grounds for acquiring Russian citizenship on the basis of the “right of the soil” principle.

Filiation is the most common and simplest basis for acquiring citizenship, and does not require any special procedure.

The Law on Citizenship also established such a new basis as the acquisition of citizenship of the Russian Federation by way of registration (Article 18). Registration is a simplified procedure for acquiring citizenship. It is not connected with the complex procedures accompanying the decision on admission to citizenship, which is formalized by the Decree of the President of the Russian Federation. Registration is carried out by the relevant internal affairs bodies. The introduction of this form was due to a number of circumstances related to the previous history of Russia. Firstly, many people - citizens of the USSR, who considered themselves citizens of Russia, by the time of the collapse of the Union, lived on the territory of other union republics that turned into independent states. The issue of their citizenship had to be resolved on the basis of their unconditional right to citizenship of the Russian Federation. Therefore, the Law determined that such persons residing in the former Soviet republics, as well as those who arrived to live in the territory of Russia after February 6, 1992 (the day the Law on Citizenship came into force), can acquire its citizenship by registration. The same right, but within one year, was assigned to stateless persons permanently residing in the territory of Russia or other republics, as well as foreign citizens and stateless persons, regardless of their place of residence. A necessary condition was that they themselves or at least one of their relatives in the direct ascending line were Russian citizenship (citizenship) by birth. Secondly, the Law proceeded from the need to restore justice in relation to persons recognized as being citizens of the Russian Federation by birth, unlawfully deprived of citizenship of the USSR, as well as from the interests of restoring families.

One of the grounds for acquiring citizenship by foreigners and stateless persons is admission to citizenship. Since admission to citizenship concerns persons who do not have the right to the citizenship of a given state, it is not an obligation of the state, but its right, an act of free discretion of the state power, which can always refuse it.

Admission to citizenship, on the basis of paragraph "b" of Art. 11 of the Federal Law "On Citizenship", is one of the grounds for acquiring citizenship by foreigners and stateless persons. If the basis for acquiring citizenship by birth is based only on the fact of birth, then the basis provided for in paragraph "b" of this article presupposes the existence of a certain procedure and the fulfillment of a number of formalities by those wishing to acquire citizenship. The acquisition of Russian citizenship as a result of admission to citizenship does not mean that any person who has submitted an application to the competent state body can become a Russian citizen. The granting of citizenship on the said grounds is the law of the state, which it applies if the person meets certain special conditions. Such conditions, in particular, include the presence of a certain period of residence in the territory of the state and knowledge of the Russian language, as well as the availability of a source of livelihood.

The term "naturalization" is not used by Russian legislation. The Law on Citizenship, which was in force until July 1, 2002, operated with the concept of “acquisition of citizenship upon application”. The Federal Law of May 31, 2002 “On Citizenship of the Russian Federation” introduces two concepts to characterize naturalization: “acceptance of citizenship of the Russian Federation in general order"and" admission to the citizenship of the Russian Federation in a simplified manner.

The federal law “On Citizenship of the Russian Federation” (clause 1, article 13) generally grants the right to acquire Russian citizenship to capable foreign citizens and stateless persons when they reach the age of 18. These persons may apply for Russian citizenship, provided that they:

a) live in the territory of the Russian Federation from the date of obtaining a residence permit for 5 years continuously. The period of residence on the territory of the Russian Federation is considered continuous if a person leaves the Russian Federation for study or treatment for no more than 3 months;

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

c) have a legitimate source of livelihood;

d) applied to the authorized body of a foreign state with a statement on the renunciation of their other citizenship;

e) speak Russian (the procedure for determining the level of knowledge is established by the regulation on the procedure for considering issues of citizenship of the Russian Federation).

The law provides for circumstances mitigating admission to the citizenship of the Russian Federation, i.e. giving the right to reduce these requirements, up to their complete elimination. So, a person who has special merits to the Russian Federation can be admitted to the citizenship of the Russian Federation without observing the listed conditions. The mandatory period of residence in the Russian Federation is reduced to 1 year if there is at least one of the following grounds:

§ the birth of a person in the territory of the RSFSR and the state in the citizenship of the former USSR in the past;

§ Married to a citizen of the Russian Federation for at least 3 years;

§ a disabled person has a capable and adult son or daughter who has the citizenship of the Russian Federation;

§ Availability high achievements in the field of science, technology and culture, as well as the possession of a profession or qualification of interest to the Russian Federation;

§ obtaining political asylum on the territory of the Russian Federation; recognition of a person as a refugee.

Simplified - this is a preferential procedure for acquiring Russian citizenship, excluding the requirement for a 5-year period of residence in the territory of the Russian Federation in relation to a category of persons defined by the Law. This right is granted by the Law to persons:

§ who have at least one parent who has the citizenship of the Russian Federation and lives in the territory of the Russian Federation;

§ had the citizenship of the USSR, lived and live in the states that were part of the USSR, did not receive the citizenship of these states and remain stateless.

Without complying with all the conditions stipulated by the Law (Part 1, Article 13), a child and an incapacitated person who are foreign citizens (stateless persons) are admitted to the citizenship of the Russian Federation in a simplified manner if: one of the child's parents is a citizen of the Russian Federation; the only parent of the child has the citizenship of the Russian Federation; guardians or custodians of a child or an incapacitated person are citizens of the Russian Federation. In order to acquire citizenship of the Russian Federation in the specified order in all these cases, the parent of the child (who is a citizen of the Russian Federation), the guardian, the guardian of the child or the incapacitated must apply to the appropriate authority.

The 2002 Law on Citizenship of the Russian Federation considers the restoration of citizenship as one of the grounds for acquiring citizenship of the Russian Federation (paragraph “c” of Article 11). The Law says: “Foreign citizens and stateless persons who previously had Russian citizenship may be restored to Russian citizenship in accordance with Part 1 of Art. 13 of this Federal Law. At the same time, the period of their residence in the territory of the Russian Federation is reduced to three years.

It should be noted that this basis for acquiring citizenship does not apply to former citizens of the RSFSR - a state that was part of the USSR. Restoration of citizenship takes place in the manner established for admission to citizenship of the Russian Federation, but has a simpler procedure (in particular, the period of continuous residence in the territory of the Russian Federation in such cases is reduced to three years).

Citizenship of the Russian Federation can be acquired as a result of the choice of citizenship (option). This form is used when changing the state ownership of the territory and on other grounds provided for by international treaties of the Russian Federation. Persons residing in such territories are given the right to choose citizenship: either leaving their former citizenship or acquiring the citizenship of the state to which the territory belongs. The conditions for this, the procedure and terms are determined by an international treaty of the Russian Federation. Typically, such a choice, in appropriate cases, is associated with the resettlement of persons who have chosen a different citizenship.

Other grounds for acquiring citizenship provided for by the current Law include adoption, guardianship, agreement of parents on the Russian citizenship of the child, granting honorary citizenship, etc.

The grounds provided for by an international treaty of the Russian Federation include, for example, a provision on the acquisition of Russian citizenship by persons who have the citizenship of a country with which there is an agreement on the settlement of issues of dual citizenship (currently such rules are provided for by agreements with Tajikistan and Turkmenistan). Russia also has obligations on a simplified procedure for acquiring citizenship by persons who are citizens of some CIS countries (based on the Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on a simplified procedure for acquiring citizenship of 26.02.1999).

So, for example, the PVS of the Department of Internal Affairs of the Gvardeisky District was obliged to issue a passport of a citizen of the Russian Federation to Sergei Aleksandrovich Makarchuk, born on September 5, 1985, based on the ruling of the Investigative Committee for Civil Cases of the Kaliningrad Regional Court dated June 18, 2003 No. 33-1281 / 2003. Previously, the PVS of the Department of Internal Affairs of the Gvardeisky District refused to this action Makarchuk S.A. on the grounds that he is a citizen of the Republic of Kazakhstan, he must obtain a passport there, and then, on a general basis, obtain citizenship of the Russian Federation.

Since in 2000 the family of Makarchuk S.A. moved from the Republic of Kazakhstan to permanent residence V Kaliningrad region, in 2001 the mother of Makarchuk S.A. restored Russian citizenship, subsequently also received citizenship of the Russian Federation and Makarchuk's father S.A.

In accordance with Art. 11 of the Federal Law “On Citizenship of the Russian Federation”, citizenship of the Russian Federation can be acquired not only by birth, as a result of admission to the citizenship of the Russian Federation and restoration of citizenship of the Russian Federation, as the court pointed out, but also on other grounds provided for by the commented Law or an international treaty of the Russian Federation.

