At the end of November 1991, in connection with the termination of the existence of the USSR, the Supreme Council adopted the Law on Citizenship. This normative act came into force in early February 1992.
In 1997, the Commission on Citizenship Issues, operating under the President of the Russian Federation, decided to develop a new version of the Law "On Citizenship". This was due to the fact that the original edition was created during the transition period, and it did not take into account the features of further development of the country, the specifics of relations with independent states. In addition, some contradictions to the 1993 Constitution were identified. The new Federal Law "On Citizenship" entered into force in July 2002. Let us further consider what it means to be a citizen of the Russian Federation .
Citizenship
This concept is interpreted in three main meanings. Citizenship is:
- Sovereign law of the state.
- Public law status of a person.
- Constitutional Law Institute.
Sovereign right
Citizenship presupposes the possibility of a state to regulate public law relations unilaterally.
The state is a combination of territory, material and natural resources, administrative apparatus, population. The latter, in turn, consists of individuals permanently living or temporarily located in the country.
The population of Russia is heterogeneous in composition and by no means all individuals and their groups consider the state to be their own and, accordingly, not all recognize the duty of protecting state security in the event of armed conflict. Taking this into account, the government takes care of the stability of the state. To this end, she seeks to spiritual, ideological and formal legal allocation of part of the population, on which she can rely on in solving certain problems, and which she trusts to participate in the affairs of the country.
Representatives of the authorities strive to ensure that citizens of the Russian Federation comprise the majority of the population, which determines the general direction of behavior of people who are in the country as a whole. Other groups - foreigners and stateless entities - are also useful to the authorities, but they do not belong to the state.
The formal legal separation of citizens of the Russian Federation is carried out through:
- Unilateral determination by the authorities of the procedure and conditions for the acquisition, recognition, and termination of citizenship.
- State authorities conclude international treaties.
Citizen of the Russian Federation: definition
If we consider citizenship as a public law state of a person, then it represents a specific stable relationship of the individual with the state. She has a primary character in relation to other legal ties of man and power.
A citizen of the Russian Federation is an entity that has received citizenship in accordance with the law. It may be terminated exclusively in the manner prescribed by regulatory enactments.
Citizenship is a stable category, as evidenced by its indefiniteness and immutability. The primary principle is that it is the state of belonging to the Russian Federation that determines the content of the legal status of a citizen of the Russian Federation , the complex of his duties, rights and freedoms. By virtue of this, the sovereign will of power extends to the individual. At the same time, citizens of the Russian Federation are under the auspices and protection of the state, regardless of the host country.
Nationality
It also assumes that a person belongs to a particular state. However, citizenship and citizenship are different categories. The difference lies in the nature and degree of belonging.
The institution of citizenship is peculiar, as a rule, to monarchies. It is regarded as an extreme degree of belonging. A citizen has a certain complex of freedoms, duties and rights, however, he does not act as a subject of power in his country.
Citizenship implies mutual affiliation. By law, citizens of the Russian Federation belong to the state, and the state to citizens. Simply put, the latter are the owners of their country. A group of citizens is the primary subject of power. Citizenship determines the circle of people who make up this team.
Unity principle
Previous law provided for, along with national citizenship and republican. This provision stems from the qualifications of the republics as states. At that time, the principle of unity is that republican and all-Russian citizenship are not separate categories. Accordingly, the effect of dual ownership does not occur.
Republican citizenship could be obtained only with the presence of all-Russian. For the acquisition, it was necessary to live in the territory of the republic for a certain time. At the same time, the republics were not vested with the right to terminate their citizenship.
The legislation in force today enshrines only Russian citizenship. Affiliation to a specific republic is not provided, but, however, is not denied.
Double citizenship
In the legislation in force in the USSR, it was categorically rejected. The law of December 1, 1978 indicated that a Soviet citizen does not recognize belonging to another country.
Dual citizenship is permitted today. In this case, attention should be paid to the official wording. The law states that a citizen of the Russian Federation having another citizenship is considered exclusively as a citizen of the Russian Federation. Exceptions may be provided for in federal law or international agreements.
The essence of dual citizenship is not that in certain situations the state allows it to become a citizen of another country and does not allow this if the corresponding right of a citizen of the Russian Federation is not enshrined in the normative. The point is that the authorities recognize some legal facts. Obtaining the citizenship of another state in itself does not entail the termination of citizenship of the Russian Federation.
Legal status of foreigners
It is enshrined in Federal Law No. 115.
According to the normative act, temporary residence of foreign citizens in the Russian Federation is carried out on the basis of a permit (PBC), issued by the authorized bodies, within the limits of the quota approved by the Government. The duration of the PBC is 3 years.
Without taking into account the quota, a permit may be issued to an alien if he:
- Born in the RSFSR and had USSR citizenship or born in the Russian Federation.
- He is disabled, but has a capable child, a citizen of Russia.
- Has a disabled parent citizen of the Russian Federation.
- Married to a citizen of the Russian Federation.
- He made investments in the Russian Federation in the amount approved by the Government.
Other cases may be established in the legislation.
