Citizenship is an inextricable link between a person and the state apparatus. This is a key political and legal institution of a democratic country, fixing the foundation of its constitutional system. The importance and value of citizenship is emphasized in many laws, including the Constitution of the Russian Federation. In our article, we will consider the Law "On Citizenship of the Russian Federation" - the most important normative act regulating the legal status of all Russians.
Russian citizenship: concept and principles
Federal Law No. 62 "On Citizenship of the Russian Federation" consists of nine parts. The first part gives a general description of the concept. Citizenship refers to the legal affiliation of a person to a particular state. In other words, a country recognizes a person as a full-fledged subject of constitutional legal relations. It is important to understand that a person remains a citizen of his state, even while abroad. The legal status imposed on a person from birth forms a certain share of responsibility. However, citizenship is not only a responsibility, but also a number of important rights. The interests, freedoms and rights of Russian citizens are protected by the state.
Citizenship is not a factual, but a legal state. A person who has certain legal ties with his state, retains them even when leaving the country. Interrupting existing connections is possible only through a special procedure - the termination of citizenship.
The Constitution and the Federal Law "On Citizenship of the Russian Federation" enshrine a number of principles that determine the essence of legal relations between a person and the state. The following should be highlighted:
- Unity of citizenship. The federal structure of the country implies the residence in Russia of many different peoples, ethnic groups and national groups. However, citizenship of all residents of Russia is the same, that is, a single one.
- Equality of citizenship. Regardless of the reasons for its acquisition, each person living in Russia has equal rights, duties and freedoms.
- The free nature of citizenship. A Russian citizen has the right to abandon existing legal ties with his state. The right to exit involves the termination of citizenship by mutual agreement.
- Extraterritoriality of citizenship. Living a person outside of Russia does not stop and does not cancel legal ties with the state.
- Inalienability of citizenship. No one can deprive a person of legal ties with the state.
Thus, Russian citizenship is a complex legal relationship between a person and the state.
Legal status of a citizen of the Russian Federation
A citizen of the Russian Federation has a number of rights and obligations that are combined into legal status. All privileges of Russians are enshrined in chapter 2 of the Constitution of the Russian Federation. The basic law of the country proclaims that every citizen has an equal set of rights and freedoms that can be exercised on Russian territory. Jurisprudence divides human rights into five groups:
- personal
- political;
- economic;
- social;
- cultural.
In the comments to the Federal Law "On Citizenship of the Russian Federation" you can see the characteristics of each group. It is believed that the totality of personal freedoms includes the right to life, health, family, free labor and other basic things. Political rights give a person active and passive suffrage. So, a Russian is able to elect or be elected. However, persons with two or more citizenships are significantly disadvantaged in passive suffrage. They cannot work in some state and municipal institutions.
The group of economic rights includes the ability to trade and buy. The constitution establishes a market economy and freedom of economic space, and therefore a person in Russia is able to carry out entrepreneurial activity.
The social rights group includes various benefits and compensations. A person in Russia has the right to a pension, free education, medicine and much more. Finally, Russian citizens have extensive cultural rights. They are able to independently choose their ideology and religion, engage in creativity, receive education and enlighten in every way.
The articles of the Law "On Citizenship of the Russian Federation" say little about the significance of the legal status for a Russian. But, having understood its composition and analyzing each group of rights, we can understand how important the institution of citizenship plays.
How to get Russian citizenship?
There are two principles on which the procedure for acquiring Russian citizenship is based. These are the "right of the soil" and the "right of the blood." So, citizenship is acquired by a person born on Russian territory or a person whose parents are Russians. By law, you can obtain Russian citizenship in five ways.
The first option to acquire Russian legal status is called a branch. This is citizenship by birth. There are five types of filing:
- Both parents or one parent have Russian citizenship; the place of birth of the child is not important.
- One parent is Russian, nothing is known about the second.
- One parent is Russian, the second is a foreigner. The birthplace of the child should be Russia. However, if the state where the child was born does not want to grant him citizenship, then the child has the opportunity to become a Russian.
- Both parents are foreigners, but the state where the child was born does not want to grant him citizenship.
- About the parents of the child nothing is known for more than six months.
The second option for acquiring Russian citizenship is naturalization. In this case, an adult must continuously live in Russia for more than five years. Knowledge of the Russian language and the availability of a legitimate source of finance are basic conditions.
The Law "On Citizenship of the Russian Federation" enshrines the third option for obtaining Russian legal status - this is the so-called restoration. If a person already had citizenship of the Russian Federation, speaks Russian and legally earns money, then he will be able to obtain the coveted citizenship after three years.