In accordance with Art. 3 Agreement between the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation of February 26, 1999, which entered into force for Russia on November 4, 2000, regarding the acquisition of citizenship in a simplified (registration) procedure, when changing the citizenship of parents, as a result of which both parents become citizens of another parties, the nationality of their minor children also changes accordingly.

2.2 Termination of Russian citizenship

According to Art. 6 of the Constitution of the Russian Federation, every Russian citizen can change his citizenship and, therefore, terminate it, transferring or not transferring to another citizenship. Termination of citizenship of the Russian Federation is possible, as a rule, only on the basis of a voluntary declaration of will (with the exception of young children and incapacitated children who do not have free will, as well as in the case of a decision to revoke the citizenship of a particular person in connection with the submission of false information when acquiring it). Deprivation of citizenship by state bodies of the Russian Federation at their discretion is no longer possible. Citizenship of the Russian Federation is terminated by a federal act (decree of the President of the Russian Federation).

The Federal Law "On Citizenship of the Russian Federation" establishes that citizenship of the Russian Federation is terminated:

a) due to renunciation of citizenship;

b) on other grounds provided for by this Law or an international treaty of the Russian Federation.

Obviously, such grounds include the cancellation of the decision on admission to citizenship, the choice of citizenship (option) when changing the nationality of the territory of the Russian Federation.

The most common way to terminate citizenship is renunciation of citizenship, which means the right of a citizen, provided by law, to terminate relations of citizenship with this state in the prescribed manner. The Law of May 31, 2002 "On Citizenship of the Russian Federation" establishes that withdrawal from citizenship of the Russian Federation is possible on the basis of the voluntary expression of the will of such a person, as a rule, in a general manner (Article 19). In this case, the decision to withdraw at the request of the person is considered by the President of the Russian Federation. Withdrawal from the citizenship of the Russian Federation by a person residing in the territory of a foreign state is carried out in a simplified manner. If a child who intends to renounce citizenship has one of the parents a citizen of the Russian Federation, and the other is a foreign citizen, then renunciation of citizenship is carried out in a simplified manner. In accordance with Art. 20 of the Law on Citizenship, renunciation of citizenship of the Russian Federation is not allowed: a) if a citizen of the Russian Federation has an obligation to the Russian Federation established by federal law that has not been fulfilled (for example, after a person of military age receives a summons for conscription for military service before it ends); b) if this person is involved as an accused in a criminal case or if there is a court judgment of conviction against him that has entered into legal force; c) if the person does not have another citizenship and guarantees of its acquisition

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The concept, basic principles of citizenship, legal justification and the procedure for obtaining and terminating it. Change of citizenship of children. Legal regulation of solving cases in this area, responsible state bodies, their duties.

The concepts-synonyms - "legal status", "legal status" - are widely used in the current regulations and modern legal literature. They designate the role, place, conditions for the participation of the individual in the system of social relations and imply the entire set of rights, freedoms and duties of the individual, guarantees of their observance, fixed by all branches of law without exception.

The term "foundations of the legal status of the individual" has a narrower meaning. Here we are not talking about the participation of the individual in absolutely all relations regulated by law. Only the most important, fundamental relations are implied, regulated by the main law of the country - the Constitution of the Russian Federation. Moreover, the norms of the Constitution, as L. D. Voevodin rightly believes, need to be concretized and developed in laws, not only federal, but also regional. It is no coincidence that the Constitution of the Russian Federation contains so many provisions of a referential nature. This is legislation on citizenship, on refugees and internally displaced persons, on the fundamentals of the legal status of foreigners and stateless persons, etc.

Thus, the foundations of the legal status of an individual in the Russian Federation are a set of fundamental rights, freedoms and obligations of an individual, provided for by the Constitution of the Russian Federation and adopted in its development, the implementation and execution of which is ensured by a special system of constitutional guarantees.

The foundations of the legal status of a person and a citizen in the Russian Federation are a complex institution of constitutional law, the legal norms of which regulate family relations that develop between the individual, society and the state.

This institution includes the following elements: legal norms governing issues of citizenship. In relations between the state and the individual, citizenship acquires a special role, because only it gives the individual a full range of rights, freedoms and imposes a full range of duties in the Russian Federation, and in any other state; fundamental rights, freedoms and duties of man and citizen. The unity of rights and duties combines private and public interests; constitutional legal personality, including constitutional legal capacity, i.e. the individual's ability to enjoy fundamental rights and freedoms; constitutional capacity, i.e. the ability of an individual consciously, including active actions, to exercise fundamental rights and freedoms, as well as to bear basic duties. For example, from the moment of birth, any person has the right to freely travel outside the Russian Federation, however, citizens who have not reached the age of majority can do this only with the consent of one of the parents or persons replacing them.

The concept and principles of citizenship of the Russian Federation

The presence of citizenship is inherent in the main republican form of government. To reflect the legal ties between a person and a monarchical state, another concept is used - “citizenship”.

Every citizen of the Russian Federation is simultaneously a citizen of the Union of Belarus and Russia.

Signs of citizenship: Citizenship is a legal state, that is, a continuing two-way relationship (in science and law it is called a connection) between an individual and a state that does not have a clearly defined, specific object and content. Citizenship is a stable legal relationship between a person and the state. It exists constantly, is not subject to the automatic influence of various external factors. There are even special legislative guarantees in this regard: permanent or long-term residence of a citizen of the Russian Federation abroad does not terminate his citizenship of the Russian Federation; the conclusion or dissolution of marriage by a citizen of the Russian Federation with a person who does not belong to the citizenship of the Russian Federation does not entail a change in citizenship. Citizenship is a legal bond. Citizenship is not acquired, changed or terminated arbitrarily, for example, by virtue of an agreement, an "arrangement" between a citizen and an authority. All issues related to citizenship are resolved in strict accordance with the current legislation. Moreover, admission to Russian citizenship and withdrawal from it at the request of a citizen is carried out exclusively by Decree of the President of the Russian Federation. The presence of citizenship determines the recognition of a particular set of rights, freedoms and obligations for a person. In particular, unlike foreigners and stateless persons, Russian citizens have the right to elect and be elected, may participate in the administration of justice, are required to perform military service, etc.

The legislation of the Russian Federation on citizenship is based on a number of important legal ideas, guidelines, called the principles of citizenship in the Russian Federation.

Principles of citizenship in the Russian Federation: Everyone's right to citizenship.

Enshrining this principle, the Federal Law on Citizenship of the Russian Federation exactly follows the requirement of Article 15 of the Universal Declaration of Human Rights. Thus, it is emphasized that Russia is not a kind of “closed” state, that the opportunity to acquire Russian citizenship, subject to the rules and procedures established by law, is given to any person. Moreover, these rules and procedures are not very difficult to implement.

In addition, the Russian Federation is implementing a policy of reducing statelessness: it encourages the acquisition of Russian citizenship by stateless persons and does not prevent them from acquiring other citizenship.

It should also be taken into account that the right to citizenship is not an obligation to be a Russian citizen throughout life: no one in the Russian Federation can be deprived of the right change your citizenship. Inadmissibility of arbitrary deprivation of citizenship.

Acts of the RSFSR on citizenship of 1918-1921, regulations on citizenship of the USSR 1924, 1930, 1931, laws of the USSR on citizenship of 1938, 1978, 1990. gave the state the opportunity to deprive a person of his citizenship without his consent. Moreover, the relevant legal norms were formulated in such a way that they gave scope for the arbitrariness of the competent state bodies and officials. Only the Law of the Russian Federation of November 28, 1991 "On Citizenship of the Russian Federation" consolidated the extremely democratic provision that no one in the Russian Federation can be deprived of his citizenship. It is also enshrined in the Federal Law of May 31, 2002 Equal Citizenship.

Citizenship of the Russian Federation is equal regardless of the grounds for its acquisition. Russian legislation does not recognize differences in the status of its citizens depending on the grounds for acquiring citizenship: by recognition, birth, registration, etc. All of them have equal rights and bear equal duties. Single citizenship.

The principle of unity of citizenship is due to the federal structure Russian state, which includes, among other subjects of the Federation, 21 republics. And each republic, in accordance with the Constitution of the Russian Federation (part 2, article 5), is a state that has its own citizenship.

