Soviet nationality law

Last updated August 05, 2023

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.

Early situation on citizenship

After the Russian Revolution, between 1917 and 1923, citizenship and nationality questions were subject to the control of various bodies in the "numerous independent and semi-independent republics and regions."^[1]

Earlier leaders did not focus on nationality law, because they believed that an ongoing worldwide Communist revolution would eventually join all person on the world into one larger Communist citizenship.^[1]

The 1918 constitution of the Russian SFSR did not draw a clear distinction between citizens and non-citizens, instead simply extending rights of Russian citizens to non-citizens within the Russian Republic.^[1]

While residents of the Russian Empire were initially welcomed by the government to return, after the Russian Civil War, the Bolshevik party leadership engaged in mass denaturalization of Russians who had left.^[2]

The 1923 USSR constitution established a single uniform USSR citizenship for all citizens of the SSRs.^[1]

It was not until October 29, 1924 that the first comprehensive citizenship laws or regulations came into effect in the USSR, making it difficult to determine citizenship status until then.^[1]

The first comprehensive Soviet law on citizenship, in 1924, established USSR citizenship, status of foreigners, citizenship at birth, citizenship effect on children of their parents, and naturalization.^[1] A 1930 revision modified a few details.^[1] It also greatly expanded the power to denaturalize citizens.^[2]

First comprehensive laws

The "Statute on Citizenship of the Union of the S.S.R. of April 22, 1931" laid out Soviet laws on citizenship.^[3]^[1]

All citizens of the USSR were also citizens of an SSR, and all citizens of the SSRs were also citizens of the USSR.^[3]

Citizenship in the individual SSRs "formally existed but had no practical or political consequences" because it was subsumed into USSR citizenship.^[4] Experts believes that SSR citizenship was largely non-existent.^[4]

All persons in the USSR were citizens unless proved to be a citizen of a foreign state.^[3]^[1] The rule avoids statelessness, and also "subject[s] every one who cannot prove his foreign citizenship to the strict surveillance to which all citizens are subjected."^[1] It also had the effect of building the potential pool of military recruits for conscription.^[2]

Any person born of a parent who was a citizen of the USSR was also a citizen of the USSR,^[3] which extended the principle of the previous imperial regime.^[1] This practice continued through the later Stalin's 1938 "On USSR Citizenship" law, in order to broaden the number of Soviet citizens.^[2]

This includes children born outside wedlock.^[1] No process of renunciation was given for those living inside the USSR.^[1]

Marriage to a USSR citizen did not automatically confer citizenship,^[3] which was seen as a break from European bourgeois customs.^[2] The citizenship of a child under 14 generally changes with the citizenship of the parents, either to or away from USSR citizenship,^[3] but did not do so automatically if the parents' citizenships differed, which was also seen as a break from European custom.^[2]

A Soviet citizenship act number 198 was enacted on August 19, 1938, consisting of only eight articles instead of its predecessor's 29 articles.^[5]^[6]

It was originally designed to replace all earlier Soviet citizenship regulations and laws, until that provision was removed, as it was too terse to provide substantial guidance, so that only conflicting earlier provisions were replaced.^[6]^[2] The 1938 law no longer stated that all persons in Soviet territory were presumed to be citizens.^[2] It created officially stateless persons who did not have Soviet citizenship and could not prove other citizenship.^[2] The 1931 act was repealed in 1939.

Practical application

Details of naturalization in the 1931 law were deliberately kept vague, so as to provide full power to administrative authorizes to decide upon who might be admitted to citizenship.^[1]

In general, Soviet citizenship law was very inclusive in theory.^[7]

There were no official requirements for residency; knowledge of language, history, constitution, or political system; minimum income; or the like.^[7]^[3] All that was required was an application and renunciation of other citizenships, and specifying of a particular SSR citizenship.^[7]

In the period leading up to the 1938 law, the Soviet political system made strong use of deprivation of citizenship and reinstatement as instrument of discipline and sanction.^[2] Entire groups or categories were stripped of citizenship or the rights of citizenship.^[2]

1940s regional citizenship laws

In the 1940s a variety of decrees concerning USSR citizenship for persons from specific areas and regions were enacted, including:^[5]

Lithuanian, Latvian, and Estonian SSRs, on September 7, 1940
Bessarabia and northern Bukovina, on March 8, 1941
former Russian Manchuria on November 10, 1945
former Russian territories in Xinjiang, Shanghai, and Tianjin, on January 20, 1946
Soviet Armenia, on October 19, 1946
Czechoslovakia, on October 31, 1946
Klaipėda, Šilutė, and Pagėgiai, Lithuanian SSR, on December 16, 1947

In February 1947, the USSR prohibited marriage between citizens of the USSR and aliens, but repealed that law in November 1953.^[5] In March 1948, the USSR laid out procedures for Lithuanian, Latvian, and Estonian nationals living in Latin America to acquire Soviet citizenship.^[5]

A 1954 citizenship decree that reinstated the 1931 citizenship regulations changed the outlines of who was a Soviet citizen by stating that all persons who have "long resided" in Soviet territory were Soviet citizens, including those persons who had been denied citizenship.^[6]

Late changes

Changes to the USSR's citizenship laws were also enacted by 1977 constitution and the December 1, 1978 law on citizenship.^[8]

Related Research Articles

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The Soviet passport was an identity document issued pursuant to the laws of the Union of Soviet Socialist Republics (USSR) for citizens of the USSR. For the general purposes of identity certification, Soviet passports contained such data as name, date of birth, gender, place of birth, ethnicity, and citizenship, as well as a photo of the passport holder. At different stages of development of the Soviet passport system, they could also contain information on place of work, social status, and other supporting information needed for those agencies and organizations to which the Soviet citizens used to appeal.

