Russian nationality law

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Russian Citizenship Act
Coat of Arms of the Russian Federation.svg
Parliament of Russia
  • An Act relating to Russian citizenship
CitationN 62-ФЗ
Territorial extentRussia
Enacted by Government of Russia
Signed byPresident of Russia
Signed31 May 2002
Commenced1 July 2002
Related legislation
Constitution of Russia
Status: Current legislation

Citizenship of Russia is regulated by the Federal Act regarding citizenship of the Russian Federation (of 2002, with the amendments of 2003, 2004, 2006), by the Constitution of the Russian Federation (of 1993), and by the international treaties that cover citizenship questions and to which the Russian Federation is a party. In accordance with the supremacy clause of the Constitution, international treaties of the Russian Federation have precedence over Russian domestic law. [1]

Contents

Terminology

In the Russian language, there is a distinction between citizens of Russia, referred to as Rossiyane (plural, Russian : россияне; masc. singular россиянин Rossiyanin and fem. singular россиянка Rossiyanka), and ethnic Russians, referred to as Russkie (русские). The word Rossiyane is used much more often than Russkie in media and official documents. Those who have received Russian citizenship via naturalisation are also called Rossiyane, regardless of ethnicity and mother tongue (for example, Gérard Depardieu or Viktor Ahn). The word Rossiyane was coined by Mikhail Lomonosov in the 18th century[ citation needed ].

History

The Tsardom of Russia became a multinational state in the 16th century. The word Rossiyane, coined by Lomonosov, has been widely used since then. After the fall of the Russian Empire, the expression "Soviet people" was used for the population of the Soviet Union, regardless of ethnicity. After the dissolution of the USSR, the word Rossiyane became widely used again.

Post-Soviet Union

Until 1990, the Russian Soviet Federated Socialist Republic (RSFSR) was a subject of the Soviet federation. In 1990, state sovereignty of the RSFSR was declared, though the USSR was not abolished until the end of 1991. Article 11 of the declaration of state sovereignty introduced RSFSR citizenship. The text of the citizenship act was ready in the summer of 1991, but was not adopted by the Supreme Council (the legislative body of the RSFSR) until November 28, 1991. On January 23, 1992 some changes with respect to the dissolution of the USSR were applied to the text; the result was signed by the President and finally came into force after publication on February 6, 1992.

Citizenship act of 1991

In accordance with Article 13, former Soviet citizens among permanent residents on February 6, 1992 of the RSFSR were recognized as RSFSR citizens. Those who expressed their will not to become RSFSR citizens until February 6, 1993 were not recognized as RSFSR citizens. Supreme Council decree N 5206/1-1 recognized the following as Russian citizens:

Former Soviet citizens who were born on December 30, 1922 or later on Russian territory or to a Soviet citizen who was a permanent resident of the RSFSR at the birth of his or her were recognized as if they had been RSFSR citizens by birth (see Case of Smirnov).

Russian passports are a visible feature of Russian citizenship Russian ePassport.jpg
Russian passports are a visible feature of Russian citizenship

Russian citizenship can be acquired:

Compatriots act of 1999

In 1999, in spite of the veto of the President, the Federal Assembly adopted the Act on the state policy on compatriots abroad. [2] Article 11 stated that all former Soviet citizens and their descendants should be recognized as Russian citizens unless they had declared their intentions to be citizens of foreign states. However, this article was revoked in 2002 and persons under this article are not generally recognized by executive or court authorities of Russia as citizens of the Russian Federation unless they received documents of Russian citizenship before the article's revocation. No official comments have been given as to how this article should be interpreted. Oleg Kutafin, the chairman of the Presidential Committee on citizenship, criticized this Act in his book Russian Citizenship ( ISBN   5-7975-0624-6), but the legal consequences of this Act were not analyzed there.

Citizenship act of 2002

In 2002, a new citizenship act, supported by President Vladimir Putin, [3] [4] replaced the act of 1991.

Russian citizenship can be acquired:

The rules of citizenship by birth generally follow the principle of jus sanguinis, though a child can be recognized as a Russian citizen in several special cases:

Naturalization is usually granted if the applicant meets the following requirements:

The requirement to renounce one's foreign citizenship in order to be naturalised was abolished in 2020. [5] [6] [7]

In certain cases, some or even all of the above requirements can be waived by an Executive Order of the Russian President, [8] as happened on 3 January 2013, when Russian President Vladimir Putin signed an Executive Order granting Russian citizenship to French-born actor Gérard Depardieu, citing authority granted under Article 89(a) of the Constitution of the Russian Federation. [8] [9]

Restoration of citizenship is granted under the same rules as naturalization; the only exception is the residence term requirement (three years in this case). Although not in compliance with law, executive agencies (such as the federal migration service and Russian diplomatic and consular departments abroad) usually do not grant Russian citizenship to former Russian citizens if they do not satisfy citizenship restoration requirements, even if they satisfy requirements for facilitated naturalization[ citation needed ].