Option is the most peculiar form of obtaining citizenship. This is the recognition of a person as a Russian as a result of changes in the state borders of the Russian Federation. An example of an option could be observed in 2014, when Russia recognized Crimea as part of its territory. The option is active - when citizens manually draw up new documents, and passive - when citizenship is generated automatically. In Crimea, citizenship was obtained through an active form of option.
The last option for acquiring the status of a Russian is the following procedure. The Law "On Citizenship of the Russian Federation" states that minor children "follow" the legal status of their parents, if the latter received Russian citizenship. Thus, the child becomes a Russian along with his parents.
According to Article 16 of the Law -62 "On Citizenship of the Russian Federation", the following persons cannot obtain or restore the Russian legal status:
- advocating forcible change of constitutional foundations in the country;
- previously participated in armed conflicts against the Russian Federation;
- those who are in the military service or in the security organs of a foreign state;
- having an unexpunged or outstanding conviction;
- prosecuted by law enforcement agencies for committing a crime;
- providing false documents for citizenship.
According to the law "On Citizenship of the Russian Federation", the Russian Federation is one of the few countries that allow dual citizenship. For example, in neighboring Ukraine a person cannot have more than one passport. To obtain foreign citizenship, it must terminate relations with the state Ukrainian government.
Simplified citizenship procedure
Article 14 of the Law "On Citizenship of the Russian Federation" describes a simplified procedure for acquiring Russian legal status. So, the procedure for obtaining citizenship by naturalization can be reduced to one year, if a person has special merits. For example, he can be a scientist, a good specialist, an outstanding cultural figure, etc. The state will independently evaluate the merits of a person, study his biography and portfolio. Only after that will it make an appropriate decision.
There are many examples of quick citizenship for special merits. In particular, this is the situation with Gerard Depardieu, who wanted to hide from high taxes, or getting Russian status by Stephen Seagal. A large number of athletes who were “bought” in the Russian team also received citizenship in a short time.
The second option for simplified acquisition of Russian citizenship under the law is birth on the territory of the RSFSR or the presence in the family of ancestors who had USSR citizenship. By collecting the necessary number of documents and proving your involvement in Soviet Russia, you can quickly get the desired legal status.
The following should list the persons who have the legal right to simplified acquisition of citizenship of the Russian Federation. These are the faces:
- married to a citizen of the Russian Federation for more than 3 years;
- having received a Russian education for more than three years;
- participants in the state program for the early resettlement of compatriots from other countries to the Russian Federation;
- having disabled children;
- Entrepreneurs who paid at least 1 million rubles in taxes to the Russian treasury. for 3 years;
- large investors.
Thus, getting a Russian legal status in a short time is quite realistic. The law simplifies obtaining Russian citizenship in clearly defined cases.
Citizenship Cases
Having dealt with the main options for obtaining citizenship, you need to pay attention to the appropriate legal procedure. An application for citizenship is made in writing and is submitted in person. According to the new law on obtaining citizenship of the Russian Federation, the document must be sent to the authority in charge of citizenship cases. This may be the Ministry of the Interior, the Presidential Administration or the Citizenship Commission. If the application is not compiled correctly or has other shortcomings, the document will be returned for revision.
An application for citizenship must be notarized. If the document is filed in Russia, then a state duty will be levied. An applicant from a foreign country will pay a consular fee.
Many bureaucratic problems can arise in people with children. Notarization of all submitted documents and their copies will be required. If only one parent receives Russian citizenship, then the consent of his spouse to change the legal status of the child will be required.
All decisions on citizenship are generally made by the head of state. Consideration of applications is implemented within one year. In this case, applications for citizenship in a simplified manner are considered by the federal bodies of internal and foreign affairs, as well as by the relevant regional authorities. The maximum period for consideration of such applications is six months.
According to Article 10 of the Law of the Russian Federation "On Citizenship of the Russian Federation", the main document certifying the Russian legal status is a passport. It directly indicates the citizenship of a person. Every Russian citizen who has reached the age of 14 years has a passport. The identity card contains the citizen’s name, surname and patronymic. Passport plays a formal role. This document is not necessary for a person to acquire civil duties and rights. However, the lack of a passport entails a considerable number of problems. It will not be easy for a citizen to identify; he will not be able to obtain a driver’s license, military ID or passport. For the loss of a passport under the Code of Administrative Offenses of the Russian Federation, a fine has been established.
Thus, the procedure for obtaining citizenship is of a long nature and ends with the issuance of a passport. This rule was applied earlier, at the time of the old Federal Law "On Citizenship of the Russian Federation" of 1991. The new Law, adopted in 2002, retained the procedure for obtaining citizenship, but supplemented the procedure with minor details.