In science, this phenomenon is perceived ambiguously. In particular, VN Lysenko believes that the fact that the republics have their own citizenship is contrary to the Constitution of the Russian Federation. Indeed, there is no direct mention of republican citizenship in the Russian Constitution. However, according to paragraph “c” of Article 71 of the Basic Law of the country, the jurisdiction of the Russian Federation is “citizenship in the Russian Federation”. The preposition in this phrase has a very definite meaning: Russia, firstly, regulates its own, i.e. federal citizenship; secondly, it establishes general rules regarding citizenship, mandatory for the subjects of the Russian Federation.

In accordance with this constitutional norm, the Federal Law on Citizenship of the Russian Federation provides that citizens of the Russian Federation permanently residing on the territory of a republic within the Russian Federation are simultaneously citizens of this republic.

Thus, in republics, citizenship cannot be established arbitrarily. To become a citizen of, for example, Tatarstan or Udmurtia, only two conditions are required: Russian citizenship and permanent residence in the territory of Tatarstan or Udmurtia.

It is impossible to be a citizen of a republic within the Russian Federation without being a citizen of the Russian Federation. The termination of Russian citizenship automatically means the termination of republican citizenship. The right to dual citizenship.

For a long time, the very idea of ​​dual citizenship was denied in Soviet and Russian legislation. However, the Constitution of the Russian Federation (Part 1, Article 62) and the Federal Law on Citizenship of the Russian Federation grant every Russian citizen the right to simultaneously have the citizenship of another state. Moreover, a person with dual citizenship retains all the rights, freedoms and obligations of a citizen of Russia, unless otherwise provided by federal law or international law. There are currently a number of exceptions to this general rule: in particular, for persons with dual citizenship, a more complex procedure has been established for admitting them to state secrets.

A Russian citizen may be allowed to have at the same time the citizenship of only that state with which there is an appropriate international treaty of the Russian Federation. Otherwise, a person's second citizenship is not recognized; on the territory of Russia, it is void. Permission for dual citizenship at the request of the interested person is given by the President of the Russian Federation. Protection and patronage of citizens of the Russian Federation who are outside the Russian Federation.

Citizens of the Russian Federation outside its borders enjoy the protection and patronage of the Russian Federation.

The legislation of the Russian Federation provides for which state bodies are in charge of citizenship cases and what are the powers of these bodies, the procedure for the production and appeal of decisions in these cases is fixed.

In the system of bodies related to the solution of issues of citizenship, the President of the Russian Federation as the head of state, personifying him, has the main powers. The Russian Constitution establishes that the President of the Russian Federation decides on issues of citizenship of the Russian Federation (clause “a” of article 89). These include: admission to citizenship; restoration of citizenship; renunciation of citizenship; cancellation of the decision on admission to citizenship. On the above issues, the President of the Russian Federation issues decrees. Other state bodies connected with the solution of these issues carry out only preparatory work.

These bodies include the Citizenship Commission under the President of the Russian Federation. Its tasks include preparing proposals for the President of the Russian Federation on citizenship cases, ensuring the implementation of a unified state policy in the field of citizenship, control over the execution of decisions on citizenship issues. The President of the Russian Federation appoints the Chairman of the Commission and, at the suggestion of the latter, approves its composition. Members of the Commission participate in its work on a voluntary basis. In addition, the Office of the President of the Russian Federation on Citizenship Issues operates as a subdivision of the Administration of the President of the Russian Federation.

The rest of the state bodies that are directly and indirectly involved in resolving issues of citizenship of the Russian Federation are included in the system of federal executive authorities. These include the Ministry of Internal Affairs of Russia and its bodies, as well as the Russian Ministry of Foreign Affairs, diplomatic missions and consular offices.

The powers vested in these bodies to resolve issues of citizenship are similar, with the only difference being that the former accept them in relation to persons residing on the territory of the Russian Federation, and the latter - outside it. These powers include: receiving applications and petitions on issues of citizenship of the Russian Federation; verification of facts and submitted documents; sending an application along with documents to the Commission on Citizenship under the President of the Russian Federation; determination of the belonging of persons to the citizenship of the Russian Federation; registration of the acquisition or termination of citizenship of the Russian Federation in the cases provided for by the Law.

There are significant differences in the procedure for processing and resolving issues of acquiring and terminating citizenship in the registration procedure (that is, in a simplified procedure) and in all other cases. They relate to: the established form of appeal; decision-making bodies; acts by which decisions are drawn up; appeal procedure.

To resolve the issue of registration of citizenship, an application is submitted; the decision on this issue is taken by the relevant police department or the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular offices; decisions are drawn up by a conclusion (if necessary, by a presentation); consideration period - no more than 6 months; decisions can be appealed to the court within 1 month.

In all other cases of acquisition and termination of citizenship that are not subject to the registration procedure, an application is made to the President of the Russian Federation, who makes decisions on these issues; they are issued by the Decree of the President of the Russian Federation; the term for consideration of applications is no more than 9 months; decisions are not subject to appeal, which does not exclude the possibility of a second application.

Both the application and the petition are submitted in writing in the prescribed form to the internal affairs department at the place of residence of the person (outside the Russian Federation to the appropriate diplomatic mission or consular office).

Citizenship of the Russian Federation is considered acquired or terminated from the date of the decision by the authorized body or the issuance of the Decree of the President of the Russian Federation. The execution of decisions is assigned to the Ministry of Internal Affairs of Russia and its bodies, or to the Ministry of Foreign Affairs of Russia, diplomatic missions and consular offices, respectively. Features of the legal status of foreign citizens and stateless persons in the Russian Federation. Relatively recently, the Law of the USSR of June 24, 1981 “On the Legal Status of Foreign Citizens in the USSR” was applied in Russia, to the extent that it did not contradict Russian legislation. It was replaced by the Federal Law of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation", which has the following structure: Ch. I. General provisions (Articles 1-15); ch. II. The procedure for issuing invitations to enter the Russian Federation (Articles 16-19); ch. III. Registration of foreign citizens in the Russian Federation (Articles 20-25); ch. IV. Registration of foreign citizens temporarily staying and residing in the Russian Federation (Articles 26-29); ch. V. Control over the stay and residence of foreign citizens in the Russian Federation (Art. 30-32); ch. VI. Responsibility for violation of this federal law (Articles 33-35); ch. VII. Final provisions (Articles 36-38).

Grounds and procedure for acquiring citizenship of the Russian Federation

The law provides that the rejection of an application for renunciation of Russian citizenship or refusal to register a renunciation must be motivated by the competent authorities.

The basis for the termination of citizenship is also the cancellation of the decision on admission to the citizenship of the Russian Federation. The reason for this is the acquisition of citizenship on the basis of deliberately false information and false documents. In order to properly guarantee the rights of a citizen of the Russian Federation, the law establishes a judicial procedure for establishing such facts, does not link the cancellation of decisions on admission to citizenship of a particular person with the termination of the citizenship of a spouse and children (unless their knowledge of acquiring citizenship illegally is proved). In addition, it is stipulated that the cancellation of the decision on admission to citizenship is possible only within 5 years after admission.

Procedure for changing the citizenship of children

The Federal Law on Citizenship of the Russian Federation devotes a special chapter to regulating the citizenship of children when changing the citizenship of parents, during adoption, guardianship, guardianship, taking into account the interests of the child as fully as possible in possible life situations. The starting principle in this case is the desire to ensure the same citizenship of all family members, take into account the desire of children who can make a conscious choice at the appropriate age, exclude the state of statelessness of children, and, if possible, preserve the Russian citizenship of children in their interests.

The law establishes the general provisions that the nationality of children under 14 years of age follows the nationality of their parents; the citizenship of children aged 14 to 18 is changed with their written consent; the citizenship of children does not change when the citizenship of parents deprived of parental rights changes, and the consent of the parents is not required to change the citizenship of children in this case. These provisions apply to all situations where it is necessary to resolve the issue of the child's citizenship when changing the citizenship of parents, guardianship, adoption.

If both parents or a single parent acquire the citizenship of the Russian Federation, then, subject to the above conditions, the citizenship of the children changes accordingly. If one of the parents acquires the citizenship of the Russian Federation, then the child is granted its citizenship at the request of this parent and with the written consent of the other parent. If the citizenship of the Russian Federation is terminated for only one parent, then the child retains this citizenship. At the request of this parent and with the written consent of the other, the child's Russian citizenship is terminated, but only if he does not remain stateless.

The norm of the Law on the citizenship of children upon their adoption is also based on similar approaches. In all possible cases, the adoption or adoption of Russian citizenship is ensured. However, based on the interests of equal citizenship in the family, another solution to the issue is not excluded. The conditions provide for the existence of a petition for this, the agreement of the adoptive parents and the granting of another citizenship to the child, i.e. inadmissibility of his statelessness.

