Deprivation of citizenship of the Russian Federation is a legal process that applies exclusively to citizens who have violated specific norms of the Constitution of the Russian Federation and special legislation of the Russian Federation. Deprivation of state membership is always a negative legal consequence. The severance of legal relations involves expulsion from the country and the termination of any economic or political connection.
Legislation on citizenship of the Russian Federation
Theoretical information on citizenship is the responsibility of the branch of constitutional law. It is this section that deals with the knowledge of legal relations related to citizenship. It follows that the first official document that includes rules on citizenship is the Constitution of the Russian Federation.
The status of a citizen of the Russian Federation gives an individual special rights and responsibilities in relation to the state. On the other hand, the state also assumes a number of rights and responsibilities in relation to the citizen. It is noteworthy that, according to the Constitution, citizenship allows a person to acquire and exercise a number of freedoms.
The severance of such relationships can sometimes be terminated by law. It is important to understand who can be deprived of Russian citizenship and that this is a two-way process.
Article 6 of the Basic Law states that for situations in which citizenship is terminated, a special legal regulation must be applied.
In pursuance of the provisions of the constitution, a special law “On Russian Citizenship” was developed. In it, parliamentarians set out in detail the main provisions regarding the acquisition and termination of rights and obligations in relation to the state, the consequences of such processes and their legal significance.
In what cases can a Russian citizen be deprived of Russian citizenship?
The Constitutional Court of the Russian Federation indicated that registration as a method of acquiring Russian citizenship does not apply to persons who were born on the territory of the Russian Federation, were citizens of the former USSR, did not express a free desire to cease belonging to the citizenship of the Russian Federation, and previously left for permanent residence outside Russia, but within the former USSR, are not citizens of other states (which were part of the former USSR) and subsequently returned to Russia for permanent residence.
Terrorism and extremism
Does the Constitution of the Russian Federation allow the possibility of depriving a person of citizenship? The answer to this question is contained in Art. 6 of the Basic Law of the Russian Federation. Part 3 of the article states that a Russian citizen cannot be deprived of his status, except when he himself wants it.
All these reasons are included in the current legislation, which directly relates to all procedures related to citizenship. It is important to remember that any changes to these regulations must be in addition to federal legislation. This means they cannot be carried out by local government, the administration of individual cities and constituent entities of the Russian Federation. Any changes can be considered and accepted solely by the government of the state, and no one else.
It should also be noted that any violations associated with this rule are a gross violation of human rights and freedoms. And given that they will be connected with the direct sphere of activity of the government of the entire country, punishment will follow immediately. If, of course, it is proven. And it is important to understand that not only those people who were deprived of citizenship by violators have the right to submit such petitions to the court or other responsible authorities.
Reasons for deprivation of citizenship
- The person himself wants his citizenship to be revoked.
- The decision to grant citizenship to foreigners was reversed.
- The so-called option is a change of citizenship from one to another, which must be done in order to live in the territory of another state.
- There was a need to accept the same citizenship as that of a person’s biological parents, or those who fulfill their duties.
More and more people are striving to obtain a Russian passport, so the question of admission or restoration of Russian citizenship is enjoying enviable popularity. But the coin has two sides: if there is an entry procedure, then there is also an exit procedure. Let's look at the second, but no less important side - deprivation of Russian citizenship, what it is and how it happens.
Obtaining citizenship: methods, procedure, refusal of extradition and its reasons
The possibility of obtaining citizenship of the country is provided:
- international treaties of the Russian Federation;
- the constitution;
- special law on citizenship.
The first and main basis is the birth of a person on the territory of the Russian Federation (territorial principle). It is important that the child automatically receives citizenship of the country if the mother or father has legal affiliation with the Russian Federation.
Acceptance of citizenship (obtaining a passport) is another complex process, but the most common. Most foreigners undergo so-called naturalization. Faster adoption of citizenship is determined exclusively by special legislation. This right is vested in the president of the state.
Formally, restoration of rights and obligations in relation to Russia is also a new acquisition of civil status. This can only happen if the person has all legal rights to recovery.
Other forms provided for by the legislation of the Russian Federation are rarely used.
To obtain citizenship, a foreigner will have to contact the relevant department of the Federal Migration Service and consult about possible accelerated registration of citizenship. In most cases, a person first receives a temporary residence permit, then a residence permit, and so on.
Refusal to receive or restore will necessarily be issued to persons who:
- Provided illegal documents or received them as a result of fraudulent activity.
- Have conducted or are conducting criminal activities in the country. Only an expunged criminal record can indicate the cessation of consequences.
- Participated or participated in military conflicts, committed illegal actions.
- They are foreigners or stateless persons who have left this legal status and who have engaged or are engaged in espionage for the benefit of other countries.
