Citizenship, according to the Russian Constitution, is the legal link between the state and the individual. The same document also says that it is impossible to lose it. However, FZ-62 states the opposite and at the same time does not contradict the Constitution.
Deprivation of citizenship of the Russian Federation: in what cases is it possible
Article 6 of the Russian Constitution governs the following legislation regarding citizenship:
- Citizenship may be acquired or terminated in accordance with regulatory enactments of the Russian Federation.
- Regardless of the method of entry into citizenship, everyone is guaranteed equal rights.
- It is impossible to lose citizenship unilaterally. If under the Soviet Union they could have been deprived of it as punishment, then Russian legislation does not have such a norm.
FZ-62 "On Citizenship of the Russian Federation" establishes the rules for the acquisition and termination of citizenship. Launching the procedure for the deprivation of a Russian passport is not possible if there are no specific reasons for this. It can be either compulsory or voluntary. Deprivation of citizenship can be carried out in a general or simplified manner.
Voluntary refusal
Russian law defines a list of cases when citizenship can be terminated at will:
- Relocation to permanent residence in another state. As a result of the procedure, a person acquires the legal status of a stateless person or a foreign citizen in the territory of the Russian Federation.
- Refusal to a foreigner to obtain a passport of the Russian Federation. In fact, this is not the basis for deprivation of citizenship, but the consequences of the inability to enter it.
- Option. This term defines a number of cases when a person faces a choice between two states, if the legislation of at least one of them does not recognize double citizenship.
- Termination of juvenile citizenship when their parents receive a foreign passport. If the child is already 14 years old, he has the right to independently choose his citizenship. Therefore, written consent will be required from him. Moreover, both parents must submit an application for him.
Forced order
Deprivation of Russian citizenship is forcibly carried out in the following cases:
- Judicially recognized terrorist activity. In practice, such measures have not yet been applied, since they are at the stage of the bill.
- Based on a court decision, when an immigrant intentionally forged papers to obtain a Russian passport. In fact, the process takes place unilaterally, but does not contradict the law, since there is a criminal trial.
General procedure
A citizen must apply with a statement and all necessary documents to the department of the Ministry of Internal Affairs on migration issues at the place of registration. In addition, you can contact the multifunctional center for the provision of public services.
After the transfer of papers, it remains only to wait for a decision. An individual will be notified about it by mail. The result of the procedure will be a certificate of exit from citizenship of the Russian Federation. Then you need to come to the migration service and hand in your passports (foreign and domestic) and a birth certificate. Also, the person receives a certificate of a foreign citizen.
Simplified scheme
Deprivation of citizenship of the Russian Federation in the framework of a simplified procedure can be applied to those persons who permanently reside abroad and do not intend to return to their homeland to resolve this issue. To do this, you should contact the consular service at the diplomatic mission of Russia abroad.In addition to the basic documents, it is also necessary to submit:
- certificate of deregistration at the place of residence in the Russian Federation;
- document confirming the legality of stay in a foreign country.
What is needed from the documents
The process of deprivation of citizenship cannot be started without collecting a specific list of securities. It includes:
- passport of a citizen of the Russian Federation;
- confirmation from the Federal Tax Service about the absence of debts and unpaid taxes (the processing of this document takes exactly 10 days);
- a check on the payment of the state fee for consideration of the application (the amount is 2 thousand rubles);
- a paper on entry into citizenship of a foreign state;
- 3 color or black and white photographs measuring 3 by 4 cm;
- certificate of change of property, if any.
All original documents must be accompanied by certified copies. The full list of securities can be clarified directly in the Ministry of Internal Affairs or on the portal "State Services".
Deprivation of citizenship is also impossible without filling out the standard application form. It is filled exclusively by hand. It is forbidden to make mistakes and make corrections in it. All form fields are required. The following information must be included in the application:
- Reasonable motivation to exit citizenship.
- The applicant's full name, if they have changed, indicate the old ones.
- The list of minors who leave their citizenship with the applicant.
- National affiliation.
- Floor.
- Current address of residence.
- Date of birth, locality.
- Information about the education received.
- Occupation, information about places of employment.
- Does the applicant have a criminal record?
- Availability of military ID.
How long will the whole process take
The deprivation of Russian citizenship in a general manner can take up to 12 months. If a simplified method was used, then the process lasts no more than six months.
The procedure may take longer than it is regulated by law, in cases when documents were incorrectly executed. The person will be informed of this by mail notification.
When can denial of citizenship
Russian law establishes the following cases when the authorities have the right to refuse to terminate citizenship:
- The presence of unpaid taxes.
- Debts to the FSSP.
- Outstanding conviction.
- In relation to a person, a charge in court or a sentence has been brought.
- The presence of debts in banks of Russia on loans.
- A citizen is liable for military service, but is not called up for military service.
- In relation to a citizen, there is a court decision banning travel outside of Russia.
- The possibility of obtaining citizenship of a foreign state is absent.
- Children of a citizen cannot leave their homeland after him.
- The applicant has provided an incomplete set of documents or filled out the application form incorrectly.
Cases of deprivation of citizenship are detailed in FZ-62. The procedure is quite simple, but takes a lot of time. In particular, difficulties relate to the collection and execution of documents. Before you start the procedure for renouncing citizenship, you should weigh all the pros and cons, since it will be much more difficult to restore a passport.