The law establishes that the nationality of the incapacitated person follows the nationality of the guardian.

Disputes between parents, guardian or custodian about the citizenship of children and incapacitated persons are considered in court proceeding from the interests of the child or incapacitated person. The procedure for deciding cases on citizenship of the Russian Federation. The implementation of the norms discussed above on the grounds for acquiring, terminating and changing Russian citizenship is connected with the need for its actual legal regulation. This is the subject of a significant part of the articles of the Federal Law on Citizenship of the Russian Federation, other regulatory legal acts and documents directly and indirectly related to the consideration of issues of citizenship of the Russian Federation. At the same time, it should be taken into account that, in accordance with Art. 71 (p. "c") of the Constitution of the Russian Federation, the regulation of citizenship issues is referred to the exclusive jurisdiction of the Russian Federation.

Legal status of foreign citizens in the Russian Federation

First of all, this applies to such areas as: employment; receiving medical and medicinal assistance; accommodation in temporary accommodation centers and receiving food there according to established standards; use of residential premises from the housing fund for temporary settlement; obtaining assistance in providing travel and baggage transportation to the place of stay; receiving a lump sum allowance.

At the same time, there are certain specific rights that are granted either only to refugees or only to internally displaced persons.

First of all, given that forced migrants are citizens of the Russian Federation, they have a whole range of political rights, including the right to elect and be elected to state authorities and local self-government, to be in the state and municipal service, to serve in the Armed Forces of the Russian Federation, etc. .

Based on the fact that forced migrants are citizens of Russia, the domestic legislator strengthens them social security in comparison with refugees: they are granted additional rights in the field of accommodation and housing, social security, etc.

Of course, all this should be reasonably combined with the interests of the indigenous population of the respective regions, which should not experience negative consequences from the excessive accumulation of problem migrants in certain regions that are most favorable in terms of climatic and socio-economic living conditions.

In the regulation of migration flows, the main coordinating role is played by the federal authorities of the Russian Federation. However, it should be recognized that their activities in this direction do not always meet the interests of both the state as a whole and individuals. Based on this, both categories of problem migrants are granted by the laws of the Russian Federation the right to appeal against the actions and decisions of state authorities and local self-government bodies and their officials to a higher authority or directly to the court.

One of the bodies specially created under the Federal Migration Service of the Russian Federation for the full and comprehensive consideration of complaints received by the FMS of Russia is the Appeal Commission, whose activities are regulated by the Regulations on the Appeal Commission of the FMS of Russia, approved by Order of the FMS of Russia dated October 3, 1995 No. 141 " On the Formation of the Appeal Commission of the FMS of Russia.

As for the appeal to the court, it is carried out in accordance with the Law of the Russian Federation of April 27, 1993 "On appealing to the court of actions and decisions that violate the rights and freedoms of citizens."

The peculiarities of the legal status of refugees, as noted above, follow from the fact that they are not citizens of the Russian Federation. In this regard, the principle of “non-refoulement” generally recognized in international public law applies to them, that is, they cannot be returned against their own will to the territory of the state of their nationality (former place of residence), if the circumstances that forced leave him.

Enshrining Article 10 of the Law of the Russian Federation of February 19, 1993 “On Refugees” this principle, the Russian legislator proceeded from the provision of Article 33 of the 1951 UN Convention “On the Status of Refugees”, according to which the expulsion of refugees or their forced return to countries, from which they come, where their life or freedom is threatened because of their race, religion, nationality, membership of a particular social group or political opinion.

However, this rule cannot be applied to refugees who pose a real threat national security countries of their residence or convicted by a court verdict that has entered into legal force for committing especially grave crimes.

The principle of non-refoulement to the country of one's former residence is confirmed in the 1967 Protocol Relating to the Status of Refugees. To some extent, this provision is also proclaimed in the 1984 UN Convention against Torture and in some regional acts and documents (for example, paragraph 3 of Article 11 The 1969 OAU Convention on the Specific Aspects of Refugee Problems in Africa declares that no person shall be subjected to measures such as denial of admission at the frontier, return or expulsion which would compel him to return to a territory where his life, personal integrity or freedom may be threatened).

However, this does not mean that persons applying for refugee status cannot be expelled from the Russian Federation at all. In case of refusal to consider the application on the merits or in case of refusal to be recognized as a refugee, as well as after a final decision on the complaint, a person who has no other legal grounds for staying on the territory of the Russian Federation and refuses to voluntarily leave may be deported from Russia together with members of the families.

Deportation as a measure of administrative influence can also be applied to persons who, for one reason or another, were deprived or lost their refugee status. But when making a decision on expulsion, the state authorities of the Russian Federation in this case must also comply with the requirements of Article 33 of the UN Convention of 1951. With regard to a forced migrant or a person applying for the status of a forced migrant, it is in principle impossible to make such a decision, since he is a citizen of Russia.

Another specific feature that characterizes the status of persons applying for recognition as refugees concerns the possibility of carrying out an identification procedure for them, including fingerprinting. According to the Law on Refugees, such a procedure is permissible only in relation to persons who, as it is reliably established, illegally crossed the State Border of the Russian Federation or do not have documents proving their identity.

It should be noted that the Law on Refugees on this issue is somewhat different from the later Federal Law of July 25, 1998 “On State Fingerprint Registration in the Russian Federation”, Article 9 of which provides for mandatory state fingerprint registration all foreign citizens and stateless persons who arrived in the Russian Federation in search of asylum and filed applications for recognition as refugees on the territory of the Russian Federation.

The specified procedure is carried out in the territorial body of the migration service or in the temporary accommodation center for persons applying for recognition as refugees.

With regard to citizens of the Russian Federation applying for the status of forced migrants, such a procedure is not provided for by law, and if somehow it is carried out somewhere, the officials who allowed it are subject to legal liability, up to criminal.

Compared with internally displaced persons, refugees have a number of specific rights.

First of all, they have the right to receive the services of an interpreter, assistance in processing documents for entry into the territory of the Russian Federation if they are outside its borders, escort them by representatives of the territorial bodies of the Federal Migration Service and (or) the territorial body of internal affairs to a temporary accommodation center, security for the purposes of ensuring their safety.

A distinctive feature of the status of refugees is that they can apply for citizenship of the Russian Federation and, in case of a positive decision, automatically lose their refugee status, after which they have the right to apply for the status of a forced migrant and the use of all the rights arising from it.

The issue of the legal status of both refugees and internally displaced persons is directly related to the grounds for its loss and deprivation.

If the deprivation of status for both categories of persons occurs on almost the same grounds (deliberate reporting of false information or presentation of false documents that served as the basis for obtaining the corresponding status, as well as conviction on the basis of a court verdict that has entered into legal force for committing a crime), then the grounds for the loss are directly related to the factor of belonging to the citizenship of the Russian Federation.

The Law of the Russian Federation of February 19, 1993 "On forced migrants" clearly establishes the grounds for the loss of the status of a forced migrant. They are: termination of citizenship of the Russian Federation; departure for permanent residence outside the territory of Russia; status expiration.

With regard to refugees, the Law on Refugees establishes a wider range of grounds for loss of status: obtaining a permit for permanent residence on the territory of the Russian Federation or acquiring citizenship of the Russian Federation; voluntary use of the protection of the State of one's nationality; voluntary acquisition of former citizenship (in case of its deprivation); acquiring the citizenship of a foreign state and enjoying the protection of the state of one's new nationality; voluntary return to the state that the person left or outside of which he stayed due to the circumstances as a result of which he was granted refugee status; in the absence of more circumstances that forced the person to leave the territory of the state of his nationality, in connection with which the refusal to use the protection of this state cannot be considered justified; the opportunity to return to the state of their former / usual / place of residence (for stateless persons) upon termination of the circumstances that forced them to leave the territory of this state.

It should be taken into account that a person who has grounds for obtaining refugee status may not file a corresponding application, but limit himself only to a request for temporary (political) asylum. In this case, the norms of the Law on Refugees do not apply to him. The legal status of a person who has received such asylum is regulated by the Constitution of the Russian Federation (Article 63), the Federal Law of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”, and other regulatory legal acts of the Russian Federation.

The provision of political asylum is regulated by Article 12 of the Federal Law “On Refugees”, the Regulations on the procedure for granting political asylum by the Russian Federation, approved by Decree of the President of the Russian Federation of May 21, 1997 No. 746, according to which the Russian Federation provides certain persons with political asylum and protection from persecution or real threats to become a victim of persecution in the country of their nationality or in the country of their habitual residence for public and political activities and beliefs that do not contradict democratic principles, generally recognized principles and norms of public international law.