- Are terrorists or people associated with their activities.
- They do not have the right to enter Russia.
The stated grounds give the state the full right to refuse to grant a person a special legal status.
How is the procedure performed?
The law provides for two options for deprivation of citizenship: according to the standard and simplified scheme. These methods differ in terms of execution and other nuances. Let us consider in more detail each of the options for the development of events.
Standard scheme
In general terms, this will require sequential execution of five actions:
- Preparation of a package of documentation: in order not to miss a single certificate, the established list must be clarified in advance on the website of the Ministry of Internal Affairs or the State Services portal.
- Filling out the application form: the template and sample can be downloaded from the official Internet resource of the migration service.
- Transfer of the application and documents to the territorial unit dealing with migration issues.
- Waiting for a decision on this issue: the answer usually comes by email.
- If a positive decision is made, surrender your passport and receive in return a certificate confirming the termination of citizenship.
Despite the fact that there are only 5 points, the procedure takes 12 months. Therefore, it is important to correctly formulate the package of documents and fill out the form. In case of refusal, the procedure will have to be repeated.
Simplified diagram
This option is suitable for citizens who live outside the country for a long time. For example, persons with dual citizenship. Here two certificates are added to the above list of documents:
- Confirmation of legal stay in the host country;
- Confirmation of deregistration in the Russian Federation.
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A package of documents is transferred to the diplomatic mission. The time frame for making a decision in such a situation varies from 30 days to six months.
Methods for terminating citizenship of a state and their implementation
Exit from a legal position causes its termination. If such a decision has been made, then there can be no legal connection from that moment on. The exit procedure is entirely voluntary.
Termination of status may occur as a result of the cancellation of the decision to grant it. This situation occurs when there is a negative reason.
A person can also make a decision to change his own situation if the territorial and legal conditions of his stay in a particular region have changed.
There are two ways to exit (voluntarily):
- Basic. An option in which a person files a special petition. It is reviewed, and based on the facts studied, a decision on exit is made.
- Simplified. This option is possible in a situation where a person has already left for permanent residence in another country and can confirm this fact by receiving relevant documents. A simple registration of such a fact will be considered the termination of the legal status of a citizen.
The legislator has provided for a number of understandable moments when exit is considered impossible. For example, a person is under criminal investigation or is accused of committing a particularly serious crime.
There is no compulsory order in this matter. It is important that the state can unilaterally cancel citizenship, but this is rather an exception to the rule.
Deprivation of Russian citizenship: legal outline
Alienation of rights and freedoms, where the subjects are a private individual and the state, is a special situation that has been pondered by lawyers around the world for many years. In Russia, there has historically been a tendency in which only the state administration could command in this matter.
With the advent of the new constitution, which incorporated world democratic standards, renunciation or deprivation of citizenship has ceased to be a universal instrument of political and social pressure on the deprived. In most situations, a citizen of the Russian Federation can be deprived of citizenship only by canceling the fact of joining it or cannot be deprived of his legal status at all or limited in it (if the principle of territorial acquisition of citizenship was applied).
Statistics show that most often the decision to annul a provision is made by the citizen himself and he implements it through government agencies. Cases of forced alienation are extremely rare.
It is important to note once again that the loss of Russian citizenship does not always mean a ban on entry or the beginning of persecution in the country. Rather, it is a transition to a different relationship with the state in the status of a foreign citizen or stateless person.
Grounds for deprivation of citizenship
The state protects itself from persons who clearly harm the country by causing material or non-material harm. Grounds for deprivation of Russian citizenship:
- Terrorism is a criminal offense, the objective side of which consists of actions aimed at intimidating people, causing them harm, physical and moral damage (harm). One of the most terrible crimes against the foundations of state and public security.
- Extremism is a criminal offense. Actions that violated the rights and freedoms of other citizens, but were committed based on the person’s internal desire to sow interethnic hatred, religious enmity, and pit different social groups against each other. Actions can be one-time or a well-planned program.
- Treason or high treason are actions directed against one’s own country by transferring important data constituting state secrets (espionage) or other actions aimed at changing the integrity of the country disinterestedly or with the acquisition of material/intangible benefits.
Everything for which Russian citizenship can be deprived, and the process of deprivation itself, occurs exclusively on the basis of the Constitution and a special Law. It is in it that all aspects are revealed.
Sometimes doubts arise about the presence of dual citizenship (the second fact of belonging to another country). There are no grounds for stopping the Russian one in this case. The main legal act directly provides for the possibility of being a citizen of several countries at once.
Procedure for deprivation of Russian citizenship: stages
A passport can only be canceled by citizens who purchased it. Legally, this can only happen on the basis of a court decision. It is the judicial institution that is obliged to consider all the facts provided by government agencies and decide whether such measures are really necessary.
