The citizenship theme in our country has got an exclusive urgency these last years. Disintegration of the USSR, necessity of formation of new citizenship in Russia, mentioning destinies of millions people, became a subject of interest and discussion of the wide public in our country.
Due to a declaration of one person’s rights and freedom as a supreme value, the interest for citizenship has essentially increased in our country Citizenship is a link between people’s sovereignty and a personal freedom. In its turn, in direct dependence and communication with citizenship there are rights, freedom and duties of a person, their volume and the maintenance. Citizenship is the indispensable precondition for possession by the person of all sum of constitutional and other rights and freedom, putting on and other legislation of duties provided by the Constitution, and also to protect one’s rights and interests not only in the given state, but also abroad in a diplomatic order and other forms established in an interstate dialogue.
The citizenship institute carries out double socially-legal function. On the one hand, citizenship acts as means and a way of protection of the rights of the individual, with another — as institute of protection of the rights and interests of the state. Balance between these two aspects of the functional characteristic of citizenship is reflexion of an adequate parity of interests and the rights of the person and interests of a society and the state.
The modern Russian legislation concerning citizenship solves a number of the actual legal problems which have arisen in connection with transformation of political, economic, social and other forms of the organisation of the state and public life, and also overcoming in many respects artificial self-isolation of the country and development of relations with other countries and the people.
Thus, problems of Russian citizenship which had during the Soviet period formal character owing to absorption by their citizenship of the USSR became today the integral attribute of the Russian statehood, the finding certificate Russia the real sovereignty.
The theme of citizenship and continues to remain today exclusively actual researchers demanding steadfast attention.
The purpose of the given term work consists in the analysis of institute of citizenship in Russian Federation.
The Constitution in force fixes the right to citizenship, fixes an order according to which citizenship of Russian Federation is got and stops according to the Federal Law. Such law now is the Law of Russian Federation «About citizenship of Russian Federation» from the November, 28th, 1991, come into force since February, 6th, 1992 and added then a number of statutory acts.
This question is extremely important and in practical sense for millions citizens of the former Soviet Union will of destinies appeared outside of Russian Federation.
The law of Russian Federation «About citizenship of Russian Federation» defines citizenship as steady legal communication of a person with the state, expressed in aggregate their mutual rights, duties and the responsibility based on a recognition and respect of advantage, fundamental laws and freedom of the person.
The main lines characterising citizenship proceed from this definition:
Citizenship is a legal state, because the set of people living in a territory of the state forms a demographic category — population, it includes also citizens of the foreign state and persons without citizenship. The citizen of the state is the person existing of special communications between it and the state, instead of owing to the residing fact in this state. These special communications are based on legal registration of relations of citizenship.
The constitution of the Russian Federation and the Law on citizenship of the Russian Federation has established the general bases of relations of citizenship:
1. Citizenship of the Russian Federation is uniform, i.e. the citizens of Russia constantly living in territory of republic structure of the Russian Federation, are simultaneously citizens of this republic. This principle is very important for a federative state, for preservation of its integrity.
2. Citizenship of the Russian Federation is equal irrespective of the bases and time of its acquisition.
3. Citizenship of the Russian Federation has an open and free character. Each person has the right to get the Russian citizenship or to change it.
4. The citizen of Russia cannot be deprived his citizenship. It is an absolutely new principle for our country, because before the legislation a Soviet period fixed such form of loss of citizenship.
5. Citizenship of Russia does not interfere with possibility to have citizenship of the foreign state. This is an absolutely new principle for our legislation as well. It is clear that the double citizenship recognition is based under certain conditions: the petition of the person, the state permission, presence of the corresponding contract between the Russian Federation and this state.
6. Citizenship of the Russian Federation cannot automatically change at the conclusion or divorce with the person who is not the Russian citizen.
7. The citizens of Russia who are outside of the Russian Federation are under protection and protection of the Russian state.
8. For the first time such institute as honourable citizenship which can be given the person not being the citizen of Russia, but having outstanding merits in front of Russia or world community is entered. Honourable citizenship is given by the President of Russia with the consent of this person. Possession citizenship — the precondition of full distribution of a given person of all rights, freedom and the duties recognised as the law, protection by the state in the country, but also outside its limits.
Citizenship – a legal and not an actual state. Citizenship relations are not connected directly with the fact of residing of the person in the country. A lot of citizens of Russia live abroad, and the population of Russia includes not only citizens, but also foreign citizens constantly staying in its territory and persons without citizenship. All these categories of persons make the country population which concept is characterised not as legal but as demographic.
The person is the citizen of the state not because he or she resides on its territory but there are the special communications making the maintenance of citizenship between the person and the state.
These communications are based on legal registration of relations of the state.
The state in the law establishes the bases on which this or that person is admitted as a citizen, the bases of acquisition and the citizenship termination, an order of the decision of these questions.
The constitution and the Law on citizenship establish, first of all, those general principles which define intrinsic lines of relations of citizenship. Among them it is necessary to allocate the followings.
1. Citizenship of the Russian Federation is uniform. Owing to the federal device this principle the major also is fixed in Constitutions (item 6).