At the same time, it is taken into account that the persecution is directed directly against the person who applied for political asylum, and not only persons who have grounds for recognizing them as refugees, but also those who do not have such grounds, but for humanitarian reasons is not expelled from the host country.

Political asylum is granted by the Russian Federation to foreign citizens and stateless persons, taking into account the state interests of the Russian Federation on the basis of generally recognized principles and norms of public international law.

The grounds for granting political asylum are persecution directed directly against the applicant or real threat become a victim of persecution in the country of their citizenship or in the country of their usual residence for their social and political activities and beliefs that do not contradict democratic principles recognized by the world community, the norms of international law.

The Russian Federation is granted political asylum by decree of the President of the Russian Federation.

The granting of political asylum also extends to family members of the person who received it, subject to their consent to the application. The consent of children under the age of 14 is not required.

Political asylum of the Russian Federation is not granted if: a person is prosecuted for actions (inaction) recognized as a crime in the Russian Federation, or is guilty of committing actions contrary to the goals and principles of the UN; the person has been charged as an accused in a criminal case or there is a judgment of conviction against him or her that has entered into legal force and is subject to execution by a court in the territory of the Russian Federation; the person came from a third country where he was not in danger of being persecuted; the person came from a country with developed and well-established democratic institutions in the field of human rights protection; the person arrived from a country with which the Russian Federation has an agreement on visa-free border crossing (for example, from Belarus); the person has knowingly provided false information about himself; the person has the citizenship of a third country where he is not prosecuted.

Choosing a topic for my term paper, I was primarily guided by the great importance of this topic for the population. Since at present the issue of citizenship is very relevant due to the migration of the population from one country to another, including Russia. In addition, marriages between our citizens with citizens of foreign countries are currently popular, which leads to the need to resolve the issue of citizenship of children who will appear from such a marriage, or who already have at marriage. The problem of citizenship during the war in the territories neighboring Russia is especially acute, since a huge number of refugees begin to arrive in Russia, who, according to the law, are provided with a simplified procedure for acquiring Russian citizenship. This also applies to children. And also there is a growing trend towards the adoption of Russian children by foreigners, which also leads to the need to determine the citizenship of the child.

Citizenship, which at first glance seems to be a simple phenomenon, actually has a complex and multifaceted nature.

person and state

All relations related to citizenship are regulated by the Constitution of the Russian Federation and the Law "On Citizenship of the Russian Federation" of November 28, 1991, as amended by the Law of June 17, 1993.

In accordance with the General Declaration of Civil Law of 1948, the international covenants on the rights of a resident of our country, no one has the opportunity to be deprived of citizenship or the right to change it. The government provides legal protection to any master, wherever he is. These provisions are in the Declaration of the Rights and Freedoms of a Resident of our Country - Russia 1991.

On the issue of the collapse of the USSR, on November 28, 1991, the Supreme Council of the Russian Federation adopted the Law of the RSFSR "On Citizenship of the RSFSR", which entered into force from the stage of publication, namely from February 6, 1992. Related to the change in the name of the country in the title and text of the Law, the words "Russian Federative Socialist Republic" and "RSFSR" on July 14, 1993 were changed to the words "RF".

In 1997, the Commission related to citizenship under the President of Russia decided to study the latest version of the Law “On Citizenship of the Russian Federation”, because the Law of the Russian Federation of 1991 was developed during the transitional period of development of the newest Russian statehood, and it did not provide for the specifics of the further formation of the Russian Federation, relations with the new free countries, it did not fully fit the 1993 Constitution of the Russian Federation. In addition, the Russian Federation in 1997 took steps to sign the European Convention on Citizenship.

On July 1, 2002, the Federal Law "On Citizenship of Russia", adopted on May 31, 2002 by the State Duma of the Russian Federation, came into force.

The main universally recognized measure of citizenship is found in the Constitution of the Russian Federation. Law 15 of the General Declaration of Civil Law states: "Every person is entitled to citizenship."

Consequently, the difficulties of citizenship of the Russian Federation, which were of a formal nature in the Soviet period of acquiring citizenship, for the current episode have become an obligatory share of Russian statehood, evidence of the acquisition of real sovereignty by the Russian Federation.

The purpose of this work is: the study of the concept and principles of citizenship.

To achieve this goal, it was necessary to solve a number of tasks:

Analyze and study the theoretical, regulatory and legal historical literature on the topic;

To study the concept of "citizenship";

Learn the basics of Russian citizenship;

Acquisition of citizenship

Cessation of citizenship.

It is also necessary to pay attention to the citizenship of children.

Subject of research the study of the constitutional and legal regulation of citizenship in Russia.

Object normative acts and laws of the Russian Federation on citizenship of the Russian Federation.

Course work consists of introduction, three chapters, conclusion, list of references.

Main part

1 head of main body

Citizenship is a stable political and legal relationship person and state expressed in their mutual rights and obligations.

Citizenship as a concept in legal science does not have a specific definition. V. Baglai gave a definition of citizenship - a stable legal relationship of a person with this state, expressed in the totality of their mutual rights and direct duties.

To reveal the concept of "citizenship", you can highlight its main features:

Legal universities for establishing and changing the relationship of domestic citizenship, the legislation in force in the Russian Federation has a grandiose array of legal norms designed to regulate the affairs of citizenship.

Citizenship is one of the institutionsconstitutional lawand usually finds its anchorage in constitution (basic law) or the constitutional act of the state and other regulatory legal acts.

Citizenship or nationality is certified in the manner established in the state. However, among different states, practice varies greatly: from the right to not have any documents at all to Great Britain to mandatory ID-cards in countriesEuropean Unionor even an internal multi-page passport in USA and some countries included in Soviet Union

While fundamental human rights and freedoms are inviolable in relation to all people, a country usually grants only its citizens such additional rights as: to elect and be elected (active and passivesuffrage), participate in a referendum , hold public office, serve in the armed forces.

In addition to these rights, granted only to citizens, citizens also bear a certain, inherent only to them, range of duties. Usually, the duties of citizens include the passage of military service.

The rights of persons having the citizenship of more than one state are usually somewhat different from the rights of other citizens. This issue is regulated by international treaties and agreements.

In monarchical states, the relationship of a person with the state was expressed by repeating the type of citizenship, in other words, personally associated with the monarch, but not with the state in general. Exactly at this moment in many monarchical states, a similar concept was categorically abandoned, and the university of citizenship was replaced by the university of citizenship, wishing that the concept of citizenship is often used to make speech more pompous and artistic, wishing that this is practically erroneous.

Public feature of the Federal Law "On Citizenship of Russia":

Art. 3 of the Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of Russia”, it is said: citizenship of the Russian Federation is a stable legal relationship of a person with Russia, expressed in the totality of their mutual rights and direct duties.

There are three main concepts of "citizenship": one of the sovereign rights of the country; public-legal status of individuals; constitutional and legal university.

The citizenship of each person is legally formalized by documents confirming this citizenship. Documents confirming citizenship are a passport and a certificate of naturalization. In accordance with the Regulations on the passport of a citizen of the Russian Federation, approved by the Government Decree dated July 8, 1997 a passport is the main document proving the identity of a citizen of the Russian Federation on its territory. 1

All citizens of Russia who have reached the age of 14 and live on its territory are required to have a passport. Passports are produced and issued according to a single model for the entire Russian Federation in Russian (the republics that are part of the Russian Federation can make inserts for the passport with the text in the state languages ​​of these republics.)

The following information about the identity of a citizen is entered in the passport: last name, first name, patronymic, gender, date and place of birth. Notes are also made: on the registration of a citizen at the place of residence and his deregistration; on the attitude to military duty of citizens who have reached the age of 18; on registration and dissolution of marriage; about children under the age of 14; on the issuance of basic documents proving the identity of a citizen of the Russian Federation abroad. Validity period of a citizen's passport: from 14 years old until age 20 summer age; from 20 years before reaching the age of 45; from 45 years indefinitely. 2

The state registers such acts of civil status as the birth and death of a citizen.

The stability of citizenship relations lies in their permanent nature: they usually last from birth to death of a citizen, a special termination procedure has been established for them, which does not allow them to be terminated unilaterally by a citizen.

Termination of citizenship relations at the request of a citizen requires a decision of the state, drawn up in the relevant individual act of the authorized body. At the initiative of the state, at present they cannot be terminated at all.