When committing the criminal offenses described above, the former conviction already confirms the fact legally necessary for the loss of citizenship.
If a person knowingly provided false facts or information about facts when obtaining citizenship, then the revocation of citizenship will be confirmed by the court in a short time.
A person who has received citizenship automatically based on the territorial principle or the principle of consanguinity cannot be deprived of his affiliation with Russia. He can make such a decision exclusively voluntarily. An application for termination of one’s status is submitted to a special state body under the Ministry of Internal Affairs or by directly applying to the court.
There is a simplified exit option, when permanent residence has been issued in another country and in order to finally obtain legal status in it, you will need to renounce your Russian passport.
Consequences of deprivation of Russian citizenship: practice
After refusal or forced alienation, the legal status of a person changes. This is expressed in:
- Termination of rights in relation to Russia. The right to education, medicine, and political rights can be used exclusively to the extent that is permitted to foreign citizens or stateless persons.
- Termination of a person’s responsibilities towards Russia. This is expressed in the absence of the need to pay taxes, serve in the army, and so on.
- The fact that the passport and international passport, other identification documents indicating belonging to the Russian state, lose their validity.
If a crime is committed and a court sentences it, there is a possibility of deportation from the country after serving the sentence.
Disagreement with the decision: what to do and how to appeal
There are situations when a court decision, in a person’s opinion, is not fair. Deprivation of Russian citizenship is not a basis for a ban or restriction of the right to go to court.
The application is written directly to the appellate authority. It indicates the grounds for deprivation of Russian citizenship by the court of first instance and evidence of the need to review the decision. If the plaintiff is able to defend his position in court, then the disagreement will result in the cancellation of the decision to terminate citizenship. Immediately after it comes into force, a person is again restored to the rights and responsibilities of a citizen, with all the ensuing consequences.
It is important that in case of voluntary renunciation of citizenship, you can also change your decision and return the application with the attached documents.
Is it possible to avoid deprivation of citizenship?
There is only one way to avoid forced deprivation of citizenship: to comply with all laws of the Russian Federation, not to participate in dubious events, and not to use fake documents.
Thus, deprivation of citizenship cannot be avoided if a person has violated certain laws, in particular, providing false information when registering citizenship, participating in terrorist and extremist activities, or high treason. Voluntary renunciation of citizenship is not a simple or lengthy matter, but it is possible.
Voluntary renunciation of citizenship: in what cases
The voluntary procedure for annulment of a citizen’s legal status can be carried out solely at his personal request.
Exit is possible only in situations directly provided for by the legislator. There are also a number of restrictions when it is impossible to break such a relationship. For example, if there is a tax debt or Russia does not have an international legal treaty with the country where the citizen is going to become a resident. This demonstrates the principle of reciprocity and preservation of equality of interests.
There can be any grounds for a person to lose Russian citizenship, the main thing is that they do not contradict Russian legislation (for example, a decision to live in another country).
The main part of the voluntary refusal process will last about a year, but there are cases of a simplified system when there are already documents confirming relations with another country. In this case, a special entry is made, and the acceleration will be released in 6 months. After this, you will have to surrender your passport and sign a number of legal documents.
Grounds for renunciation of citizenship
The only and main basis for starting the procedure for renouncing citizenship is the voluntary expression of the will of the citizen. Sometimes circumstances are such that a person needs legal alienation of his status. The state understands and accepts this position, and therefore provides the opportunity to voluntarily terminate the legal relationship.
It is prohibited to forcibly deprive a citizen of his basic position. Back in Soviet times, a forced procedure was allowed, but today a number of guarantees and a mechanism for legal protection against such actions have been introduced.
The procedure for renouncing citizenship: stages
If a person has no restrictions on alienation, and the decision is finally made, then the following must be done:
- Apply to the relevant department of the Ministry of Internal Affairs.
- Prepare a number of documents specified by the Presidential Decree.
- Sign the decision on the alienation of civil rights and obligations.
- Return the passport, which is the property of the Russian state.
Clarification: you can submit documents abroad if a person already lives in another country and does not find the need to return to their homeland.
Required documents:
- ID card (passport);
- photo;
- a certificate from the tax office confirming the absence of fiscal debt;
- documents from the police (about loss of criminal status, if any);
- a receipt from the bank confirming payment of the state fee;
- certificate or proof of legal status in another country (their notarized translation).
The state duty is 3,500 rubles, there are no other mandatory payments. You can carry out the procedure yourself or through representation by a lawyer. The duration of the process in general is 1 year.
If the decision to grant Russian citizenship to a person is revoked, he is subject to expatriation. That is, they will be forcibly moved across the state border.