Ways to terminate citizenship of the Russian Federation
There are three options for eliminating Russian legal status. According to the Law "On Citizenship of the Russian Federation" of 2002, this is a change, reverse option and voluntary withdrawal.
The first option is the inverse of the "follow". Russian citizens, renouncing their legal status, take this status away from their minor children. However, it is impossible to break off relations with Russia if there is no citizenship of a foreign state. Therefore, instead of "termination", the concept of "change" of status is appropriate.
Reverse option is a way out of Russia in case of border changes. For example, the Russian authorities will decide to transfer Siberia to China. All residents of Siberia, respectively, will acquire Chinese citizenship.
The last and most common option for the termination of Russian citizenship is called a voluntary exit. In this case, the citizen submits an application to the authorities. Citizenship can be withdrawn only in the absence of obligations to the Russian Federation. The citizen should not have debts or convictions. In this case, the applicant must prove that he has foreign citizenship.
Procedures for terminating citizenship of the Russian Federation in a simplified manner by law do not exist. A person is able to terminate legal relations with Russia in clearly defined terms.
Government bodies and Russian citizenship
What government agencies handle cases of Russian citizenship? According to article 89 of the Constitution, only the President is in charge of issues of legal status. He has the right:
- accept into Russian citizenship foreigners and stateless persons (stateless persons);
- give permission to exit Russian citizenship;
- cancel the decision on admission to the citizenship of the Russian Federation;
- grant honorary citizenship;
- allow a citizen to have two citizenships at once.
The President is obliged to issue decrees on all matters adopted. All other bodies involved in resolving bureaucratic issues carry out only preparatory work. The head of state can form a special commission on citizenship if the problem of obtaining legal status is particularly acute. According to the Law on Citizenship of the Russian Federation (as amended in 2017), such a commission makes proposals to the President on each application. Simply put, it helps decide who should be granted citizenship and who should not. When considering applications, the commission objectively and comprehensively considers each applicant. She evaluates his status, age, professional activities and other details.
The new law on citizenship of the Russian Federation states that the Ministry of the Interior and its regional authorities have only auxiliary powers. Executive bodies carry out the following functions:
- acceptance of applications and applications for citizenship;
- verification of all facts and documents submitted in support of statements;
- petitioning to the Presidential Administration or to the Citizenship Commission;
- determination of nationality of applicants.
Thus, obtaining citizenship is a complex and multifaceted procedure that is implemented by many government bodies.
Double citizenship
The RF Law "On Citizenship" recognizes the possibility of obtaining several passports from different countries. A Russian may have two or more citizenships, but only in cases established by federal law or an international treaty. It also follows that citizens of foreign states have the right to retain the citizenship of their native country upon receipt of the Russian legal status. Moreover, in Russia such a foreigner will be considered only as a Russian citizen, albeit with the status of a bipatrid.
Dual citizenship can only be recognized if Russia has entered into an international agreement with the relevant foreign state. For example, in 1995, such an agreement was concluded between Russia and the Republic of Tajikistan. It is important to realize that having two or more citizenships creates a considerable amount of difficulties. This is a military duty, paying taxes and other points. Moreover, Russian laws provide for certain restrictions for bipatrides. They concern mainly passive suffrage.
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Norms adopted in 2002 on the Russian legal status were based on a number of principles already outlined above. This is equality, legality, unity of rights and much more. Most of these principles can be applied to foreigners in Russia. The personal rights of all foreigners in the Russian state are equal. The sole duty of such persons is to comply with Russian laws.
Duration of stay in Russia depends on the visa issued. The duration of temporary stay in the country may not exceed 90 days. When concluding labor or civil agreements, foreigners may stay in Russia for no more than one year.
Temporary residence should not be confused with temporary residence. Foreigners can live in Russia up to 3 years if they do not have a criminal record in their homeland, do not carry out extremist or terrorist activities, and also have the ability to provide themselves with the proper amount of finance. Also, a foreigner is able to obtain a residence permit. It is issued for five years and can be continuously renewed.
A foreigner has the right to reside in the Russian Federation by invitation. Labor or training organizations often send statements to foreigners about the desire for cooperation. All applications are executed by the Russian Government, and then sent on his own behalf. Foreigners wishing to immigrate to Russia are required to obtain an immigration card. This is a special document notifying the employment of a foreign citizen in the territory of the Russian Federation.
Foreigners living in Russia have the right to rest, education, work and much more. They have the full spectrum of civil liberties. The only exceptions are political rights. Only Russian citizens can elect and be elected.
Foreigners, along with the Russians, have some responsibilities. They must comply with the laws, take care of nature, protect cultural monuments and pay taxes. The only duty they are exempt from is military service. If legal duties are not observed in relation to foreigners, the deportation procedure can be applied - administrative expulsion from Russia.