A special provision of law made it possible for former citizens of the USSR to apply for Russian citizenship before 2009. The only requirements were holding a temporary residence permit or a permanent residence permit, or being registered as a permanent resident of Russia as of July 1, 2002 and meeting the naturalization requirements of p. 2 and p. 4.

Citizenship of children (persons under 18 years of age) generally follows the citizenship of their parents. If one or both parents obtain Russian citizenship, their children become Russian citizens as well. If one or both parents lose Russian citizenship, their children lose it too. A child can acquire or relinquish Russian citizenship by the application of his parents, but at least one parent must be a Russian citizen in this case.

Statistics of foreigners who acquired Russian citizenship

According to the Russian Ministry of Internal Affairs, the number of foreigners who acquired Russian citizenship in 2019 was around 500,000. [10]

Multiple citizenships

In some cases, a citizen of Russia may be simultaneously a citizen of other states.

Multiple citizenships is when a citizen of the Russian Federation holds citizenship (nationality) of one or more foreign countries.

Having multiple citizenships does not make an exception to the obligations for persons. A person, as a rule, is obliged to pay taxes in two states, have a military duty in two states, and is deprived of the right to hold certain positions (lawyer, judge, civil servant, etc.).

According to the Constitution of the Russian Federation, a citizen of the Russian Federation (quote): "...may have the citizenship of a foreign state (dual citizenship) by the federal law or an international treaty of the Russian Federation" (article 62). [11] A citizen of the Russian Federation who has another citizenship shall be considered by the Russian Federation only as a citizen of the Russian Federation, except for cases provided for by an international treaty of the Russian Federation or by federal law. [12]

The acquisition of other citizenship by a citizen of the Russian Federation shall not entail the termination of Russian Federation citizenship.

The following international treaties of the Russian Federation regulating the issues of multiple (dual) citizenship are currently in force:

Until 18 May 2015, the Agreement between the Russian Federation and Turkmenistan on Dual Citizenship (1993) was in force.

By now, the term "dual citizenship" in Russia should apply to citizens of both Russia and Tajikistan. In all other cases, the concept of "other citizenship" or "second citizenship" should be used. However, the issues of dual citizenship, as well as those of other citizenship, have not been regulated. As of 2019 about 40 thousand holders of dual citizenship of Russia and Turkmenistan still live in Turkmenistan. [13] And the presence of dual citizenship of Russia and Tajikistan, as well as the presence of other citizenship, is an obstacle to employment in the civil service. [14] Therefore, both dual citizenship holders and holders of second citizenship are considered as persons with foreign citizenship without distinction.

Termination of Russian citizenship

Grounds for termination of Russian citizenship:

1) Voluntary renunciation of Russian citizenship. A citizen must declare and fulfil all obligations to Russia: no tax arrears, no incidents of being accused by the competent authorities in a criminal case, and a conviction that is to be carried out in respect of the citizen. Also, the applicant must either have the citizenship of a foreign country or guarantees to acquire it.

2) Reverse option. Choice of citizenship of another state when changing the state border of the Russian Federation.

3) Change of citizenship by parents.

The renunciation of Russian citizenship, in the absence of another citizenship and without guarantees of acquiring it, was allowed by the Russian Constitution and the legislation in force before the entry into force of the Federal Law on Citizenship of the Russian Federation [15] which does not allow such renunciation.

Visa requirements

Countries and territories with visa-free or visa-on-arrival entries for holders of regular Russian passports
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
Russia
Visa free with Internal passport
Visa not required
Visa on arrival
Electronic authorization or online payment required
Visa available both on arrival or online
Visa required prior to arrival Visa requirements for Russian citizens.png
Countries and territories with visa-free or visa-on-arrival entries for holders of regular Russian passports

Visa requirements for Russian citizens are administrative entry restrictions by the authorities of other countries placed on citizens of Russia. In 2020, Russian citizens had visa-free or visa-on-arrival access to 121 countries and territories, ranking the Russian passport 48th in the world according to the Visa Restrictions Index.

Constitutional Court cases

Case of Smirnov (1996)

Smirnov was born on RSFSR territory in 1950. In 1979, he married and moved his permanent residence to the Lithuanian SSR. He divorced in 1992 and returned to the RSFSR on December 8, 1992. He then applied for a notice of Russian citizenship in his passport, but this was rejected by executive officers. His claim was also rejected by common jurisdiction courts, including the Supreme Court of the Russian Federation.

The position of the executive officers and the courts was that Smirnov, in accordance with Article 13 of the Citizenship Act, was a former citizen of the Russian Federation, but not a citizen of the Russian Federation since February 6, 1992. He did have the option to apply for Russian citizenship through registration.