The reasons for refusal are described in the laws. All of them are discussed above and involve maintaining a connection with the state without the possibility of its voluntary termination. But any refusal can always be appealed in court and declared illegal.
Voluntary deprivation of citizenship
If we consider the above list of grounds, it becomes clear that the first three points require a voluntary change of nationality. The refusal to grant civil status does not quite fit into the concept under consideration, because de jure, a foreigner is not yet a citizen of the country. The last point relates to the forced termination of Russian citizenship.
So, when deciding on citizenship voluntarily, it is important to strictly observe all the subtleties of the procedure. First of all, this concerns the completeness of the package of submitted documentation and the correctness of filling out the application. If missing documents or errors are identified, the request to terminate citizenship will be denied.
Required documents
Let us clarify right away that the list is quite impressive. This includes:
- A certificate certifying the fact of obtaining citizenship of another country.
- National passport.
- Photos in a unified 3*4 format in color or black and white.
Photo requirements - An extract from the tax office confirming the absence of debts.
Certificate from the tax office confirming the absence of debts - Certificate confirming the change of last name, first name or patronymic (if necessary).
- Completed application form of the established form.
When creating a package, you need to take into account a number of features. For example, a certificate from the tax office is issued within 10 days from the date of receipt of the request. Photographs must clearly show the applicant's face and sunglasses and hats are not permitted unless required by religion. A document confirming the acquisition of citizenship of another state is issued regardless of whether a subsequent renunciation of Russian citizenship is expected or not.
How to fill out the form correctly
This document contains about 20 items that must be filled in or optionally. In any case, there should be no blank fields in the body of the form. If an item is not mandatory, a dash is placed in the column.
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So, the applicant needs to answer the following questions:
- Reasons that prompted you to renounce citizenship of the country.
- Information about minors who automatically lose their civil status along with their parents/guardians.
- Passport information, including information about changing first and last names.
- Date and place of birth.
- Gender.
- Nationality (optional).
- Religion (optional).
- Information about receiving education: educational institution, date of admission and graduation, diploma number.
- Academic degree (if any, otherwise put a dash).
- Information about work activity: entered in the same format and sequence as in the work book.
- Data on existing financial obligations: taxes, alimony, etc.
- Information about military service: fixed-term and contract.
- Information about criminal convictions.
- Contact information: actual residence address and telephone number.
- List of documents that are attached to the application.
- Date of completion.
- Applicant's signature.
Important! The form must be filled out in blue ink only; to avoid misunderstandings, it is better to use block letters. Cross-outs and corrections when filling out are not allowed, so if there is a blot, you will have to rewrite it completely.
Conditions for leaving citizenship for children
Children cannot make their own decisions regarding changing (losing) citizenship. Therefore, the legislator granted this right to parents.
If both or one parent of a child leaves for permanent residence in another country, deciding to resettle, and wants to change citizenship together with him, then an application from two parents is required. The condition is mandatory, and a mono format is not provided here. For example, if the spouses arrange a divorce and the mother wants to take the child to another country, then the father’s support of the decision to change citizenship will be mandatory.
Documents must be provided for both the parents and the child. You will also have to pay a state fee of 3,500 rubles.
Thus, it is clear why Russian citizenship can be deprived and how this process occurs. The main thing is to know that for a person such a process is carried out voluntarily, at his own request. Termination of the legal status of a citizen leads to the termination of belonging to the Russian Federation.
Is it possible to deprive Russian citizenship
Swedish walls! Promotion! Wall bars for a child for RUB 4,550! Payment upon receipt! Press! 70 models in stock Delivery within the Russian Federation 300 rubles 36 month warranty kupi-dsk.ru Legal advice 9111.ru Citizenship. Ask lawyersMy questionsMessagesConsultation. Stanislav, Orel. Stanislav 02.11.2021 07:48 Russia, Orel | Questions: 2 Topic: citizenship. I was born in Ukraine and lived there all my life. For the last 2 years I have been living in Russia. Now I am applying for Russian citizenship based on the certificate of voluntary resettlement of compatriots. I have already submitted documents for citizenship to the Federal Migration Service and sent an application renouncing Ukrainian citizenship to the Ukrainian Embassy by mail. But the FMS told me that I still had to personally contact the Ukrainian Embassy and within a year from the moment of receiving a passport as a citizen of the Russian Federation I must provide an official renunciation of Ukrainian citizenship, otherwise I could be deprived of Russian citizenship. But after talking with people who also apply for citizenship, I learned that not everyone is told this. Please tell me, is this true? And is it necessary to renounce Ukrainian citizenship? Is it necessary to go to the Ukrainian Embassy in Moscow for this? Maybe you can send documents by mail?