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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 entitles the person to a Polish passport.

Belarusian nationality law regulates the manner in which one acquires, or is eligible to acquire, Belarusian nationality, citizenship. Belarusian citizenship is membership in the political community of the Republic of Belarus.

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 the Soviet occupation 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.

Non-citizens or aliens in Latvian law are individuals who are not citizens of Latvia or any other country, but who, in accordance with the Latvian law "Regarding the status of citizens of the former USSR who possess neither Latvian nor other citizenship," have the right to a non-citizen passport issued by the Latvian government as well as other specific rights. Approximately two thirds of them are ethnic Russians, followed by Belarusians, Ukrainians, Poles, and Lithuanians.

Estonian citizenship law details the conditions by which a person is a citizen of Estonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.

Ukrainian nationality law details the conditions by which a person holds nationality of Ukraine. The primary law governing these requirements is the law "On Citizenship of Ukraine", which came into force on 1 March 2001.

The Latvian nationality law is based on the Citizenship Law of 1994. Before 2020, it was primarily based on jus sanguinis.

Russian citizenship law details the conditions by which a person holds citizenship of Russia. The primary law governing citizenship requirements is the federal law "On Citizenship of the Russian Federation", which came into force on 1 July 2002.

Armenian nationality law is regulated by the Constitution of Armenia, as amended; the Citizenship Law of Armenia 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 Armenian 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. In Armenia, colloquially the term for citizenship, "քաղաքացիություն", refers to both belonging and rights within the nation and the term for nationality, "ազգություն", refers to ethnic identity. Armenian nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Armenian 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.

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.

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

Loss of citizenship, also referred to as loss of nationality, is the event of ceasing to be a citizen of a country under the nationality law of that country.

The nationality law of Bosnia and Herzegovina governs the acquisition, transmission and loss of citizenship of Bosnia and Herzegovina. Regulated under the framework of the Law on Citizenship of Bosnia and Herzegovina, it is based primarily on the principle of jus sanguinis.

References

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Sandifer, Durward V. (October 1936). "Soviet Citizenship". The American Journal of International Law . 30 (4): 614–631. doi:10.2307/2191124. JSTOR 2191124. S2CID 246003387.
1 2 3 4 5 6 7 8 9 10 11 Alexopolous, Golfo (Summer 2006). "Soviet Citizenship, More or Less: Rights, Emotions, and States of Civic Belonging". Kritika: Explorations in Russian and Eurasian History. 7 (3): 487–528. doi:10.1353/kri.2006.0030. S2CID 144846348.
1 2 3 4 5 6 7 Taracouzio, Timothy Andrew (1935). The Soviet union and international law; a study based on the legislation, treaties and foreign relations of the Union of socialist soviet republics. Macmillan. pp. 379–382.
1 2 Shevel, Oxana (April 2013). "Country Report: Ukraine" (PDF). European University Institute. pp. 3–4. Retrieved March 20, 2019.
1 2 3 4 "Laws Concerning Nationality" (PDF). United Nations Legislative Series. United Nations. 1954. pp. xiv–xv. Retrieved 12 April 2023.
1 2 3 Ginsburgs, George (1983). The Citizenship Law of the USSR. Springer Science+Business. pp. 11–14, 37, 71–72. ISBN 978-94-015-1184-1.
1 2 3 Makaryan, Shushanik (March 30, 2006). "Trends in Citizenship Policies of the 15 Former Soviet Union Republics: Conforming the World Culture or Following National Identity?" (PDF). University of California, Irvine School of Social Sciences. pp. 3–4. S2CID 31169767 . Retrieved March 20, 2019.
↑ Plender, Richard (1988). International Migration Law. Martinus Nijhoff Publishers. ISBN 978-90-247-3604-1.

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[Sandifer-1] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Sandifer, Durward V. (October 1936). "Soviet Citizenship". The American Journal of International Law . 30 (4): 614–631. doi:10.2307/2191124. JSTOR 2191124. S2CID 246003387.

[Alexopolous-2] 1 2 3 4 5 6 7 8 9 10 11 Alexopolous, Golfo (Summer 2006). "Soviet Citizenship, More or Less: Rights, Emotions, and States of Civic Belonging". Kritika: Explorations in Russian and Eurasian History. 7 (3): 487–528. doi:10.1353/kri.2006.0030. S2CID 144846348.

[Taracouzio-3] 1 2 3 4 5 6 7 Taracouzio, Timothy Andrew (1935). The Soviet union and international law; a study based on the legislation, treaties and foreign relations of the Union of socialist soviet republics. Macmillan. pp. 379–382.

[EUDO-4] 1 2 Shevel, Oxana (April 2013). "Country Report: Ukraine" (PDF). European University Institute. pp. 3–4. Retrieved March 20, 2019.

[UN-5] 1 2 3 4 "Laws Concerning Nationality" (PDF). United Nations Legislative Series. United Nations. 1954. pp. xiv–xv. Retrieved 12 April 2023.

[Ginsburgs-6] 1 2 3 Ginsburgs, George (1983). The Citizenship Law of the USSR. Springer Science+Business. pp. 11–14, 37, 71–72. ISBN 978-94-015-1184-1.

[Makaryan-7] 1 2 3 Makaryan, Shushanik (March 30, 2006). "Trends in Citizenship Policies of the 15 Former Soviet Union Republics: Conforming the World Culture or Following National Identity?" (PDF). University of California, Irvine School of Social Sciences. pp. 3–4. S2CID 31169767 . Retrieved March 20, 2019.

[Plender-8] Plender, Richard (1988). International Migration Law. Martinus Nijhoff Publishers. ISBN 978-90-247-3604-1.

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