Here we look at the concept of citizenship. This definition will be studied in general. We will also dwell on historical issues and touch upon various terms related to the subject of this article. We will separately talk about general recommendations and the procedure for adopting citizenship.
Introduction
Citizenship is an institution owned by constitutional and administrative law. As a rule, it is enshrined in the constitution and / or acts related to it. This is a manifestation of the relationship between the state and a group of persons who are under the authority of a given country, which ensures rights and their protection. At the same time, a citizen is obliged to abide by the rules of the state prescribed in legislative acts, documents, the constitution, etc. The totality of rights and obligations form the legal basis for the status of a citizen, which distinguishes him from foreign tourists.
The personification of communication with the monarch
In a monarchical series of countries, citizenship is an expression of citizenship; personification of the relationship of the subject with the monarch, and not the whole state. However, such a device has long begun to change to an acceptable form. Today, most countries with a monarchy have abandoned this concept and adopted the institution of citizenship. Often the concept of citizenship is used to give speech a certain grandiloquence or elation, which from the point of view of legal practice is incorrect.
Citizenship is a status that can be certified by the methods established in the state. Much depends on the specific country and its management system. Analyzing the general structure of the world, we understand that there is a wide variation in the forms of such an identity card. For example, in the UK there may be no documents at all, and in some European countries they use ID cards. On the territory of countries that were formerly part of the USSR, multi-page passports are used.
The phenomenon of filiation
Citizenship is the right that every person has, and he can change it throughout his life. You can purchase it, for example, using milling.
Filialization is a way of obtaining citizenship in the presence of the fact of birth. There are 3 types of this process:
- Blood right - obtaining citizenship through marriage of parents. The child is assigned the status of a “part” of the state if both parents are part of it.
- Soil right - a child can be given citizenship for birth in the territory of a certain country. A birth certificate is a guarantee of obtaining a certificate intended for a citizen. Depending on the structure of the country's legal institutions, renunciation of citizenship can be either difficult or impossible, or an easily conducted process.
- Citizenship of children transferred as an inheritance - the form that occurs least often; it is present in the legislative framework of a small number of European countries. For example, citizens of the Republic of Latvia, who became such until 06/17/1940, transfer their rights to descendants. This type differs from the “blood right” in that in the event of a legal death before the birth of a child, citizenship will be determined by the status of his ancestor at the time of June 17, 1940. The same practice can be observed in Romania.
Naturalization phenomenon
Obtaining citizenship by naturalization is optional. Legislation of the state will regulate the adoption of the status of "citizen". As a rule, in order to obtain such a legal status, certain conditions must be observed (ability to use the state language, place of residence, etc.). The term “naturalization” uses the concepts of registration and granting citizenship.
Registration is the acquisition of the rights of a citizen at the request of the subject and without an additional number of conditions. The granting of citizenship is the honorable assignment of rights to a person, a member of the state government (most often the head of the country) for certain merits provided for by law.
Option and transfer
Citizenship of persons is directly related to the concepts of option and transfer.
Option is a constitutional right granted to an entity to choose a second citizenship. It is recognized internationally, but not universally accepted in all countries of the world. The representation of the second state may be determined, for example, by the place of residence, the territory of which has changed its affiliation. The option is excluded from the general way of acquiring citizen rights.
Transfer is a phenomenon of changing citizenship, which is based on the fact that the territory of one state becomes part of another.
Recovery
Obtaining citizenship after its loss is a process that allows a person to receive the patronage of one of the countries of the world, which corresponds to UN resolutions that spell out human rights.
You can restore your country if you previously belonged to it, but due to certain conditions it has lost its rights. This process is called reintegration. It can be provided both in special laws and in ordinary legislative acts on citizenship.
Repatriation - return to the homeland. Most often, the term is applied to prisoners of war, displaced persons, refugees and emigrants returning to their original country of residence.
Termination
The legislation of most countries provides for a provision on the possibility of terminating citizenship. Russian legal “privileges” can be terminated at the request of a citizen (Federal Law No. 62 of May 31, 2002 was introduced on the territory of the Russian Federation, which requires proof of acquiring another citizenship, before renouncing the previous one. Otherwise, renouncing citizenship is impossible).
The subject may be deprived of citizenship by decision of state representatives. However, in the territory of the Russian Federation, in accordance with the terms of the new provisions of the Constitution of the Russian Federation of 12.12.1993, even the state cannot deprive a citizen of all his rights and belonging to the state.
Citizenship may be taken away upon its change from the subject, in connection with the transition to another citizenship. Current legislation of the Russian Federation gives such rights mainly to bipatrides and individuals that may be in the possession of a territory that can be transferred to another power. This is due to a change in boundaries.