2. Citizenship in the Russian Federation is equal irrespective of the acquisition bases. The legislation does not provide any differences and features in a legal status of the persons who have become citizens of the Russian Federation on the various bases: on a birth, in connection with acceptance of citizenship, restoration of citizenship, adoption etc.
3. Citizenship of the Russian Federation has the open and free character. It is expressed that in the Russian Federation each person has the right to citizenship, available of such form of acquisition of citizenship as reception. The Russian Federation aspires to reduce the number of people without citizenship — item 7 of the Law on citizenship and is called «Reduction of people without citizenship».
4. The citizen of the Russian Federation cannot be deprived the citizenship. This principle is new in the legislation on citizenship.
5. Possibility to have citizenship of the foreign state (dual citizenship) according to the federal law or the international contract of the Russian Federation (item 62) is given to the citizen of the Russian Federation.
6. Citizenship of the Russian Federation remains for the persons living outside of the Russian Federation (item 27 — freedom to select a residence, freely to leave limits of the country and free to come back).
7. Citizenship of the Russian Federation is based on negation of its automatic change at the conclusion or divorce by the citizen of Russia with the person who is not belonging to its citizenship, and also at citizenship change by other spouse.
8. To citizens of the Russian Federation, being out its limits, the Federation guarantees protection. This principle is fixed in the Constitution (item 61) and in the law on citizenship.
Having studied the principles of citizenship of Russian Federation set forth above, the bases for acquisition, change or the citizenship termination, the bodies regulating the decision of questions concerning citizenship, we can draw a conclusion that the most important component of the institute making bases of a legal status of a person which are confirmed in the Constitution of Russian Federation currently in force, is a set of norms regulating citizenship.
The institute of constitution and rights of bases of the status of a person reflects the essential initial beginnings defining positions of the person in the society and the citizenship, the principles of their mutual relation. From here we also deduce citizenship as one of the elements of a legal status of an individual.
In our country, the questions of citizenship are more relevant. In the movement for sovereignty finding, during which one tries to reach it at any cost, first of all the rights and freedom of no native population living on territory of the former union republics are broken.
More and more disturbing is a practice of division of citizens on indigenous and stranger. Putting forward a barrier to similar practice, Russia has signed bilateral agreements with Estonia, Latvia, Ukraine and other sovereign states. Within the limits of the agreement on creation of the CIS specially it is underlined that Contracting parties guarantee to the citizens irrespective of a nationality or other distinctions the equal rights and freedom. Each of the Parties guarantees to citizens of other parties, as to persons without citizenship, right and freedom according to the standard international norms about human rights.
The most important principle which wasn’t affirmed before in none of Soviet law — the dual citizenship rights. Earlier this right was rejected.
But at the same time if possible, the states aspire to limit their representations to avoid legal collisions arising in the presence of a dual citizenship. Dual citizenship presence conducts behind itself a number of difficulties, because one of the thorny questions concerning regulation of citizenship. In the international practice these questions are regulated by the conclusion of the international and interstate contracts and granting to persons with a most favoured nation treatment dual citizenship.
This question dares differently in the former union republics. In the majority (Kirghizia, Azerbaijan, Moldova, Estonia, Lithuania) the dual citizenship is not supposed. Ukraine and Belarus, on the contrary, recognise it, but Georgia leaves a question open.
The position of Russian Federation dictated by features of its historical, demographic and political development and also national-psychological factors represented quite weighed and democratic. Thereby the principle of a continuity of the Russian citizenship, its openness for all fellow citizens scattered as the fates decree in this world legally affirms, and all wishing to join its spiritual, cultural and human values and to use its jurisdiction.
Here we will underline especially great value which has the judicial order of the appeal of all decisions connected with acquisition established by the law, the termination, an accessory to citizenship of the Russian Federation, and also remedial actions of officials by consideration of statements concerning citizenship. Thus, at the slightest infringements of the given law the interested person has the right to address with the complaint in court. The provided mechanism provides efficiency of the law and protection of human rights.
The Constitution of the Russian Federation and the Law on citizenship of the Russian Federation in force — are the basic democratic sources in which the norms regulating steady legal communication of the person with the state, expressed in aggregate their mutual rights, duties and the responsibility, based on a recognition and respect of advantage, fundamental laws and freedom of the person are concluded. Besides it the state also protects civil human rights: personal, economic, social and others. Such rights are fixed in the Constitution of the Russian Federation as basic principles of the legal democratic state.
Development of institute of citizenship, norms which regulate the questions concerning it will cause many problems. Especially sharply it will be carried out in Russia, in connection with it historically — political last and not less crisis in the political plan the present.
The links regulating questions of citizenship with the countries of near and far abroad that can cause infringement of article 61 of a part 2 of Constitutions of the Russian Federation which guarantees to the citizens protection out of its limits.
Thus, the state doesn’t have the right to admit the infringement fixed in the Constitution of Russian Federation of democratic principles, and in particular, concerning citizenship as it breaks the basis of democracy. In order to avoid it, the state should conduct the policy directed on maintenance not only all-democratic principles, but also the questions concerning citizenship, by creation of regulatory legal acts federal laws and the international contracts.