However, the Constitutional Court ruled that Article 18 of the Citizenship Act was not in conformance with the Constitution, as the registration procedure of Article 18 could be applied to Russian citizens by birth; that is, those persons who:

There is an opinion that this ruling determines that every former citizen of the USSR who was born in the territory of the RSFSR and never renounced Russian citizenship is a Russian citizen by birth, even if he also has foreign citizenship. This opinion is based on the Court's interpretation of Article 6 of the Constitution given in the text of the decision: "such persons... cannot lose Russian citizenship unless they explicitly expressed their will to give it up". A notable advocate of this position is Anatoly Mostovoy, who published the book Get Your Citizenship Back! ( ISBN   5-93165-077-6).

Criticism of the Decision

1) incorrect interpretation of Article 13 of the Citizenship Act of 1991

The interpretation of Article 13 of the Act given by the Constitutional Court does not conform to Article 12 of the Act, which states that citizenship before this Act came in force is determined by previous legislation. It is also not clear what legal consequences might be implied by declaring millions of people as Russian citizens for tens of years before the Act came in force, and even before the sovereignty of the RSFSR was declared.
A different interpretation of Article 13 could be that "citizenship by birth in the past" defines a term which is used by Article 18, p. "e" and art. 19, p. 3, pp. "e" (since amended in 1993).

2) incorrect interpretation of constitutional articles

Nothing in the Act states that "citizenship by birth in the past" confers Russian citizenship on the moment that the Act came into force. The Constitutional Court stated that "due to Article 6 of the Constitution of the Russian Federation, they remain Russian citizens until they relinquish it of their own will" (p. 3 of the reasoning). However, the Constitution came into force in December 1993, and it evidently has no retroactive effect. Deprivation of citizenship in the USSR was legal and happened from time to time. No provisions of law restricted constructions like "a citizen only on his/her moment of birth".

3) there were no constitutional issues in this case

Following the logic of Constitutional Court, Articles 13 and 18 of the Act conflict. The Constitutional Court should have stated why it applied Article 13 in this case. In general, considering conflicting legal norms, a court should choose one of them (using principles of lex posterior or lex specialis, or a conflict norm). If one of these is chosen, it is not necessary to decide if the other is constitutional or not. The Constitutional Court has no jurisdiction to declare a norm of law unconstitutional just because it does not conform to another norm of law.

Case of Daminova (2005)

Case of Fatullaeva (2007)

Until 2001-2002, former Soviet citizens could register their permanent residence on the territory of Russia in the same way as Russian citizens.

The federal act regarding Russian citizenship (2002) was amended several times to allow former Soviet citizens who had had their permanent residence registered on July 1, 2002 to apply for Russian citizenship.

Fatullaeva had been living in Russia up to this date but had never registered permanent residence.

She challenged the requirement of permanent residence registration at the Constitutional Court. The Court rejected her claim for the following reasons:

The Act on the Legal Status of Foreigners in the USSR (1981) was in force until 2002. According to this act, permanent residents of the USSR were persons who received permanent residence permits. Other foreigners were those with temporary residences in the USSR. However, former Soviet citizens did not apply for residence permits; they registered their permanent residence in the same manner as Russian citizens, in accordance with the Decree of Government N 290 of March 12, 1997. Therefore, registration of permanent residence was equivalent to obtaining residence permits in Russia[ citation needed ].

International treaties on citizenship

Eurasian Economic Community treaties

The Russian Federation has a treaty with Kazakhstan [16] and a treaty with Kyrgyzstan. [17] There is also a multilateral treaty among the Russian Federation, Kazakhstan, Kyrgyzstan and the Republic of Belarus. [18]

Citizens of the respective states that come to Russia for permanent residence have the right to obtain Russian citizenship if they:

Until the end of 2003, those treaties were ignored by Russian executive authorities. [19] Presidential Decree N 1545 [20] provided some means for implementation of the treaties. However, the decree requires that the applicant provide evidence that the state of his citizenship allows him to reside in Russia (such as a special stamp in a passport or an exit document). This does not conform to the treaties and makes obtaining citizenship significantly more difficult or even impossible in some cases. The Supreme Court of the Russian Federation stated in its decision [21] that one must prove, in accordance with the treaties, that he came to Russia for permanent and not temporary residence. This can be proved in accordance with Russian law. In accordance with the Act on the Status of Foreign Citizens in the Russian Federation, obtaining temporary or permanent residence permission in Russia does not require any permission from foreign states, so technically every person who lawfully resides in Russia is able to apply for a temporary residence permit and then for a permanent residence permit. Although the interpretation of the Federal Act given by the Supreme Court is incompatible with the Presidential Decree, the article was not declared void.

