In the article, we propose to parse the term, which is not so common, but quite interesting for familiarization. Let’s see that this is a branching. And let's start with the definition of what is represented by dictionaries.
Interpretation of the concept
The term "branching" means:
- The child acquires citizenship upon his birth.
- Provision of citizenship to a newborn by a specific state.
- The gender side by which kinship is transmitted. From here, maternal, feminine filigree — matrilinearity, male and paternal filigree — patrilinearity are distinguished.
Acquaintance with the meaning of the concept helps and familiarity with its origin. With lat. filialis - "sons".
Principles of Filialization
The filial procedure is the acquisition of citizenship based on two key principles:
- "The right of blood." In this case, the newborn will acquire the citizenship of the homeland of his father and mother, regardless of the territory of which state he was born.
- "Right of the soil." This is a radically different position. A child is determined by a citizen of the country on whose land fate brought him to be born. The citizenship of his parents does not affect the fact of filiation. That is, the father and mother can be subjects of the same other state, as well as two different countries.
Types of branching
In the broadest sense, branching is the acquisition of citizenship. On this side, the phenomenon is divided into three categories:
- By the law of the earth. The child acquires the citizenship of the country in whose territory he was born.
- Blood filing. This is the acquisition of the same citizenship that parents have.
- Hereditary filiation. Determination of citizenship in the case when the child is born outside the native state of the father and mother, in the event of the death of his parents.
Filialization in Russia
If you look at the modern world, today there is a mixed system. That is, the principles of "soil law" and "blood law" are relevant at the same time.
As for the Russian Federation, the "right of blood" prevails in our country, at the same time combined with the "right of the soil." The latter applies when citizenship is not possible to determine on the basis of the "blood right". Suppose such a situation. If the citizenship of the parents is not the same, but the father or mother is a citizen (citizen) of the Russian Federation, then the child will acquire domestic citizenship.
And if the parents of the newborn are citizens of other states, and the baby appeared on the territory of the Russian Federation, then Russian citizenship can only be granted to him in one case. When states whose subjects are father and mother do not grant their citizenship to children born outside their borders.
A citizen of the Russian Federation also becomes a child found in Russia, whose parents are unknown. There may be another case. If the father and mother do not have citizenship at all, but their baby has appeared in the vastness of the Russian Federation, a boy or girl becomes a full-fledged citizen of Russia.
World Branch
Let's talk in more detail about the fact that this is a branching. The universally recognized international law establishes that absolutely everyone has the right to citizenship at the time of his birth. This is spelled out in Art. 1 of the Convention on the Reduction of Statelessness. The document determines that the state is obliged to grant citizenship to a baby born within its borders. And filiation here is the most common form of acquiring it (citizenship).
In its pure form, the "right of blood" can be found only in the countries of Scandinavia. The "right of the soil" there can only be applied to babies whose parents are unknown.
But in states that have adopted international common law, as well as in a number of Latin American countries (for example, in Argentina), "soil law" will prevail over "blood law". Or speak with him on an equal footing.
We have examined such an important concept in international and domestic law as filiation. Now you are aware of the intricacies of acquiring citizenship in a newborn.