The President of the Russian Federation and the Federal Migration Service of the Russian Federation, the federal executive body, are considered to be the competent authorities to resolve citizenship cases. Residents of Russia are:

Persons who have citizenship of the Russian Federation on the day of the preface due to the real Federal Law "On Citizenship of the Russian Federation".

A person who received Russian citizenship in accordance with the real Federal Law "On Citizenship of the Russian Federation"

Citizenship relations do not depend directly on the fact of residence of a person in the country. Many citizens of Russia permanently reside abroad, and the population of Russia includes not only citizens, but also foreign citizens and stateless persons permanently residing on its territory. All these categories of persons make up the population of the country, the concept of which is characterized not as a legal, but as a demographic one.

A person is a citizen of the state not by virtue of residence in its territory, but due to the special ties existing between the person and the state that constitute the content of citizenship. They are based on the legal registration of citizenship relations.

For the vast majority of people in every country, the establishment of citizenship is not something difficult, since they are citizens of this state from birth and retain this legal status throughout their lives. And yet, for a number of reasons, and above all as a result of interethnic conflicts and the growing internationalization of the economy, various migration flows arise, i.e. movement of large groups of people from one country to another. Such movements, which are both individual and group, are common in the Russian Federation, as well as marriages between citizens of different states, constantly give rise to problems of acquiring and changing citizenship.

Along with the usual state of citizenship in Russia, honorary citizenship is possible. It can only be granted to a person who is not a citizen of the Russian Federation for outstanding services to Russia and the world community. A Russian citizen can acquire citizenship of another state and simultaneously have two or more citizenships dual and multiple citizenship. Such a situation can arise both automatically (when entering into marriage with a foreigner), and at the request of a citizen. However, this does not mean that in Russia such a citizen will be recognized as a person with dual or multiple citizenship.

The significance and value of citizenship is emphasized in a number of articles of the Constitution of the Russian Federation. First of all, these are articles: 6, 61, 62, 63.

The state establishes in law the grounds on which a particular person is recognized as its citizen, the grounds for acquiring and terminating citizenship, and the procedure for resolving these issues.

2 head of main body

In the Law on Citizenship in Art. 4 "Principles of citizenship of the Russian Federation and the rules governing citizenship in the Russian Federation" states that the principles and rules governing issues of citizenship of the Russian Federation cannot contain provisions restricting the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation.

International legal principles of citizenship (see Appendix A)

General principles citizenshipRussian Federation is shown in Appendices B and C

Citizenship principles:

1. Unity and equality of citizenship of the Russian Federation.

The federal structure of Russia, the presence of republics in its composition that have their own citizenship, attach special importance to this principle. In the Constitution of the Russian Federation in Part 1 of Art. 6 stipulates that the citizenship of the Russian Federation is single and equal, regardless of the grounds for acquisition. The Law on Citizenship of the Russian Federation of 2002 overcame the uncertainty in the issue of the unity of Russian citizenship, since the very possibility of the existence of citizenship of the republics is not recognized in it.

2. The principle of equal citizenship.

The principle of equal citizenship is expressed in two aspects: substantive and formal. In the first, it means the equality of the legal statuses of citizens, in the second, equality in terms of rights in matters of citizenship. Domestic legislation does not establish any differences in the legal status of persons who have become Russian citizens by birth, adoption, in connection with the adoption of citizenship by birth and various other grounds. In the Russian Federation, there is no division of citizens into “natural” and “naturalized”, i.e. admitted to citizenship. A single status of a Russian citizen has been established for all citizens. The principle of equal citizenship also implies the inadmissibility of restrictions on the rights of citizens regarding issues of citizenship on the grounds of social, racial, national, linguistic or religious affiliation (Part 1, Article 4 of the Law on Citizenship).

3. The principle of reducing statelessness.

Statelessness is a legal condition characterized by the absence of a person's citizenship of any state. In Art. 3 of the Law on Citizenship of the Russian Federation contains the following concept of a stateless person this is a person who is not a citizen of the Russian Federation and does not have evidence of citizenship of a foreign state. Statelessness, as well as multi-citizenship, as a rule, is generated due to the discrepancy between the principles of acquiring and ending citizenship in different countries.

Statelessness can be absolute and relative: absolute arises from the moment of birth; relative from the moment of loss of citizenship.

Russia does not take part in any international treaty relating to stateless persons, limiting itself to internal measures. So, in part 6 of Art. 4 of the Law on Citizenship of Russia stipulates that the Russian Federation encourages the acquisition of its citizenship by stateless persons residing on the territory of the Russian Federation.

Stateless persons (stateless persons) should not be deprived of rights. Their legal status is determined by the internal legislation of the State in which they reside. States have an obligation to ensure that stateless persons enjoy fundamental human rights and provide them with appropriate treatment. In Russia, the status of stateless persons is essentially equivalent to the status of foreign citizens, except that a foreign diplomatic mission is not entitled to protect them. Stateless persons do not have military obligations and do not have the rights of citizens, they are subject to the same restrictions as foreigners.

4. The principle of inadmissibility of deprivation of citizenship.

Grounds for termination of citizenship of the Russian Federation, with the exception of the cancellation of the decision on admission to citizenship (Chapter IV Law "On Citizenship of the Russian Federation"), provide for the voluntary expression of the will of a citizen. The norms regarding the termination of citizenship are fully consistent with the Constitution of the Russian Federation, the Declaration of the Rights and Freedoms of Man and Citizen of November 22, 1991, Art. 15 of the Universal Declaration of Human Rights and Freedoms and other international agreements. The Law “On Citizenship of the Russian Federation” of April 19, 2002, like the previous one, excludes the possibility of arbitrary deprivation of citizenship. According to part 4 of Art. 4 of the Law "On Citizenship of the Russian Federation", in the Russian Federation no one can be deprived of citizenship of the Russian Federation.

5. The principle of inadmissibility of extradition of a citizen of the Russian Federation to another state.

The development of international relations gives rise to the problem of international, transnational crime, which poses a serious threat both to individual states and to all mankind. Persons who have committed crimes in one country hide in the territory of another, often changing their place of residence. In need of unification different countries in the fight against crime, the problem of extradition of criminals (extradition) becomes very relevant. The Constitution of the Russian Federation in the second chapter on the rights and freedoms of man and citizen (Articles 62, 63), which serves as the most important guarantee of their observance. In addition, extradition must also comply with other norms of the Constitution of the Russian Federation devoted to procedural guarantees: no one can be repeatedly convicted for the same crime (part 1 of article 54); no one can be held responsible for an act that at the time of its commission was not recognized as an offense (part 2 of article 54).

In international law, the latter exists in the form of the principle of double criminality, which means that the act committed must be considered a crime both in the state requesting extradition and in the requested state. In the Constitution of the Russian Federation, it is fixed in Part 2 of Art. 63 along with the provision on non-extradition of persons persecuted for political opinions, which is also in line with international standards.

6. The principle of freedom and voluntary choice of citizenship.

It is based on the subjective right of a person to citizenship, which acts as a prerequisite for the free realization by each person of his natural desire to have citizenship and, therefore, enjoy the protection of the state, as well as constitutional rights and freedoms. In part 3 of Art. 6 of the Constitution of the Russian Federation states: "A citizen of the Russian Federation cannot be deprived of his citizenship or the right to change it." A similar wording is contained in Part 4 of Art. 4 of the Law "On Citizenship of the Russian Federation".

7. The principle of the admissibility of dual citizenship.

In part 1 of Art. 62 of the Constitution of the Russian Federation stipulates that a citizen of the Russian Federation may have the citizenship of a foreign state (dual citizenship) in accordance with federal law or an international treaty of the Russian Federation. The recognition of dual citizenship as a constitutional norm is entirely due to the collapse Soviet Union and a large number of Russian ethnic compatriots who remained to live in his former republics.

According to Art. 6 “Dual Citizenship” of the Law “On Citizenship of the Russian Federation”, a citizen of the Russian Federation who also has another citizenship is considered by the Russian Federation only as a citizen of the Russian Federation, with the exception of cases provided for by an international treaty of the Russian Federation or federal law. The acquisition by a citizen of the Russian Federation of another citizenship does not entail the termination of citizenship of the Russian Federation.

8. The principle of protection and patronage of citizens of the Russian Federation who are outside its borders.

The essence of this principle is to establish the obligation of the state to provide all possible protection to its citizens outside its territory, to patronize them. In its essence, this principle is associated with the sovereignty of the state and the existence of mutual obligations between the latter and the citizen, which reflects the nature of citizenship.