Expatriation is another form of deprivation of citizenship, which is characterized by temporary or permanent expulsion of a person from the state (homeland in a cultural or geographical sense). Most often, it involves the deprivation of civil rights.
The concept of stateless person and bipatrid
Russian citizenship, like the predominant part of other countries of the world, includes the concept of statelessness and bipatrism.
Constitutional rights recognize the existence of situations in which a person may possess the citizenship of several countries or none at all.
Stateless person is a physical entity without citizenship and / or citizenship. He does not have evidence of establishing membership in a particular state.
Bipatrism is a concept that Roman law defines as a status assigned to a person and allowing him to have two or more citizenships. At the same time, both countries may demand the fulfillment of the entire set of his duties as a citizen.
Value
Citizenship of Russia, like any other state, is a fundamental object for the study and construction of the highest quality system that allows all people to be on equal footing. A set of civil rights and obligations give a person the opportunity for self-realization. Also, a citizen has the right to participate in referenda and other election procedures, to hold state. position, etc.
It is important to remember that a set of civil rights is always paired with certain duties that are inherent only to a certain group of persons belonging to a particular country. Most often, as a performance of a duty, the subject is asked or forced to do military service. If a person has two or more nationalities, then his set of rights and obligations will differ from the standard model. These features are governed by international treaties and agreements.
Obtaining citizenship of the Russian Federation
Consider the issue of obtaining this status in the Russian Federation.
If the subject was born on the territory of Russia and both of its parents (or one of them) are part of the subjects of this state, then the child can automatically be assigned the status of citizen. For foreigners, things are not so simple.
Those who wish to acquire citizenship must fulfill a certain number of conditions before they get the right to do so. First of all, you need to submit a request.
Objective need
The reason for this desire is clear: a set of privileges that will allow you to carry out work in an official form, get a position in a certain company or organization, etc. Also, citizenship of many countries gives the right to free education, honey. service, visiting kindergartens, schools, are important virtues of citizen rights. The procedure for obtaining such rights can be general and expedited, as well as immediately assigned by birth right.
Fast citizenship
Speaking about how to obtain citizenship, it will be important to mention a simplified procedure.
In 2014, amendments were made to the law, which determined the procedure for obtaining the rights of a citizen and allowed to receive them in an accelerated form. However, this applies only to some groups of migrants. FZ-62 contains a set of data that clearly describes the categories of such entities (there were also additions that entered into force on May 2, 2014). First of all, this applies to those migrants who can freely communicate in the state language of the Russian Federation and have long lived in its territory. Also, an expedited procedure can be granted by law to entities whose ancestors were in the possession of Tsarist Russia or the USSR, but within the current state border of the Russian Federation.
A prerequisite that is required from the subject is the rejection of existing citizenship. However, there are cases when this moment is omitted. The reasons may be various, but they are provided for by the regulatory international agreements of Russia. The renunciation of citizenship of the Russian Federation may not be required if it is impossible due to reasons that are not dependent on the applicant entity.
Procedure
In order to obtain an accelerated citizenship, a citizen needs to live for some time on the territory of the Russian Federation. Immigrants are issued special visas. They are intended for obtaining a residence permit and further admission to citizenship. A simplified procedure does not compel one to obtain a temporary residence permit. This can significantly reduce the length of time required to enter the list of Russian citizens.
The accelerated procedure can be applied only to the following persons:
- Born in the USSR or having his citizenship.
- Students in the territory of the Russian Federation or former republics of the Union.
- Having a kinship with a civilian of the Russian Federation.
General form
In the case when accelerated clearance is not possible, it can be obtained using the general procedure. A prerequisite is that the migrant reaches the age of majority. The applicant must have a regular income, which he can confirm. If these conditions are met, then the subject can contact the departments of the FMS. It is important that:
- A residence permit was issued in advance and there was a permanent place of residence (over 5 years within this country from the moment of obtaining a residence permit).
- The person had a legitimate source of income.
- Subject discarded the existing form of citizenship.
- The person was fluent in Russian and was ready to confirm this by testing.
The length of stay may be reduced due to certain cases:
- The applicant has received substantial merit in the technical or cultural field, or he has a specialization that is valuable to the Russian Federation.
- The migrant asked for asylum.
- The person is a refugee.
Citizens of the USSR and military personnel who have served in the army for 3 years or more may not have a residence permit. This is a kind of benefit. They do not have to stay in the country for five years. They can also qualify for an accelerated citizenship process.