Legal possibilities of Russian citizens
The key normative act defining them is the Constitution. The 32nd article of the Basic Law enshrines the civil and political (including electoral) rights of citizens of the Russian Federation . They are specified in federal and regional laws and other regulatory acts.
So, special legal documents enshrined the law, order and conditions of social services for citizens of the Russian Federation . These regulations establish a list of guarantees and benefits for certain categories of citizens (pensioners, large families, the poor, etc.).
Of particular importance are the provisions of Federal Law No. 59 “ On the Procedure for Considering Appeals of Citizens of the Russian Federation ”. This normative act regulates the interaction of the population and government representatives.
In the 2nd article of the Federal Law " On the Procedure for Considering Appeals of Citizens of the Russian Federation " it is established that entities can apply both personally and by sending collective and individual messages to municipal and state bodies, officials, municipal and state institutions performing publicly significant functions . The exercise of law is carried out by individuals voluntarily and freely. Moreover, it should not infringe on the interests of other entities.
All applications are reviewed free of charge.
Obligations of a citizen of the Russian Federation
They, like rights, are enshrined in the Constitution. Responsibilities are necessary to ensure the harmonious development of society and the state. Their ignoring and abuse of rights leads to the fact that a person transcends what is permitted in his desire to get what he wants at all costs. This, in turn, entails the infringement of the interests of other people.
It is necessary to clearly understand the difference between the duties of a person and a citizen. The presence of the former is directly determined by the fact of being of the individual. When recognized at the official level, they become civic obligations. They are:
- They are aimed at protecting and developing basic social values.
- Serve the implementation of both individual and public interests.
- They have the highest legal force.
Classification
The constitutional duties of citizens of the Russian Federation are divided into specific and general. The latter include:
- Compliance with the Constitution and federal legislation, respect for the interests and freedoms of others, compliance with the requirements established by regulatory enactments.
- Respect for the environment, natural resources.
- Concern for the preservation of cultural and historical heritage, natural monuments.
General obligations apply to all Russian citizens. Their implementation is ensured through the application of educational measures, and if these are insufficient, measures of criminal and administrative responsibility.
The special group includes duties:
- Parents in front of children and children in front of parents.
- Taxpayers (timely and fully deduct tax payments to the budget).
- Military personnel.
Personal documents
They are necessary for every citizen of the Russian Federation. Documents are required in a variety of situations: when applying for a job, applying to government agencies or banking organizations, entering an educational institution, etc. Most of the personal documents are drawn up by competent government agencies.
Documents can be divided into various categories. Personal passports of a citizen are considered to be a passport of the Russian Federation, a birth certificate and a passport, for foreigners - RVS, residence permit (residence permit). This category also includes:
- Certificate of the person to be drafted for service in the Armed Forces.
- Military ID.
- Driver's license.
- Medical insurance policy.
In addition, citizens use evidence of:
- About registration / divorce.
- Compulsory pension insurance.
- TIN (on registration with the tax service).
Additional documents are:
- Certificate of title to property.
- Title
- Certificate of state registration of the car.
- Inspection ticket.
Temporary securities are:
- Certificate of provisional registration.
- Identification. It is issued in case of loss of a passport at the time of its restoration.
For foreigners and stateless persons, the following documents are considered temporary:
- Migration card.
- Certificate of registration with the FMS.
- Work permit in Russia.
- Visa.
Proof of identity
They are often required in different organizations. Confirm your identity in the absence of a passport by the following documents:
- Birth certificate (for minors under 14 years old).
- Passport.
- Certificate of a military man, midshipman, etc.
- Military ticket.
- Certificate of release from prison.
The principle of preservation of citizenship
It is of particular importance to persons located abroad. The essence of the principle is that the presence of citizenship of the Russian Federation is not connected with compulsory residence in Russia. Many people have to travel abroad for one reason or another. Moreover, the period of stay outside the country can be quite long. If a citizen of the Russian Federation leaves the country and plans to permanently reside abroad, he will not automatically be deprived of Russian citizenship. At the same time, an entity residing in the Russian Federation may voluntarily renounce citizenship.
It is worth noting that in Soviet times, these issues were resolved somewhat differently. So, in the Decree of the Presidium of the USSR Armed Forces of 1967, it was said that persons who left for Israel for permanent residence were automatically recognized as having left Soviet citizenship.
Ensuring the patronage and protection of Russian citizens abroad
It is referred to in article 7 of the Citizenship Law. In Art. 4 of the same regulatory act prohibits the extradition of a Russian citizen to a foreign state and his expulsion from Russia.
Today, there are quite a few Russians abroad. Some live abroad permanently, some stay temporarily. The mere presence of a person outside of Russia cannot be regarded as a restriction of his constitutional status. Despite the fact that he is not located in the Russian Federation, he remains her citizen.
As a formal basis for the protection and protection of such people acts a document confirming citizenship. This can be a civil, foreign, diplomatic, service passport, a sailor's certificate. Arriving in another country, the subject must register with a consular post or diplomatic mission. From the moment of its registration, employees of these organizations must protect its interests and, if necessary, provide assistance.