The principles of Russian citizenship are provisions that govern legal relations associated with the corresponding institution of constitutional law of the Russian Federation. What are these principles and what they imply, it is necessary to understand, since they presuppose that citizens have certain rights and obligations.
Concept and legislative regulation
The concept of "citizenship" means such an interconnection between a person and a state, which is represented by a set of rights and obligations of participants in such legal relations on a reciprocal basis.
These relations govern:
- The main law of the Russian Federation is the Constitution;
- Federal Law No. 62-FZ dated May 31, 2002.
The very definition of the concept under consideration is contained in Article 3 of Federal Law No. 62. The relevant principles are listed in Article 4 of the Law, and also contained in the Constitution of the Russian Federation.
Principles
According to the law, the principles of Russian citizenship and the rules governing them should not restrict anyone's rights for reasons of belonging to a particular group (racial, social, national, religious, linguistic).
These provisions are subdivided into:
- General (also called constitutional);
- Special.
Generals represent the foundations of the Russian legal system. This:
- Democracy;
- Democracy;
- Equality;
- Federalism;
- Humanism;
- Respect and recognition of fundamental human rights and dignity, etc.
The listed provisions are the basis for the regulation of legal relations arising from the citizenship of the Russian Federation. They are contained in the Constitution.
Special ones relate exclusively to the legal institution in question and are listed in Art. 4 ФЗ № 62.
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Equality
The essence of equality in this case is expressed in two points:
- Substantial: this means that in a legal sense, all citizens are equal;
- Formal: means that the rights of all citizens are the same, regardless of how the person acquired belonging to the state. Acquisition is possible both in the general procedure (for those who have lived in Russia for 5 years, and in a simplified one - when it is allowed to obtain status by persons who have lived in the Russian Federation for only three years).
From the above, it follows that restrictions on citizens on any grounds (racial, religious or otherwise) are unacceptable. The responsibilities of all citizens are also the same.
Freedom and voluntariness of choice
Freedom and voluntariness in relevant issues means that everyone decides them for himself. In this regard, the Constitution says that no one can be forcibly deprived of the status, and no one can be prohibited from changing it (part 3 of article 6 of the Constitution, part 4 of article 4 of the Federal Law No. 62).
Inadmissibility of deprivation
The impossibility of arbitrary deprivation of civil status follows from the previous principle. This provision is also governed by the 1991 Declaration of Rights and Freedoms. Deprivation forcibly is possible only in the form of a revision of the corresponding status due to the provision of false documents by the applicant.
Failure to extradite a Russian to another state
Requirements for the extradition (extradition) of a person to another state arise when he commits crimes and offenses affecting the interests of foreign citizens. In addition to Federal Law No. 62, this principle is specified in Art. 61 of the Constitution. If a Russian has committed a crime, he will have to bear conviction and punishment in his own country.
Permissibility of dual citizenship
Art. 62 of the Constitution states that such a situation is possible for Russians. Previously, this was not allowed in the laws of the USSR. The norm appeared after the collapse of the USSR due to the fact that many Russians remained to live in the former republics of the Union.
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But this is possible only in relation to those countries that have an international agreement with Russia on this matter. Now it is only Tajikistan. Until 2015, such an agreement was in effect with Turkmenistan, but it was not renewed. However, if the clearance took place before 2015, then it is still valid.
Maintaining the position of a Russian outside the Russian Federation
The preservation of the status of a Russian citizen outside the borders of the Russian Federation is associated with the right to free choice of place of residence. Russians have the opportunity to freely leave Russia and come back in the same way. This right is enshrined in both the Constitution and the 1966 International Covenant on Civil and Political Rights.
Attracting stateless persons
Stateless people are stateless people. This condition can arise either from birth (absolute) or from loss or rejection (relative).
In state law, there is an opinion about apatrism as a kind of anomalous phenomenon, therefore, at the legislative level, it is encouraged to reduce the number of stateless persons by attracting them. There is a special 1961 Convention on the Reduction of Statelessness, according to which states are obliged to simplify the procedure for obtaining citizenship in their territory in order to reduce the number of stateless persons.
Other
In addition to those indicated in Art. 4 Federal Law No. 62 indicates 2 more provisions:
- In the listed norms and other rules regarding the regulation of the issues under consideration, there can be no restrictions on people on the basis of race, language, nationality or social status. This means that all people are equal before the state and can become Russians regardless of their origin or religion;
- In cases where it is necessary to determine whether a person is a Russian or was previously a citizen of the USSR, one should refer to Russian and Soviet legislation, as well as to international treaties. These documents must be valid on the date of the determination of citizenship.
The above rules are fundamental, as all other provisions on civil status must comply with them. They also play the role of a basis for the practical application of the relevant legal regulations.
Citizenship is the main element of personal legal status; it reflects the presence of a person-state relationship. Its principles are based on the general norms of the legal status of an individual.
