Citizenship is one of the basic institutions of the constitutional legal industry. Its value is bilateral in color. This is due to the fact that, on the one hand, citizenship acts as a way and means of protecting a person, his rights, legitimate interests and freedoms, and on the other, with the help of citizenship, the foundations of the state are also protected. The importance of the existence of such an institution in the legal system of each country is due to the continuous process of globalization of modern society, blurring the boundaries between sovereign entities, and the creation of numerous international associations. The acquisition of citizenship is an important problem for every foreigner or stateless person living in the territory of the Russian Federation, having a source of income here and connecting his future with this country. On the other hand, some people with Russian passports are interested in the termination of all legal ties with the Russian Federation. Consider how the acquisition and termination of citizenship of the Russian Federation, what is the meaning and significance of this institution of constitutional law.
What it is?
The legal definition of the term “citizenship” is contained in the Federal Citizenship Act RF ". In article 3 of this normative document, this concept is defined as a stable, as well as a legal connection of a person with the Russian Federation, which is expressed in the presence of a combination of mutual powers and obligations between these two entities. Sustainable this connection is called because one of the principles of this institution is its inalienability and stability, the ban on deprivation of citizenship. In addition, such relations between a person and the state are legal, as they are regulated by the norms of legislation. I would like to note the fact that the acquisition of citizenship of the Russian Federation leads to the emergence between a particular person and the country of not only mutual powers and obligations, but also responsibility.
The legal basis of this institution is not only the federal law mentioned above. Basic provisions affecting the grounds for acquiring citizenship of the Russian Federation are enshrined in the Basic Law - the Constitution. Also, the fundamental principles on which this legal institution is based contain international law. It is important to note that citizenship is a right, not an obligation of a person, it is a measure of possible behavior, which is aimed at realizing the interests of a person. From a moral point of view, the citizenship of a certain country means a feeling of belonging to a native people, to a certain country. In addition, it enhances the sense of significance, patriotism.
What are the principles of citizenship?
The legal institution we are considering is based on fundamental, basic principles that are universally recognized and enshrined in international documents. The first of the principles is that all the methods of acquiring citizenship enshrined in Russian law are equal. It does not matter whether a person acquired this status by birth or as a result of rooting, because the scope of powers and responsibilities granted to all subjects is the same for all. The second most important characteristic of citizenship is its inalienability. It lies in the fact that no one can be forcibly deprived of such a status.Also, one cannot forbid a person to change his or her belonging to a particular state, since this relationship between a person and a country is free.
It should also be noted that the citizenship of the Russian Federation is extraterritorial - this relationship is legal, not factual. This means that living outside the country is not a reason for terminating ties with Russia. It is also important that a person holding a Russian passport cannot be expelled from the Russian Federation, and equally cannot be extradited to a foreign state. Another principle is that the Russian Federation encourages the acquisition of citizenship by stateless people who live in the territory of this country. All these fundamental provisions are enshrined in article 4 of the Federal Law “On Citizenship of the Russian Federation”. Also, some of these rules are enshrined in the main law - the Constitution. On these basic principles all legal regulation of this institute is under construction.
Grounds for acquiring citizenship
According to the current legislation, you can get a Russian passport in various ways. Both a general procedure for acquiring citizenship and a simplified one are provided. The latter can be applied by special categories of people who previously had a legal relationship with the Russian Federation or have special merits to this country. The Law “On Citizenship of the Russian Federation” provides for the following grounds for acquiring Russian citizenship:
1) by birth (that is, as a result of filiation);
2) by admission to citizenship;
3) in the registration procedure;
4) as a result of his recognition;
5) by option;
6) for other reasons (for example, as a result of international adoption).
Let us consider in more detail each method of acquiring legal ties with the Russian Federation.
How to get a Russian passport by birth?
Ways to acquire citizenship include filialization. It is the most common basis for acquiring legal relations with the state. It should be noted that the Latin filialis means "filial". In the general sense, this word is understood as continuity, direct dependence. The meaning of filiation as the basis for acquiring Russian citizenship is as follows. So, in the case when both parents are in a legal relationship with the Russian Federation, their child “inherits” belonging to this state. In this case, the birthplace of the child is not taken into account. Also, regardless of the country of birth, a child born from a Russian and a stateless person can become a citizen of the Russian Federation. In addition, the acquisition of Russian citizenship on this basis is also possible when one of the parents has a Russian passport, while the other is a foreigner.
