In every state, the institution of citizenship is the legal connection of a person living on the territory of the country and state. The relationship between the citizen and the state is an important element for the development of civil society and is the essence of citizenship. The institution of citizenship highlights the essential relationships, connections and mutual rights and obligations that exist between a person and the state, and is also one of the main elements of a person’s legal status.
The Russian Federation pays special attention to improving legislation on citizenship issues.
The Russian Federation has approved a state strategy, the priorities of which are the preservation and development of spiritual and moral values, sustainable population growth, and ensuring the safety of Russian citizens. Priorities determine the main directions of policy development in the field of naturalization.
Also, this topic becomes of particular interest after the accession of new entities to the Russian Federation. At the moment, in the Russian Federation there is a decrease in the number of people who have applied for Russian citizenship. The number of foreign citizens who received Russian citizenship in 2022 decreased by 6.5% compared to 2021, amounting to 691 thousand people, according to migration statistics from the Russian Ministry of Internal Affairs. For 9 months of 2023, according to information from the Ministry of Internal Affairs of the Russian Federation, the number of persons admitted to Russian citizenship on the basis of the provisions of Federal Law dated May 31, 2002 № 62-FL «On Citizenship of the Russian Federation» decreased by 46.6% 317.8 thousand. All of the above factors indicate the particular relevance of this topic.
The basis of legal relations of citizenship is a special legal content, a special circle of subjects.
The subjects of these legal relations are an individual and the state. An individual may be a citizen of the Russian Federation, a foreign citizen, a person who is a citizen of two or more states, or a stateless person.
The state, namely the authorized body dealing with issues of citizenship is the President of the Russian Federation, federal government bodies on issues of migration and foreign affairs. The authorized body in the field of migration is the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation, which regulates migration issues in Russia.
At the present stage, the current legislation of the Russian Federation to determine citizenship uses the concept formed at the last stage of the existence of the Soviet Union. So, in accordance with paragraph. 2 tbsp. 3 of the Federal Law of May 31, 2002 № 62-FZ «On Citizenship of the Russian Federation» (hereinafter referred to as the Federal Law «On Citizenship»), citizenship is a stable legal connection between a person and the state, which is expressed in a set of mutual rights and obligations. [1, p. 2]
Russian legal scholars differ and express different opinions regarding the concept of citizenship. Thus, D.K. Davudova in her article comes to the conclusion that legal scholars consider it necessary to define citizenship as a stable legal connection between a person and the state, which determines the legal status of a citizen in the state “as a truly free and equal citizen” and entails protection by the state his rights and legitimate interests abroad in the diplomatic manner and in other forms established in interstate communication. [1, p. 3]
It is worth noting that the Constitution of the Russian Federation, unlike previous normative legal acts, differs in that it is based on a progressive level of legal technology. At the present stage, the legislator has abandoned the preamble; all general provisions about the institution under study are contained in a separate chapter.
Of particular importance is the analysis of the principles of Russian citizenship, which are the basic principles of all legislation in this aspect. Thus, in accordance with Article 4 of the Federal Law «On Citizenship», the principles of Russian citizenship are: the principle of prohibition of discrimination in matters of citizenship, the principle of the general nature and equal content of Russian citizenship, the principle of maintaining the legal connection between the individual and the state, the principle of inadmissibility of deprivation of citizenship, except in cases provided for by law, the principle of inadmissibility of applying negative consequences to a citizen in the form of exile and extradition at the request of a foreign state, the principle of encouraging the acquisition of Russian citizenship by persons who do not have it.
The listed principles are not exhaustive; modern Russian teachers in the field of law identify a system of principles, which is based on an analysis of the current legislation of the Russian Federation and includes two parts: principles regarding citizenship (the principle of dual citizenship, the right to citizenship), as well as principles related to the content of citizenship (prohibition of deprivation of citizenship, equality of citizenship, prohibition of extradition of citizens). An equally important issue is the acquisition of citizenship, its basis and procedure. The basis for obtaining citizenship is enshrined in the Federal Law «On Citizenship». So, on the basis of Art. 11 of the Federal Law «On Citizenship», the legislator has identified several types of acquisition of citizenship of the Russian Federation. [2, p. 7]
- Filiation: birth on the territory of Russia, the right of “blood” (parents, the only parent is a citizen of the Russian Federation), the right of “soil” the birth of a child on the territory of Russia. At the birth of a child, it does not matter whether the parents are citizens of another state, stateless if the child does not have the right to obtain citizenship of another state, if the parents of the child born in Russia are not identified.
- Naturalization: admission to Russian citizenship.
- Restoration of citizenship.
- Transfer: the transition of citizens from one citizenship to another, associated with the transfer of the territory of one state to another.
Summing up the results of the study, we can conclude that citizenship issues are becoming particularly relevant, which is also due to the state strategy of the Russian Federation and the constant dynamics of obtaining citizenship of the Russian Federation by foreign citizens. Citizenship is also a legal connection between the state and the individual. The principles of citizenship of the Russian Federation are principles regarding citizenship and principles related to the content of citizenship. The legal regulation of the institution of citizenship is defined in the Constitution of the Russian Federation and a special federal law. The methods for acquiring citizenship are: filiation, naturalization, restoration of citizenship and others.
Список литературы
- Davudova D.K.: Theoretical approaches to the definition of the concept of “citizenship” in the field of constitutional law of the Russian Federation / ISSN 1997-0803 / Bulletin of MGUKI / 4 (54) July–August 2013. – 4 p.
- Neshko E.M.: Some legal aspects of the essence and content of the institution of citizenship in the Russian Federation / Scientific journal “Epomen” /, No. 24, 2019 | Epomen Scientific Journal, No. 24 2019. - 18 p.