As follows from Art. 7 of the Law "On Citizenship of the Russian Federation" of 2002, citizens of the Russian Federation who are outside the Russian Federation are provided with the protection and patronage of the Russian Federation. State authorities of the Russian Federation, diplomatic missions and consular offices of the Russian Federation located outside the Russian Federation, officials of these missions and institutions are obliged to ensure that citizens of the Russian Federation are provided with the opportunity to fully enjoy all the rights established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally recognized principles and norms of international law, international treaties of the Russian Federation, laws and regulations of the states of residence or residence of citizens of the Russian Federation, as well as the ability to protect their rights and legally protected interests.

9. The principle of granting honorary citizenship.

When analyzing the institution of honorary citizenship, a number of questions arise that do not have unambiguous answers: since the legal status of honorary citizens is not defined, in particular, it is not clear whether it will completely coincide with the legal status of Russian citizens or differ from them; whether the consent of the state whose citizen is granted honorary citizenship is necessary; whether Russia should protect the rights of an honorary citizen. Due to the unresolved nature of these issues, the institution of honorary citizenship has not found application in the Russian Federation. The expediency of excluding honorary citizenship from the law on citizenship of the Russian Federation was expressed, with a proposal to leave it as a title at the municipal level. The authors of the new Law on Citizenship of the Russian Federation share the latter opinion, since it does not provide for the institution of honorary citizenship.

10. The principle of retaining citizenship upon entering into or dissolving a marriage.

This principle emphasizes the essence of citizenship as an individual connection of a person with the state, the inadmissibility of termination of citizenship relations without the will of the person and compliance with the procedure established by law. In itself, the conclusion or dissolution of marriage between citizens of different states, as well as the birth of children in such a marriage or their adoption, leads to the emergence of rather complex legal situations related to the determination of the citizenship of spouses (or former spouses) and their children.

For the Russian Federation, this principle is very relevant due to the high prevalence of international marriages. In this regard, Art. 8 of the Law on Citizenship of the Russian Federation stipulates that 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 change of citizenship by one of the spouses does not entail a change in the citizenship of the other spouse. The dissolution of a marriage does not entail a change in the citizenship of children born in this marriage or adopted (adopted) by spouses.

11. The principle of priority of international law and international treaties on issues of citizenship over national legislation.

Unlike the previous law on citizenship, the Law on Citizenship of the Russian Federation of 2002 does not contain a separate norm fixing the priority of international treaties in relation to domestic legislation. At the same time, Art. 2 of the new Law, which defines the legislation on citizenship of the Russian Federation, establishes that issues of citizenship are regulated in addition to the Constitution of the Russian Federation, this Federal Law, and other regulatory legal acts of the Russian Federation adopted in accordance with them, as well as international treaties of the Russian Federation. In addition, an indication of the generally recognized principles and norms of international law, international treaties of the Russian Federation is also contained in a number of other articles (6, 7). This principle is not a special principle of citizenship, but a general legal one, so there is no need to disclose its content in detail. In the Constitution of the Russian Federation, it is fixed in Part 4 of Art. 4, which states that if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty shall apply.

3 head of main body

There are several ways to acquire citizenship:

Filiation (by birth) acquisition of citizenship by birth. There are three forms of filiation:

By right of blood (lat. jus sanguinis ) or obtaining citizenship through the marriage of parents the child acquires citizenship if his parents (or one parent) has the citizenship of this state.

By the law of the soil (land) ( lat. jus soli ) the child acquires the citizenship of the state in whose territory he was born. A birth certificate practically guarantees a certificate of citizenship. Renunciation of citizenship and deprivation of citizenship is impossible or difficult, and vice versa, citizenship can be easily restored (USA, Spain, Lithuania, Finland, etc.)

- by inheritance a rare form available in the legislation of several European countries. Thus, persons who were citizens of the Republic of Latvia before June 17, 1940 transfer their citizenship rights to their descendants. The difference from the “right of blood” can be traced in a situation where the parents of the child, citizens of the Republic of Latvia, legally died before his birth. The civil status of the newborn in this case depends on the status of his ancestors on the day of June 17, 1940. This practice is also observed in Romania.

Naturalization (rooting) entry into the citizenship of a person at will. The procedure for admission to citizenship is regulated by the legislation of the state. Usually, in order to acquire citizenship, a number of conditions must be met (knowledge of the language, housing, etc.). The term "naturalization" (naturalization) historically means the acquisition of the rights of natural (natural) citizens (or subjects). As part of naturalization, sometimes allocate:

Registration acquisition of citizenship at the request of a person without any additional conditions(usually the categories of persons entitled to use this method are specified by law).

Grant of citizenship usually an honorary bestowal of citizenship to a person by the head of state for any merit (if such is provided for by law).

Option a person's choice of citizenship when changing the state borders of states. The option procedure is regulated by international treaties of such states.

Transfer the transfer of the population of any territory from one citizenship to another in connection with the transfer of the territory in which it lives, one state to another.

Restoration of citizenship.

Reintegration restoration of the citizenship of any state of persons who previously had it and then lost it. The meaning of reintegration most often lies in the procedure that is applied in these cases. May be provided for in special laws and in ordinary nationality legislation. In the latter case, it can be considered as a kind of naturalization

Repatriation (lat. repatriate ) return home. The term is usually used in relation to prisoners of war, displaced persons, refugees, emigrants with restoration of citizenship rights or return to the country of residence of the insured in the event of an insured event.

Cessation of citizenship.

The legislation of most countries provides for the possibility of termination (withdrawal from) citizenship:

renunciation of citizenshiptermination of citizenship at the initiative of a citizen. (IN Russia , with the enactment of the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation" short story , according to which the output of a citizenRussian Federationfrom citizenship is prohibited unless the applicant for renunciation of citizenship provides evidence confirming the acquisition of another citizenship by him.)

deprivation of citizenshiptermination of citizenship at the initiative of the state. (IN Russia , in accordance with the new Constitution of the Russian Federation dated December 12, 1993 citizen Russian Federationcannot be arbitrarily deprived of their citizenship.)

change of citizenshiptransition from one citizenship to another citizenship. (According to modern Russian legislation, only bipatrides , as well as persons who may be on the territory transferred to another state in connection with a change state border)

Expatriation (from Latin ex from and patria homeland, fatherland) temporary or permanent expulsion of a person from the country (his geographical or cultural homeland), usually associated with deprivation of citizenship.

Stateless and bipatride.

Constitutional law knows situations when a person can have citizenship of several states or not have citizenship at all:

Stateless ( a stateless person) a person who is not considered as a citizen by any state by virtue of its law.

bipatride a person who has proof of his citizenship of two states. Bipatrides are also commonly referred to as persons with more than one citizenship.

More compactly set out the grounds that make it possible to obtain citizenship of the Russian Federation in a simplified manner are given in Appendix D

Chapter 4 of the main part

In the Law on Citizenship of the Russian Federation, a special chapter is devoted to the regulation of the citizenship of children and drivers, guardians and trustees; nationality of incapacitated persons. Changing the citizenship of children when changing the citizenship of parents, during adoption, guardianship, guardianship takes into account the interests of the child as fully as possible. Consideration should be given to the desire of children, who can make a conscious choice at an appropriate age, to exclude the state of statelessness in children, and in possible cases to preserve the Russian citizenship of children in their interests.

If one of the parents at the time of the birth of the child was a citizen of the Russian Federation, and the other is a stateless person, the child is a citizen of the Russian Federation, regardless of the place of birth.

With different citizenship of the parents, one of which at the time of birth is a citizen of the Russian Federation, and the other has another citizenship, regardless of the place of birth, the citizenship of the child is determined by a written agreement of the parents. In the absence of such an agreement, the child acquires the citizenship of the Russian Federation if he was born on the territory of Russia, or if otherwise he would become a stateless person.

If both parents of a child in the territory of the Russian Federation are unknown, the child is a citizen of the Russian Federation. If a parent, guardian or custodian is found, the child's citizenship may be changed.

If both parents or a single parent acquire the citizenship of the Russian Federation or their citizenship of the Russian Federation is terminated, then the citizenship of the children changes accordingly. If one of the parents who does not have Russian citizenship acquires it, then the child is granted citizenship of the Russian Federation at the request of the parent acquiring Russian citizenship, with the written consent of the other parent.

Implementing the principle of reducing statelessness, Art. 17 of the Law stipulates that a child born on the territory of the Russian Federation from a stateless person is a citizen of Russia.