A newborn whose mom and dad are citizens of another country or belong to the category of stateless persons also has the opportunity to become a citizen of the Russian Federation. In this case, the place of birth is an important circumstance. To obtain citizenship in such a case, the child must be born in the territory of this state. In addition, he can acquire legal relations with this country only on condition that otherwise he is threatened to remain stateless, that is, a stateless person. It should also be added to the list of reasons the fact of birth from unknown parents who have not claimed their rights to the child within six months from his birth, provided that the child was born on the territory of the Russian Federation. Thus, there are five reasons for the emergence of a legal connection between a person and a country as a result of filiation. After analyzing them, you can identify the main principles of acquiring citizenship by birth. The first of these is the principle of blood, according to which the child "inherits" the legal belonging to a state from his parents. The second, the principle of soil, means the emergence of relations with the Russian Federation in connection with the fact of birth on the territory of this country.
How is citizenship granted?
The legal connection between a person and the state can arise not only as a result of filiation. Consider the second way to acquire Russian citizenship. So, foreigners, as well as stateless persons can get a Russian passport. To do this, they need to comply with several conditions. Firstly, the acquisition of Russian citizenship is possible if such people continuously and permanently lived in Russia for five years from the date of obtaining a residence permit. During each calendar year of these five years, they were required to be within the state border of the Russian Federation for at least 9 months. Secondly, potential Russian citizens are required to have a legitimate source of livelihood. Thirdly, they must speak the state language of the country. Fourth, such persons must promise to comply with all applicable laws of the state. Fifth, they must be of legal age and legal capacity.
If all these conditions are met, you can apply for citizenship to the appropriate authorities. It should be noted that persons who have been granted political asylum by the Russian Federation, refugees, as well as people who have achieved high achievements in the cultural, scientific and technical fields and have a profession of interest to the state, the period of residence in the country necessary to obtain a Russian passport is reduced up to one year. Also, a person who has special merits to Russia can acquire the citizenship of this state without observing all the above conditions. Not so stringent requirements are also imposed on citizens of the former USSR countries, who at one time served three years under the contract in the Armed Forces of the Russian Federation. They do not have to provide a residence permit. Also, the qualification of settledness does not apply to them.
How to get a Russian passport as a result of registration?
There is also a simplified procedure for acquiring citizenship of the Russian Federation. The right to apply a simplified system of obtaining citizenship is possessed by people who have at least one parent with a Russian passport and permanently resides in the territory of this state. In addition, former USSR citizens residing in countries belonging to the Soviet Union, and who are stateless, can also establish legal relations with the Russian Federation in the registration procedure. People who fall into these categories of candidates can apply for Russian citizenship without the fact of prolonged residence in Russia and presenting a residence permit. It is enough for them to have a permanent and legal source of income here, speak the state language and promise to comply with the laws of this country. Acquisition of citizenship of the Russian Federation by a simplified system is also possible for other categories of people. So, it is not necessary to live for a long time in the territory of the Russian Federation who wish to obtain a passport of this country if they:
- were citizens of the Soviet Union and were born on the territory of the RSFSR;
- disabled, however, have an adult legally capable child - a citizen of the Russian Federation;
- have been married to a Russian for more than three years;
- have a minor child who is a citizen of the Russian Federation, provided that the other parent (also holding a Russian passport) has died or is declared legally incapable, missing, or is deprived of parental rights;
- have an adult son or daughter, citizens of the Russian Federation, recognized as legally incompetent, provided that the other parent cannot be their guardian because of their incapacity, due to the deprivation of parental rights or death;
- have other reasons for obtaining a Russian passport using a simplified system in accordance with the law.
A similar procedure was established for those people who, in addition to the desire to join the ranks of citizens of the Russian Federation, also have good reasons for this.
What does recognition of citizenship mean?