European Convention on Nationality

The European Convention on Nationality has been signed but not ratified by the Russian Federation. It is binding to the extent of the provisions of the Vienna Convention on the Law of Treaties. Domestic citizenship legislation is usually considered to conform to the convention.

Related Research Articles

Naturalization Process by which a non-citizen in a country may acquire citizenship or nationality of that country

Naturalization is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

President of Russia Since 1991, head of state of the RSFSR and Russia

The president of the Russian Federation, is the supreme head of state of the Russian Federation, as well as the commander-in-chief of the Russian Armed Forces. It is the highest office in Russia.

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.

Italian nationality law History and regulations of Italian citizenship

Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.

Austrian nationality law History and regulations of Austrian citizenship

Nationality law in the Republic of Austria is based on the principle of jus sanguinis. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.

<i>Afroyim v. Rusk</i> United States Supreme Court case

Afroyim v. Rusk, 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, Perez v. Brownell (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier.

Czech nationality law

The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.

Polish nationality law History and regulations of Polish citizenship

Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitled the person to a Polish passport.

Slovenian nationality law

Slovenian nationality law is based primarily on the principles of Jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.

Brazilian nationality law History and regulations of Brazilian citizenship

Brazilian nationality law is based on both the principles of jus soli and of jus sanguinis. As a general rule, any person born in Brazil acquires Brazilian nationality at birth, irrespective of the status of parents. It may also be acquired by children born abroad of a Brazilian parent or by naturalization.

Belarusian citizenship

Belarusian citizenship is membership in the political community of the Republic of Belarus. Belarusian citizens also hold citizenship in the Union State of Russia and Belarus.

Lithuanian nationality law

Lithuanian nationality law operates on the jus sanguinus principle, whereby persons who have a claim to Lithuanian ancestry, either through parents, grandparents, great-grandparents may claim Lithuanian nationality. Citizenship may also be granted by naturalization. Naturalization requires a residency period, an examination in the Lithuanian language, examination results demonstrating familiarity with the Lithuanian Constitution, a demonstrated means of support, and an oath of loyalty. A right of return clause was included in the 1991 constitution for persons who left Lithuania after its occupation by the Soviet Union in 1940 and their descendants. Lithuanian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states:

Singaporean nationality law History and regulations of Singaporean citizenship

Singaporean nationality law details the conditions by which a person holds Singapore nationality. The primary law governing nationality requirements is the Constitution of Singapore, which came into force on 9 August 1965.

Estonian nationality law History and regulations of Estonian citizenship

Estonian citizenship – based primarily on the principle of jus sanguinis – is governed by a law promulgated on 19 January 1995 by the Estonian parliament which took effect on 1 April 1995. The Police and Border Guard Board is responsible for processing applications and enquiries concerning Estonian citizenship.

Ukrainian nationality law History and regulations of Ukrainian citizenship

Ukrainian nationality law details the conditions by which a person holds nationality of Ukraine. The primary law governing nationality requirements is the Law on Citizenship of Ukraine, which came into force on 1 March 2001. Any person born to a Ukrainian citizen parent, both within the country or abroad, automatically receives Ukrainian citizenship by birth. Foreign nationals may naturalize after living in the country for at least five years and showing proficiency in the Ukrainian language.

Azerbaijani nationality law History and regulations of Azerbaijani nationality

Azerbaijani nationality law is regulated by the Constitution of Azerbaijan, as amended; the Citizenship Law of Azerbaijan and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, an Azerbaijani national. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Some countries use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Colloquially, as in most former Soviet states, citizenship is often used as a synonym for nationality, because nationality is associated with ethnicity. Azerbaijani nationality is typically obtained under the principle of jus sanguinis, i.e. by birth to parents with Azerbaijani nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

Multiple/dual citizenship is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.

Citizenship Act (Slovakia)

Slovak nationality law is the law governing the acquisition, transmission and loss of Slovak citizenship. The Citizenship Act is a law enacted by the National Council of Slovakia in regard to the nationality law following the dissolution of Czechoslovakia. In 2010, it was controversially amended, enacting loss of Slovak citizenship upon naturalization elsewhere. This was said to have affected the 2012 election to some degree.

Soviet nationality and citizenship law controlled who was considered a citizen of the Union of Soviet Socialist Republics, and by extension, each of the Republics of the Soviet Union, during that country's existence. The nationality laws were only in rough form from about 1913 to 1923, taking more definite form in 1924. There were several major changes in the nationality law, especially in 1931, 1938, and 1978. Soviet law originally expanded the bounds of jus sanguinis and citizenship by residence more than was common among European countries, before tending to gradually retract from that over time. Soviet citizenship law was also used as a political tool to expand the number of Soviet citizens globally, increase military conscription pools, and punish dissenters or even entire ethnic groups.

References

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