The mobility of modern life and the massive nature of migration processes have created such a phenomenon as the presence of passports of several countries for one person. Residents of the post-Soviet republics, because of family ties or in search of a better life, moving from one part of the former USSR to another, often use this opportunity. It provides certain benefits and advantages. But holders of red and blue passports, wondering how to obtain dual citizenship between Russia and Belarus, do not always correctly understand the legal nature of this status.
Definition of dual citizenship
Bipatrides are persons with passports of two countries at once that have signed an agreement on dual citizenship, which establishes the mutual recognition of documents and legal norms agreed with each other for residents. For example, a person with dual citizenship will serve in the army where he permanently resides and pay taxes at the place of employment.
Now Russia has a dual citizenship agreement with Tajikistan. Until May 2021, a similar agreement was in force with Turkmenistan.
Legislation of the Republic of Belarus
It is necessary to distinguish between the concept of dual citizenship and the presence of two passports, one of which was issued by another state. Article 11 of the Law "On Citizenship of the Republic of Belarus" dated 01.08.2002 No. 136-З (hereinafter - the Law on the State Border Guard Service) states that foreign citizenship of a Belarusian is not recognized, except in cases established by international treaties.
However, if the country of the second citizenship did not require the abandonment of the previous one, the Belarusian becomes the owner of two passports. In Belarus, he will be considered only its citizen. This means that the answer to the practical question of whether it is possible to have two citizenships in Belarus is: dual citizenship is not allowed, but the second is not prohibited.
What is the responsibility
As mentioned above, in Belarus, the presence of a passport of another country does not stop belonging to the native state and does not exempt one from responsibility and obligations stipulated by the Constitution and laws of the Republic of Belarus. Moreover, their failure to comply may lead to the initiation of a criminal case. For example, a citizen of the Republic of Belarus for evading military conscription will be punished by up to two years in prison under Article 435 of the Criminal Code of the Republic of Belarus.
Responsibility in the form of deprivation of citizenship in the Republic of Belarus is provided for when admitted to military service, the police, security, justice or other state bodies of a foreign power. The search for such persons is carried out at the request of the internal affairs bodies or the diplomatic service of the Republic of Belarus.
Also Art. 20 of the GDB Law provides for the grounds for prohibiting renunciation of citizenship:
- the candidate is convicted;
- has tax debts or unfulfilled obligations in the territory of the Republic of Belarus (fines, alimony, etc.);
- does not have any other citizenship and cannot prove the possibility of acquiring it.
The ban on double indigenous people of the Republic of Belarus has exceptions for children of foreigners or children who have one of the parents - a foreigner with a residence permit (residence permit) or permanent residence (permanent residence) in the republic. At birth, a child receives the citizenship of his parents, but at the age of 18 he must independently choose which country's passport to receive. From the age of 14, a child himself can submit a written application to renounce his citizenship to the Republic of Belarus.
Legislation of the Russian Federation on issues of citizenship
The Russian Constitution also does not prohibit having a second civil status, but its owner is considered only as a citizen of the Russian Federation. He can obtain a second citizenship without losing his Russian passport.
Amendments made in 2021 to Article 6 of Law No. 62-FZ “On Citizenship of the Russian Federation” changed the attitude of the regulatory authorities to the presence of a residence permit, permanent residence or two (several) passports for Russians. A new obligation has appeared: within 60 days from the date of receipt of a passport, residence permit or permanent residence, report this to the migration authority of the Ministry of Internal Affairs of Russia. For failure to comply, criminal liability is established (Article 330.2 of the Criminal Code of the Russian Federation): community service up to 400 hours or a fine.
For late information or false information, an administrative penalty is provided (Article 19.8.3 of the Administrative Code) - a fine of up to 1000 rubles.
How citizenship changes
The issue of changing citizenship and obtaining a Belarusian passport is regulated by the Law on the State Border Guard Service. This can only be done if the applicant does not have foreign citizenship (clause 5 of article 14 of the Law on the State Border Guard Service).
An applicant for Belarusian citizenship, if there are grounds for this (marriage, qualifications, investments in the economy, etc.), applies to the internal affairs bodies with an application for permanent residence (residence permit) in the Republic of Belarus. The decision is made by the President of the Republic of Belarus.
To obtain a Belarusian passport in 2021, a Russian can use the procedure for renouncing Russian citizenship on the basis of personal desire. He must provide guarantees of withdrawal from the citizenship of the Russian Federation to its diplomatic mission in Belarus, together with a statement of the established form. The person who submitted the application retains all rights in the previous country of residence until a decision is made on the application. When a positive decision is made, a renunciation of Russian citizenship is formalized, which is signed personally by the President of Russia. How the procedure takes place can be found in the publication "Renunciation of Russian Citizenship".
Conclusion
The legislative norms of the Russian Federation and the Republic of Belarus do not provide for dual citizenship. But for those who simultaneously have passports of the Russian Federation and the Republic of Belarus, criminal and administrative penalties are not provided. The holder of two passports remains a full citizen of each country.