In accordance with the legislation of the Russian Federation, the connection between the state and people who are citizens of the former Soviet Union, who permanently resided in Russia on the day the relevant federal law comes into force, is automatically recognized. An exception was made only by those who, within one year from that moment, declared their unwillingness to find legal ties with this state. Thus, the acquisition of citizenship as a result of its recognition is a process that was implemented once, mainly on the day the Federal Law "On Citizenship of the Russian Federation" comes into force. It is characterized by the absence of active actions on the part of people who want to establish this legal relationship with the state.
What is an option?
The grounds for acquiring citizenship include the ability to acquire a Russian passport as a result of changing the country's border and adding new territories to it. In the event that any land changes its nationality, people living on them have the opportunity to change their citizenship. The term "option" comes from the Latin "optatio", which means "desire, choice." Option may be as active (requiring active action on the part of the person); and passive (when a person is required to either consent to a change in state affiliation or inaction). As a rule, the fulfillment of any special conditions for this is not required. As a rule, children during the option follow the citizenship of their parents.
What other reasons for acquiring Russian citizenship exist?
Children of Russian citizens adopted by Russians can also acquire legal relations with the Russian Federation, persons who have noted actions that are sufficient to receive the title of honorary citizen, guardians and other categories of people.
What is the legal status of citizens of the Russian Federation?
Let us consider how the position of persons holding a Russian passport differs from foreigners. Legislatively stipulated that citizens of other countries, as well as stateless persons, enjoy the same scope of powers as citizens of the Russian Federation. They also have responsibilities on a par with the Russians. However, these provisions concern more personal rights and obligations of people. As for political competencies, their circle is much wider for citizens of the Russian Federation. So, for example, the right to vote (to participate in elections both as a candidate and as a voter) has only a citizen. Only this category of people can take part in referenda. Citizens are required to perform military service. It should be noted that only people with Russian passports can use all social benefits and free medical care. In addition, there are restrictions for foreigners regarding the acquisition of ownership of land located in the Russian Federation.
What are the ways to terminate citizenship?
It happens that a person expresses a desire to terminate all legal relations with the state. Recall that the acquisition and termination of citizenship is the choice of each individual person. In the Russian Federation, this legal institution is free. It should also be noted that the grounds for acquiring and terminating citizenship are enshrined in law. The Federal Law "On Citizenship of the Russian Federation" provides two ways to interrupt legal communications with Russia. The first of them, the general one, is the exit from citizenship. In order to lose legal protection on the part of the state, the interested person only needs to submit an appropriate application to the authorized bodies. However, such requirements are not always satisfied. So, withdrawal from citizenship is not allowed in cases where a person has obligations to the state (for example, has tax arrears), is brought in as a defendant in a criminal case or is serving a sentence for criminal acts, and also does not have other citizenship and guarantees of its acquisition. The second way to interrupt communication with the country - a simplified one - is established for persons who permanently reside in other states, as well as for children whose mother or father is a foreigner.
Who decides on citizenship issues?
Now that we have considered all the grounds and the procedure for acquiring citizenship, it is important to establish which state institutions have the authority to resolve such issues, as well as to reveal their competence. So, the bodies that are in charge of citizenship issues include:
- The president. Firstly, he is authorized to provide political asylum. Secondly, it is the President of the Russian Federation who decides on the issue of obtaining citizenship.
- The federal body in charge of internal affairs, as well as its territorial bodies. The scope of their competence includes the receipt of applications relating to citizenship issues from persons who live in the Russian Federation, their consideration, decision-making on them (in a simplified manner). In addition, they are authorized to issue passports of the Russian Federation in a positive response to applications.
- Foreign Ministry diplomatic missions, as well as consular posts located outside the state border of the Russian Federation. They solve similar issues with the Ministry of Internal Affairs - they also accept, consider applications regarding these issues, but only from people living outside the Russian Federation.
It should be noted that the activities of all the above bodies should be aimed at protecting the interests of citizens, observing the constitutional principles of the institution of citizenship, as well as protecting the state, its sovereignty and integrity of the territory, and avoiding conflicts based on nationalism and intolerance.