And also, a child born on the territory of the Russian Federation to parents who are citizens of other states is a citizen of the Russian Federation if these states do not grant him their citizenship

In case of different citizenship of the parents, one of which at the time of the birth of the child is a citizen of the Russian Federation, and the other has a different citizenship, the issue of the citizenship of the child, regardless of the place of birth, is determined by a written agreement of the parents.

Citizenship of children in the event of a change in the citizenship of both parents or a single parent is carried out in accordance with Art. 26., if both parents or a single parent acquire the citizenship of the Russian Federation or their citizenship of the Russian Federation is terminated, then the citizenship of the children changes accordingly.

If both parents or the only parent of a child residing in the territory of the Russian Federation, over whom guardianship or guardianship of citizens of the Russian Federation has been established, renounce the citizenship of the Russian Federation and do not participate in the upbringing of this child, then the child, at the request of the parents, guardian or custodian, retains the citizenship of the Russian Federation. Federation.

If one of the parents who does not have citizenship of the Russian Federation acquires it, then the child is granted citizenship of the Russian Federation at the request of the parent acquiring the citizenship of the Russian Federation and with the written consent of the other parent.

If the citizenship of the Russian Federation is terminated for one of the parents, and the other remains a citizen of the Russian Federation, then the child retains the citizenship of the Russian Federation. At the request of the parent whose citizenship is terminated, and with the written consent of the parent who remains a citizen of the Russian Federation, the citizenship of the Russian Federation of the child is terminated, provided that he is granted another citizenship.

A child who is a citizen of the Russian Federation, upon adoption (adoption) by foreign citizens or a foreign citizen, retains the citizenship of the Russian Federation. Citizenship of the Russian Federation of a child adopted (adopted) by foreign citizens or a foreign citizen may be terminated in a general manner at the request of both adoptive parents or a single adoptive parent, provided that the child does not become stateless.

A child adopted (adopted) by a citizen of the Russian Federation, or spouses who are citizens of the Russian Federation, or spouses, one of whom is a citizen of the Russian Federation, and the other is a stateless person, acquires the citizenship of the Russian Federation from the date of his adoption (adoption), regardless of place residence of the child at the request of the adoptive parent, who is a citizen of the Russian Federation.

A child adopted (adopted) by spouses, one of whom is a citizen of the Russian Federation, and the other has a different citizenship, may acquire citizenship of the Russian Federation in a simplified manner at the request of both adoptive parents, regardless of the place of residence of the child.

Children and incapacitated persons who are under the guardianship or guardianship of a citizen of the Russian Federation acquire the citizenship of the Russian Federation in a simplified manner at the request of the guardian or trustee

A child or an incompetent person who is in full state care in an educational or medical institution, institution social protection of the population or other similar institution of the Russian Federation, acquires the citizenship of the Russian Federation in a simplified manner at the request of the head of the institution in which the child or incapacitated person is kept.

A child or an incompetent person who is under the guardianship or guardianship of a foreign citizen acquiring citizenship of the Russian Federation may acquire citizenship of the Russian Federation at the same time as the said citizen upon his application.

A child or an incapacitated person who is a citizen of the Russian Federation and over whom guardianship or guardianship of a foreign citizen has been established shall retain the citizenship of the Russian Federation.

Disputes between parents, guardian or guardian about the citizenship of children and incapacitated persons are considered in court based on the interests of the child or incapacitated person 3

As a general provision, it is established that the nationality of children under 14 years of age follows the nationality of their parents. The citizenship of children from 14 to 18 years of age changes with their consent. The citizenship of children does not change when the citizenship of parents deprived of parental rights changes. For these children, parental consent is not required to change citizenship.

Conclusion

Having considered the above principles of citizenship of the Russian Federation, the grounds for acquiring, changing or terminating citizenship, the bodies regulating the solution of issues related to citizenship, we can conclude that the most important component of the institution that forms the basis of the legal status of an individual, which are approved in the current Constitution of the Russian Federation , is a set of norms governing citizenship.

At the end of the work, the following conclusions can be drawn:

1. Citizenship is understood as a stable legal relationship of a person with the state, expressed in the totality of their mutual rights, duties and responsibilities, based on the recognition and respect for the dignity, fundamental rights and freedoms of a person. Existence and realization of many constitutional political rights and freedoms are connected with the Russian citizenship.

2. Based on generally recognized norms of law, the Constitution of the Russian Federation establishes the basic principles of Russian citizenship. These include:

• single citizenship of the Russian Federation;
• equal citizenship of the Russian Federation, regardless of the grounds for acquisition;
• the possession by a citizen of the Russian Federation on its territory of all rights and freedoms and the fulfillment by him of equal duties provided for by the Constitution of the Russian Federation;
• the impossibility of depriving Russian citizenship or the right to change it;
• protection and patronage of citizens of the Russian Federation abroad;
• the impossibility of expulsion from the Russian Federation or extradition to another state of a citizen of the Russian Federation.

3. According to the Law "On Citizenship of the Russian Federation" dated May 31, 2002, issues of citizenship of the Russian Federation are regulated by the Constitution of the Russian Federation, international treaties of the Russian Federation, this Federal Law, as well as other regulatory and legal acts of the Russian Federation adopted in accordance with them.

4. Citizens of the Russian Federation are:

• persons having citizenship of the Russian Federation on the date of entry into force of this Federal Law;
• persons who have acquired the citizenship of the Russian Federation in accordance with this Federal Law.

5. The main document certifying the citizenship of the Russian Federation is the passport of a citizen of the Russian Federation or another main document containing an indication of the citizenship of the person.

The first chapter of the Law on Citizenship “General Provisions” formulates the principles of Russian citizenship:

Russian citizenship is uniform and equal regardless of the grounds for its acquisition. This means that citizens enjoy equal rights regardless of whether they have citizenship by birth or acquired it on other grounds, and that Russian citizens cannot be divided into any groups or categories that give rise to different rights and obligations.

The current Constitution of the Russian Federation and the Law on Citizenship of the Russian Federation are the main democratic sources that contain norms governing a stable legal relationship between a person and the state, expressed in the totality of their mutual rights, duties and responsibilities, based on recognition and respect for dignity, fundamental rights and human freedoms. In addition, the state also protects human civil rights: personal, economic, social and others. Such rights are enshrined in the Constitution of the Russian Federation as the fundamental principles of a democratic state governed by the rule of law.

The development of the institution of citizenship, the norms that regulate issues related to this, will entail many problems. This will be especially acute in Russia, in connection with its historical and political past and no less politically critical present.

Ties regulating issues of citizenship with the countries of the near and far abroad, which may entail a violation of Article 61 Part 2 of the Constitution of the Russian Federation, which guarantees its citizens protection and patronage outside its borders.

Thus, the state does not have the right to allow violations of the democratic principles enshrined in the Constitution of the Russian Federation, and in particular those related to citizenship, as they violate their democratic foundation. To avoid this, the state must pursue a policy aimed at maintaining not only general democratic principles, but also issues related to citizenship, through the creation of legal acts, federal laws and international treaties.

So, citizenship is one of the main indicators of the health of the entire state. It follows from this that the protection and development of this institution is the duty not only of the state, but also of the individual.

The difficulty of understanding such a phenomenon as citizenship lies in the fact that it is so simple at first glance, in fact, it is complex and multifaceted. Moreover, this is its nature. Citizenship can be national or dual, federal or republican, born or acquired. Citizenship may be honorary. It can be given, welcomed, deprived, lost. Citizenship of some countries can be bought. As a rule, citizenship is defined as the connection of an individual with the state, but it is obvious that at the same time it represents a certain state of society. Therefore, citizenship should be considered not only as a state and legal institution, but also as a socio-cultural, moral and psychological institution. The legal nature of citizenship includes both the institution of law, and the legal relationship, and the legal state, and subjective right. In order for a person to be considered a citizen of any state, documentary evidence of citizenship is required.

Thus, the principles of the institution of citizenship can be seen as part of a more general problem of the principles of law as a whole. Principles are fundamental ideas, guiding principles that characterize the unity and main trends in the development of legal norms that regulate this area of ​​social relations. They reflect the objectively established patterns of development of society, follow from the content of state policy and contain a generalized description of the branch of law.

The principles of the institution of citizenship are the starting points, leading ideas and attitudes, based on the interrelationships of the elements of the content of citizenship, which determine its stability.

Glossary

List of sources used

Applications

1 Kikot, V. Ya. Russian citizenship. M., 2010. P.310.

2 Zinoviev, A.V. Constitutional law of Russia. SPb., 2010. P.602.